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pdfH. R. 4366
One Hundred Eighteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
Making consolidated appropriations for the fiscal year ending September 30, 2024,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2024’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
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
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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
Title
Title
Title
Title
DIVISION G—OTHER MATTERS
I—Health and Human Services
II—Amending Compacts of Free Association
III—Extensions and Other Matters
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.
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DIVISION A—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2024
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $2,022,775,000, to remain
available until September 30, 2028: Provided, That, of this amount,
not to exceed $398,145,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount made available under this heading,
$522,220,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ‘‘Military
Construction, Army’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), in addition to amounts otherwise available for such purposes.
MILITARY CONSTRUCTION, NAVY
AND
MARINE CORPS
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $5,531,369,000, to remain available until September 30, 2028: Provided, That, of this amount,
not to exceed $711,505,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $335,563,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Navy and Marine Corps’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
H. R. 4366—4
by law, $2,741,424,000, to remain available until September 30,
2028: Provided, That, of this amount, not to exceed $567,874,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available under
this heading, $193,610,000 shall be for the projects and activities,
and in the amounts, specified in the table under the heading ‘‘Military Construction, Air Force’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for
such purposes.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $3,161,782,000, to remain available until September
30, 2028: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That, of the amount, not to
exceed $347,545,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the amount
made available under this heading, $36,100,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Defense-Wide’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $620,647,000, to remain available
until September 30, 2028: Provided, That, of the amount, not to
exceed $79,221,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
H. R. 4366—5
made available under this heading, $270,461,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Army National Guard’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $295,526,000, to remain available until
September 30, 2028: Provided, That, of the amount, not to exceed
$68,454,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount
made available under this heading, $123,804,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ‘‘Military Construction, Air National Guard’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), in addition to amounts
otherwise available for such purposes.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$151,076,000, to remain available until September 30, 2028: Provided, That, of the amount, not to exceed $27,389,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$44,000,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ‘‘Military
Construction, Army Reserve’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for
such purposes.
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $51,291,000, to remain available
until September 30, 2028: Provided, That, of the amount, not to
exceed $6,495,000 shall be available for study, planning, design,
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and architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$331,572,000, to remain available until September 30, 2028: Provided, That, of the amount, not to exceed $14,646,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the amount made available under
this heading, $40,000,000 shall be for the projects and activities,
and in the amounts, specified in the table under the heading ‘‘Military Construction, Air Force Reserve’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), in addition to amounts otherwise available for
such purposes.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $293,434,000, to
remain available until expended.
DEPARTMENT
OF
DEFENSE BASE CLOSURE ACCOUNT
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $489,174,000,
to remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $304,895,000, to remain available until September 30, 2028.
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FAMILY HOUSING OPERATION
AND
MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $395,485,000.
FAMILY HOUSING CONSTRUCTION, NAVY
AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$277,142,000, to remain available until September 30, 2028.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS
AND
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $373,854,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $237,097,000, to remain
available until September 30, 2028.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $324,386,000.
FAMILY HOUSING OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $50,785,000.
DEPARTMENT
OF
DEFENSE
FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $6,611,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
DEPARTMENT
OF
DEFENSE
MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $496,000, to remain available until
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expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied
housing and supporting facilities.
ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
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Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Gulf, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(INCLUDING TRANSFER OF FUNDS)
SEC. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
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Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
(INCLUDING TRANSFER OF FUNDS)
SEC. 118. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be
merged with and be available for the same purposes and for the
same time period as the fund to which transferred.
SEC. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
(INCLUDING TRANSFER OF FUNDS)
SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
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obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
(INCLUDING TRANSFER OF FUNDS)
SEC. 122. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of April 2021, as in effect on the date of
enactment of this Act.
SEC. 123. None of the funds made available in this title may
be obligated or expended for planning and design and construction
of projects at Arlington National Cemetery.
SEC. 124. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2028:
‘‘Military Construction, Army’’, $8,214,000;
‘‘Military Construction, Navy and Marine Corps’’,
$182,150,000;
‘‘Military Construction, Air Force’’, $166,300,000;
‘‘Military Construction, Defense-Wide’’, $62,400,000;
‘‘Military
Construction,
Army
National
Guard’’,
$66,815,000;
‘‘Military Construction, Air National Guard’’, $5,200,000;
and
‘‘Military Construction, Army Reserve’’, $23,000,000:
Provided, That such funds may only be obligated to carry out
construction and cost to complete projects identified in the respective military department’s unfunded priority list for fiscal year
2024 submitted to Congress: Provided further, That such projects
are subject to authorization prior to obligation and expenditure
of funds to carry out construction: Provided further, That not later
than 60 days after enactment of this Act, the Secretary of the
military department concerned, or their designee, shall submit to
the Committees on Appropriations of both Houses of Congress an
expenditure plan for funds provided under this section.
SEC. 125. All amounts appropriated to the ‘‘Department of
Defense—Military Construction, Army’’, ‘‘Department of Defense—
Military Construction, Navy and Marine Corps’’, ‘‘Department of
Defense—Military Construction, Air Force’’, and ‘‘Department of
Defense—Military Construction, Defense-Wide’’ accounts pursuant
to the authorization of appropriations in a National Defense
Authorization Act specified for fiscal year 2024 in the funding
table in section 4601 of that Act shall be immediately available
and allotted to contract for the full scope of authorized projects.
SEC. 126. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from
prior appropriations Acts may be obligated before October 1, 2025
for fiscal year 2017, 2018, and 2019 military construction projects
for which project authorization has not lapsed or for which
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authorization is extended for fiscal year 2024 by a National Defense
Authorization Act: Provided, That no amounts may be obligated
pursuant to this section from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 127. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services
of the House of Representatives and the Senate, the Subcommittee
on Military Construction and Veterans Affairs of the Committee
on Appropriations of the Senate, and the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.
SEC. 128. For an additional amount for the accounts and in
the amounts specified for planning and design and unspecified
minor construction, for improving military installation resilience,
to remain available until September 30, 2028:
‘‘Military Construction, Army’’, $15,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$7,500,000; and
‘‘Military Construction, Air Force’’, $7,500,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 129. For an additional amount for the accounts and in
the amounts specified for planning and design and unspecified
minor construction for construction improvements to Department
of Defense laboratory facilities, to remain available until September
30, 2028:
‘‘Military Construction, Army’’, $10,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$10,000,000; and
‘‘Military Construction, Air Force’’, $10,000,000:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 130. For an additional amount for ‘‘Military Construction,
Air Force’’, $150,000,000, to remain available until September 30,
2028, for expenses incurred as a result of natural disasters: Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the Air Force, or their designee, shall
submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
SEC. 131. For an additional amount for the accounts and in
the amounts specified for planning and design for child development
centers, to remain available until September 30, 2028:
‘‘Military Construction, Army’’, $15,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$15,000,000; and
‘‘Military Construction, Air Force’’, $15,000,000:
Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the military department concerned,
or their designee, shall submit to the Committees on Appropriations
H. R. 4366—13
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 132. For an additional amount for the accounts and in
the amounts specified for planning and design, for barracks, to
remain available until September 30, 2028:
‘‘Military Construction, Army’’, $15,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$15,000,000; and
‘‘Military Construction, Air Force’’, $15,000,000:
Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the military department concerned,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 133. For an additional amount for ‘‘Military Construction,
Air Force’’, $16,000,000, to remain available until September 30,
2028, for cost increases identified subsequent to the fiscal year
2024 budget request for authorized major construction projects:
Provided, That not later than 60 days after enactment of this
Act, the Secretary of the Air Force, or their designee, shall submit
to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
SEC. 134. For an additional amount for the accounts and in
the amounts specified for unspecified minor construction for demolition, to remain available until September 30, 2028:
‘‘Military Construction, Army’’, $15,000,000;
‘‘Military Construction, Navy and Marine Corps’’,
$15,000,000; and
‘‘Military Construction, Air Force’’, $15,000,000:
Provided, That not later than 60 days after the date of enactment
of this Act, the Secretary of the military department concerned,
or their designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided
under this section: Provided further, That the Secretary of the
military department concerned may not obligate or expend any
funds prior to approval by the Committees on Appropriations of
both Houses of Congress of the expenditure plan required by this
section.
(INCLUDING TRANSFER OF FUNDS)
SEC. 135. Of the proceeds credited to the Department of Defense
Family Housing Improvement Fund pursuant to subsection (c)(1)(D)
of section 2883 of title 10, United States Code, pursuant to a
Department of Navy investment, the Secretary of Defense shall
transfer $19,000,000 to the Secretary of the Navy under paragraph
(3) of subsection (d) of such section for use by the Secretary of
the Navy as provided in paragraph (1) of such subsection until
expended.
SEC. 136. For an additional amount for ‘‘Military Construction,
Defense-Wide’’, $37,100,000, to remain available until September
30, 2028: Provided, That such funds may only be obligated to
carry out construction projects specified in a National Defense
Authorization Act for fiscal year 2024 in the funding table in
section 4601 of that Act: Provided further, That not later than
30 days after enactment of this Act, the Secretary of Defense,
or their designee, shall submit to the Committees on Appropriations
H. R. 4366—14
of both Houses of Congress an expenditure plan for funds provided
under this section.
SEC. 137. For an additional amount for ‘‘Military Construction,
Air National Guard’’, $83,000,000, to remain available until September 30, 2028, for planning and design and authorized major
construction projects at future foreign military training sites: Provided, That not later than 60 days after enactment of this Act,
the Secretary of the Air Force, or their designee, shall submit
to the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
SEC. 138. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
H. R. 4366—15
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $15,072,388,000, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2023, to remain available until expended; and, in addition, $182,310,515,000, which shall
become available on October 1, 2024, to remain available until
expended: Provided, That not to exceed $22,109,000 of the amount
made available for fiscal year 2025 under this heading shall be
reimbursed to ‘‘General Operating Expenses, Veterans Benefits
Administration’’, and ‘‘Information Technology Systems’’ for necessary expenses in implementing the provisions of chapters 51,
53, and 55 of title 38, United States Code, the funding source
for which is specifically provided as the ‘‘Compensation and Pensions’’ appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed
to ‘‘Medical Care Collections Fund’’ to augment the funding of
individual medical facilities for nursing home care provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United
States Code, $374,852,000, which shall be in addition to funds
previously appropriated under this heading that became available
on October 1, 2023, to remain available until expended; and, in
addition, $13,399,805,000, which shall become available on October
1, 2024, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which
the Secretary is authorized to provide under subsection (a) of section
3104 of title 38, United States Code, other than under paragraphs
(1), (2), (5), and (11) of that subsection, shall be charged to this
account.
H. R. 4366—16
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
19 and 21 of title 38, United States Code, $12,701,000, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2023, to remain available until expended; and, in addition, $135,119,422, which shall
become available on October 1, 2024, to remain available until
expended.
VETERANS HOUSING BENEFIT PROGRAM FUND
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That, during fiscal year
2024, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $316,742,419.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $78,337, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $2,026,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $460,698, which may be paid to the
appropriation for ‘‘General Operating Expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $2,718,546.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$3,899,000,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
H. R. 4366—17
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until
September 30, 2025.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare
employees hired under title 38, United States Code, assistance
and support services for caregivers as authorized by section 1720G
of title 38, United States Code, loan repayments authorized by
section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174; 38 U.S.C.
7681 note), monthly assistance allowances authorized by section
322(d) of title 38, United States Code, grants authorized by section
521A of title 38, United States Code, and administrative expenses
necessary to carry out sections 322(d) and 521A of title 38, United
States Code, and hospital care and medical services authorized
by section 1787 of title 38, United States Code; $71,000,000,000,
plus reimbursements, which shall become available on October 1,
2024, and shall remain available until September 30, 2025: Provided, That, of the amount made available on October 1, 2024,
under this heading, $2,000,000,000 shall remain available until
September 30, 2026: Provided further, That of the $74,004,000,000
that became available on October 1, 2023, previously appropriated
under this heading in division J of the Consolidated Appropriations
Act, 2023 (Public Law 117–328), $3,034,205,000 is hereby rescinded:
Provided further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have serviceconnected disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding any
other provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans Health
Administration facilities to enrolled veterans with privately written
prescriptions based on requirements established by the Secretary:
Provided further, That the implementation of the program described
in the previous proviso shall incur no additional cost to the Department of Veterans Affairs: Provided further, That the Secretary
of Veterans Affairs shall ensure that sufficient amounts appropriated under this heading for medical supplies and equipment
are available for the acquisition of prosthetics designed specifically
H. R. 4366—18
for female veterans: Provided further, That nothing in section
2044(e) of title 38, United States Code, may be construed as limiting
amounts that may be made available under this heading for fiscal
years 2024 and 2025 in this or prior Acts.
MEDICAL COMMUNITY CARE
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at nonDepartment facilities, $20,382,000,000, plus reimbursements, which
shall become available on October 1, 2024, and shall remain available until September 30, 2025: Provided, That, of the amount made
available on October 1, 2024, under this heading, $2,000,000,000
shall remain available until September 30, 2026: Provided further,
That of the $33,000,000,000 that became available on October 1,
2023, previously appropriated under this heading in division J
of the Consolidated Appropriations Act, 2023 (Public Law 117–
328), $2,657,977,000 is hereby rescinded.
MEDICAL SUPPORT AND COMPLIANCE
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $11,800,000,000, plus reimbursements,
which shall become available on October 1, 2024, and shall remain
available until September 30, 2025: Provided, That, of the amount
made available on October 1, 2024, under this heading,
$350,000,000 shall remain available until September 30, 2026: Provided further, That of the $12,300,000,000 that became available
on October 1, 2023, previously appropriated under this heading
in division J of the Consolidated Appropriations Act, 2023 (Public
Law 117–328), $1,550,000,000 is hereby rescinded.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation
of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services;
$149,485,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1,
H. R. 4366—19
2023; and, in addition, $9,400,000,000, plus reimbursements, which
shall become available on October 1, 2024, and shall remain available until September 30, 2025: Provided, That, of the amount made
available on October 1, 2024, under this heading, $500,000,000
shall remain available until September 30, 2026.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $943,000,000, plus reimbursements, shall remain available until September 30, 2025: Provided,
That the Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $480,000,000, of which
not to exceed 10 percent shall remain available until September
30, 2025.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $475,000,000,
of which not to exceed 10 percent shall remain available until
September 30, 2025: Provided, That funds provided under this
heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’.
BOARD OF VETERANS APPEALS
For necessary operating expenses of the Board of Veterans
Appeals, $287,000,000, of which not to exceed 10 percent shall
remain available until September 30, 2025.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information technology systems and
telecommunications support, including developmental information
H. R. 4366—20
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$6,401,000,000,
plus
reimbursements:
Provided,
That
$1,606,977,000 shall be for pay and associated costs, of which not
to exceed 3 percent shall remain available until September 30,
2025: Provided further, That $4,668,373,000 shall be for operations
and maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2025, and of which $75,288,000 shall
remain available until September 30, 2028, for the purpose of
facility activations related to projects funded by the ‘‘Construction,
Major Projects’’, ‘‘Construction, Minor Projects’’, ‘‘Medical Facilities’’,
‘‘National Cemetery Administration’’, ‘‘General Operating Expenses,
Veterans Benefits Administration’’, and ‘‘General Administration’’
accounts: Provided further, That $125,650,000 shall be for information technology systems development, and shall remain available
until September 30, 2025: Provided further, That amounts made
available for salaries and expenses, operations and maintenance,
and information technology systems development may be transferred among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued: Provided further, That amounts made available
for the ‘‘Information Technology Systems’’ account for development
may be transferred among projects or to newly defined projects:
Provided further, That no project may be increased or decreased
by more than $3,000,000 of cost prior to submitting a request
to the Committees on Appropriations of both Houses of Congress
to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further, That
the funds made available under this heading for information technology systems development shall be for the projects, and in the
amounts, specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
VETERANS ELECTRONIC HEALTH RECORD
For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs
associated with operations authorized by section 3109 of title 5,
United States Code, and salaries and expenses of employees hired
under titles 5 and 38, United States Code, $1,334,142,000, to remain
available until September 30, 2026: Provided, That the Secretary
of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility,
including any changes from the deployment plan or schedule: Provided further, That the funds provided in this account shall only
be available to the Office of the Deputy Secretary, to be administered by that Office: Provided further, That 25 percent of the funds
made available under this heading shall not be available until
July 1, 2024, and are contingent upon the Secretary of Veterans
Affairs—
H. R. 4366—21
(1) providing the Committees on Appropriations of both
Houses of Congress a report, no later than 60 days after enactment of this Act on the status of issues that caused the delayed
deployment of the new electronic health record to additional
sites that was announced on April 21, 2023;
(2) providing the Committees on Appropriations of both
Houses of Congress a report on the reset process as of June
1, 2024, including an outline of the measurable operational
metrics that will be used to determine when it is appropriate
to re-start deployments, progress on achieving those metrics,
progress toward clinical and product standardization, and the
current performance at all Department of Veterans Affairs
facilities using the new electronic health record on or before
September 2023 compared to pre-deployment baselines for
metrics impacted by the deployment of the new electronic health
record; and
(3) certifying in writing no later than 30 days prior to
July 1, 2024, whether the system is stable, ready, and optimized
for further deployment at VA sites, and if not, an estimate
of the timeline required to begin further deployments.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $296,000,000,
of which not to exceed 10 percent shall remain available until
September 30, 2025.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $961,218,560, of which $453,314,560
shall remain available until September 30, 2028, and of which
$507,904,000 shall remain available until expended, of which
$110,000,000 shall be available for seismic improvement projects
and seismic program management activities, including for projects
that would otherwise be funded by the Construction, Minor Projects,
Medical Facilities or National Cemetery Administration accounts:
Provided, That except for advance planning activities, including
needs assessments which may or may not lead to capital investments, and other capital asset management related activities,
including portfolio development and management activities, and
planning, cost estimating, and design for major medical facility
projects and major medical facility leases and investment strategy
studies funded through the advance planning fund and the planning
H. R. 4366—22
and design activities funded through the design fund, staffing
expenses, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration
and the Veterans Health Administration through the land acquisition line item, none of the funds made available under this heading
shall be used for any project that has not been notified to Congress
through the budgetary process or that has not been approved by
the Congress through statute, joint resolution, or in the explanatory
statement accompanying such Act and presented to the President
at the time of enrollment: Provided further, That funds provided
for the Veterans Health Administration through the land acquisition
line item shall be only for projects included on the five year development plan notified to Congress through the budgetary process:
Provided further, That such sums as may be necessary shall be
available to reimburse the ‘‘General Administration’’ account for
payment of salaries and expenses of all Office of Construction
and Facilities Management employees to support the full range
of capital infrastructure services provided, including minor construction and leasing services: Provided further, That funds made available under this heading for fiscal year 2024, for each approved
project shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2024; and (2) by the awarding
of a construction contract by September 30, 2025: Provided further,
That the Secretary of Veterans Affairs shall promptly submit to
the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That notwithstanding the requirements
of section 8104(a) of title 38, United States Code, amounts made
available under this heading for seismic improvement projects and
seismic program management activities shall be available for the
completion of both new and existing seismic projects of the Department.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, $692,000,000, of which $612,000,000 shall
remain available until September 30, 2028, and of which
$80,000,000 shall remain available until expended, along with
unobligated balances of previous ‘‘Construction, Minor Projects’’
appropriations which are hereby made available for any project
where the estimated cost is equal to or less than the amount
set forth in such section: Provided, That funds made available
under this heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the Department
H. R. 4366—23
which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $171,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $60,000,000, to
remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. Any appropriation for fiscal year 2024 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING TRANSFER OF FUNDS)
SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2024, in this or any other Act, under
the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’ accounts may be
transferred among the accounts: Provided, That any transfers
among the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and
‘‘Medical Support and Compliance’’ accounts of 1 percent or less
of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary
of Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ‘‘Medical Services’’,
‘‘Medical Community Care’’, and ‘‘Medical Support and Compliance’’
accounts in excess of 1 percent, or exceeding the cumulative 1
percent for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
‘‘Medical Facilities’’ account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
H. R. 4366—24
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor
Projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical Services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.
SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2023.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and Pensions’’.
(INCLUDING TRANSFER OF FUNDS)
SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2024, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General Operating
Expenses, Veterans Benefits Administration’’ and ‘‘Information
Technology Systems’’ accounts for the cost of administration of
the insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2024
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year
2024 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
H. R. 4366—25
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services
shall be available until expended.
(INCLUDING TRANSFER OF FUNDS)
SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management, Diversity and
Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within
the Office of Human Resources and Administration for all services
provided at rates which will recover actual costs but not to exceed
$145,408,000 for the Office of Resolution Management, Diversity
and Inclusion, $6,960,000 for the Office of Employment Discrimination Complaint Adjudication, and $7,772,000 for the Alternative
Dispute Resolution function within the Office of Human Resources
and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to the
‘‘General Administration’’ and ‘‘Information Technology Systems’’
accounts for use by the office that provided the service: Provided
further, That the amounts made available for the Office of Resolution Management, Diversity and Inclusion under this section may
be used for implementation of section 402 of division U of the
Consolidated Appropriations Act, 2023 (Public Law 117–328) and
the amendments made by such section 402.
SEC. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(INCLUDING TRANSFER OF FUNDS)
SEC. 212. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, Major Projects’’
and ‘‘Construction, Minor Projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
as realized are in addition to the amount provided for in ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’.
SEC. 213. Amounts made available under ‘‘Medical Services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
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(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
SEC. 214. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ‘‘Medical Services’’ and
‘‘Medical Community Care’’ accounts to remain available until
expended for the purposes of these accounts.
SEC. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian Tribes and Tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and
dental care, to veterans in rural Alaska. The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the Secretary. The term
‘‘rural Alaska’’ shall mean those lands which are not within the
boundaries of the municipality of Anchorage or the Fairbanks North
Star Borough.
(INCLUDING TRANSFER OF FUNDS)
SEC. 216. Such sums as may be deposited into the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the report
shall include the direction contained in the paragraph entitled
‘‘Quarterly reporting’’, under the heading ‘‘General Administration’’
in the joint explanatory statement accompanying Public Law 114–
223.
(INCLUDING TRANSFER OF FUNDS)
SEC. 218. Amounts made available under the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans
Benefits Administration’’, ‘‘Board of Veterans Appeals’’, ‘‘General
Administration’’, and ‘‘National Cemetery Administration’’ accounts
for fiscal year 2024 may be transferred to or from the ‘‘Information
Technology Systems’’ account: Provided, That such transfers may
not result in a more than 10 percent aggregate increase in the
total amount made available by this Act for the ‘‘Information Technology Systems’’ account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
H. R. 4366—27
(INCLUDING TRANSFER OF FUNDS)
SEC. 219. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2024 for ‘‘Medical Services’’,
‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up to $430,532,000, plus reimbursements,
may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571)
and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress: Provided further,
That section 220 of title II of division J of Public Law 117–328
is repealed.
(INCLUDING TRANSFER OF FUNDS)
SEC. 220. Of the amounts appropriated to the Department
of Veterans Affairs which become available on October 1, 2024,
for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, up to $456,547,000,
plus reimbursements, may be transferred to the Joint Department
of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111–
84; 123 Stat. 2571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
(INCLUDING TRANSFER OF FUNDS)
SEC. 221. Such sums as may be deposited into the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 2571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
H. R. 4366—28
Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 2573), amounts transferred to the Joint Department of
Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended.
(INCLUDING TRANSFER OF FUNDS)
SEC. 222. Of the amounts available in this title for ‘‘Medical
Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and
Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000
shall be transferred to the DOD–VA Health Care Sharing Incentive
Fund, as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
SEC. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and
equipment.
SEC. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation
of such bid savings and shall describe the anticipated use of such
savings.
SEC. 225. None of the funds made available for ‘‘Construction,
Major Projects’’ may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless
the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
SEC. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That,
at a minimum, the report shall include the direction contained
in the section entitled ‘‘Disability claims backlog’’, under the heading
‘‘General Operating Expenses, Veterans Benefits Administration’’
in the joint explanatory statement accompanying Public Law 114–
223: Provided further, That the report shall also include information
on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly
basis.
SEC. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which result
in the transfer of 25 or more full-time equivalents from one
organizational unit of the Department of Veterans Affairs to
another.
H. R. 4366—29
SEC. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$1,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans
Health Administration, may transfer to the ‘‘Medical Services’’
account any discretionary appropriations made available for fiscal
year 2024 in this title (except appropriations made to the ‘‘General
Operating Expenses, Veterans Benefits Administration’’ account)
or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year
2024, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of
the Office of Management and Budget: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority provided by law: Provided further, That
no amounts may be transferred from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such authority
to transfer may not be used unless for higher priority items, based
on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and receive approval
of that request.
(INCLUDING TRANSFER OF FUNDS)
SEC. 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2024, under the ‘‘Board of Veterans
Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits
Administration’’ accounts may be transferred between such
accounts: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
SEC. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such
instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations
of both Houses of Congress.
SEC. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of title
38, United States Code—
(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and
H. R. 4366—30
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action that
prohibits the Secretary of Veterans Affairs from appointing an
individual to occupy a vacant civil service position, or establishing
a new civil service position, at the Department of Veterans Affairs
with respect to such a position relating to the hotline specified
in subsection (a).
(2) In this subsection—
(A) the term ‘‘civil service’’ has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ‘‘Executive action’’ includes—
(i) any Executive order, Presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study
on the effectiveness of the hotline specified in subsection (a) during
the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall—
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide.
SEC. 233. Effective during the period beginning on October
1, 2018, and ending on January 1, 2025, none of the funds made
available to the Secretary of Veterans Affairs by this or any other
Act may be obligated or expended in contravention of the ‘‘Veterans
Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast
Cancer Guidance’’ published on May 10, 2017, as issued by the
Veterans Health Administration National Center for Health Promotion and Disease Prevention.
SEC. 234. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ‘‘Medical Services’’ account may
be used to provide—
(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ‘‘service-connected’’ has the meaning given
such term in section 101 of title 38, United States Code.
(2) The term ‘‘covered veteran’’ means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of fertility
treatment.
(3) The term ‘‘assisted reproductive technology’’ means
benefits relating to reproductive assistance provided to a
H. R. 4366—31
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of title
10, United States Code, as described in the memorandum on
the subject of ‘‘Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such
a member except that—
(A) the time periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H)
of such memorandum shall not apply; and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ‘‘adoption reimbursement’’ means reimbursement for the adoption-related expenses for an adoption that
is finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds
contained in section 508 of division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141).
SEC. 235. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with:
(1) section 842 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115;
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
SEC. 236. Section 842 of Public Law 109–115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
Tribes as defined in section 5304(e) of title 25, United States Code,
or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
SEC. 237. (a) The Secretary of Veterans Affairs, in consultation
with the Secretary of Defense and the Secretary of Labor, shall
discontinue collecting and using Social Security account numbers
to authenticate individuals in all information systems of the Department of Veterans Affairs for all individuals not later than September 30, 2024.
(b) The Secretary of Veterans Affairs may collect and use a
Social Security account number to identify an individual, in accordance with section 552a of title 5, United States Code, in an information system of the Department of Veterans Affairs if and only
if the use of such number is necessary to:
(1) obtain or provide information the Secretary requires
from an information system that is not under the jurisdiction
of the Secretary;
H. R. 4366—32
(2) comply with a law, regulation, or court order;
(3) perform anti-fraud activities; or
(4) identify a specific individual where no adequate substitute is available.
(c) The matter in subsections (a) and (b) shall supersede section
237 of division J of Public Law 117–328.
SEC. 238. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2024 and 2025 for ‘‘Medical Services’’,
section 239 of division A of Public Law 114–223 shall apply.
SEC. 239. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department
of Veterans Affairs may be used to transfer any amounts from
the Filipino Veterans Equity Compensation Fund to any other
account within the Department of Veterans Affairs.
SEC. 240. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2024 and fiscal year 2025 for ‘‘Medical
Services’’, funds may be used in each year to carry out and expand
the child care program authorized by section 205 of Public Law
111–163, notwithstanding subsection (e) of such section.
SEC. 241. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute
or claim with an individual that would restrict in any way the
individual from speaking to members of Congress or their staff
on any topic not otherwise prohibited from disclosure by Federal
law or required by Executive order to be kept secret in the interest
of national defense or the conduct of foreign affairs.
SEC. 242. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2024 and 2025, section 258 of division
A of Public Law 114–223 shall apply.
SEC. 243. (a) None of the funds appropriated or otherwise
made available by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to such Inspector General
and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within
5 calendar days of any failure by any department or agency covered
by this section to comply with this requirement.
SEC. 244. None of the funds made available in this Act may
be used in a manner that would increase wait times for veterans
who seek care at medical facilities of the Department of Veterans
Affairs.
H. R. 4366—33
SEC. 245. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may
be used in fiscal year 2024 to convert any program which received
specific purpose funds in fiscal year 2023 to a general purpose
funded program unless the Secretary of Veterans Affairs submits
written notification of any such proposal to the Committees on
Appropriations of both Houses of Congress at least 30 days prior
to any such action and an approval is issued by the Committees.
SEC. 246. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2024 and 2025, section 248 of division
A of Public Law 114–223 shall apply.
SEC. 247. (a) None of the funds appropriated or otherwise
made available by this Act may be used to conduct research commencing on or after the date of enactment of this Act, that uses
any canine, feline, or non-human primate unless the Secretary
of Veterans Affairs approves such research specifically and in
writing pursuant to subsection (b).
(b)(1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after the date of enactment
of this Act, using canines, felines, or non-human primates if the
Secretary certifies that—
(A) the scientific objectives of the research can only be
met by using such canines, felines, or non-human primates
and cannot be met using other animal models, in vitro models,
computational models, human clinical studies, or other research
alternatives;
(B) such scientific objectives are necessary to advance
research benefiting veterans and are directly related to an
illness or injury that is combat-related as defined by 10 U.S.C.
1413(e);
(C) the research is consistent with the revised Department
of Veterans Affairs canine research policy document dated
December 15, 2017, including any subsequent revisions to such
document; and
(D) ethical considerations regarding minimizing the harm
experienced by canines, felines, or non-human primates are
included in evaluating the scientific necessity of the research.
(2) The Secretary may not delegate the authority under this
subsection.
(c) If the Secretary approves any new research pursuant to
subsection (b), not later than 30 days before the commencement
of such research, the Secretary shall submit to the Committees
on Appropriations of the Senate and House of Representatives
a report describing—
(1) the nature of the research to be conducted using canines,
felines, or non-human primates;
(2) the date on which the Secretary approved the research;
(3) the USDA pain category on the approved use;
(4) the justification for the determination of the Secretary
that the scientific objectives of such research could only be
met using canines, felines, or non-human primates, and
methods used to make such determination;
(5) the frequency and duration of such research; and
(6) the protocols in place to ensure the necessity, safety,
and efficacy of the research, and animal welfare.
H. R. 4366—34
(d) Not later than 180 days after the date of the enactment
of this Act, and biannually thereafter, the Secretary shall submit
to such Committees a report describing—
(1) any research being conducted by the Department of
Veterans Affairs using canines, felines, or non-human primates
as of the date of the submittal of the report;
(2) the circumstances under which such research was conducted using canines, felines, or non-human primates;
(3) the justification for using canines, felines, or non-human
primates to conduct such research;
(4) the protocols in place to ensure the necessity, safety,
and efficacy of such research; and
(5) the development and adoption of alternatives to canines,
felines, or non-human primate research.
(e) Not later than 180 days after the date of the enactment
of this Act, and annually thereafter, the Department of Veterans
Affairs must submit to voluntary U.S. Department of Agriculture
inspections of canine, feline, and non-human primate research facilities.
(f) Not later than 180 days after the date of the enactment
of this Act, and annually thereafter, the Secretary shall submit
to such Committees a report describing —
(1) any violations of the Animal Welfare Act, the Public
Health Service Policy on Humane Care and Use of Laboratory
Animals, or other Department of Veterans Affairs policies
related to oversight of animal research found during that
quarter in VA research facilities;
(2) immediate corrective actions taken; and
(3) specific actions taken to prevent their recurrence.
(g) The Department shall implement a plan under which the
Secretary will eliminate the research conducted using canines,
felines, or non-human primates by not later than 2 years after
the date of enactment of this Act.
SEC. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter
31 of title 38, United States Code, does not exceed 125 veterans
to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including—
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each
such program.
SEC. 249. Amounts made available for the ‘‘Veterans Health
Administration, Medical Community Care’’ account in this or any
other Act for fiscal years 2024 and 2025 may be used for expenses
that would otherwise be payable from the Veterans Choice Fund
established by section 802 of the Veterans Access, Choice, and
Accountability Act, as amended (38 U.S.C. 1701 note).
SEC. 250. Obligations and expenditures applicable to the ‘‘Medical Services’’ account in fiscal years 2017 through 2019 for aid
to state homes (as authorized by section 1741 of title 38, United
H. R. 4366—35
States Code) shall remain in the ‘‘Medical Community Care’’ account
for such fiscal years.
SEC. 251. Of the amounts made available for the Department
of Veterans Affairs for fiscal year 2024, in this or any other Act,
under the ‘‘Veterans Health Administration—Medical Services’’,
‘‘Veterans Health Administration—Medical Community Care’’, ‘‘Veterans Health Administration—Medical Support and Compliance’’,
and ‘‘Veterans Health Administration—Medical Facilities’’ accounts,
$990,446,000 shall be made available for gender-specific care and
programmatic efforts to deliver care for women veterans.
SEC. 252. Of the unobligated balances available in fiscal year
2024 in the ‘‘Recurring Expenses Transformational Fund’’ established in section 243 of division J of Public Law 114–113, and
in addition to any funds otherwise made available for such purposes
in this, prior, or subsequent fiscal years, $646,000,000 shall be
available for constructing, altering, extending, and improving medical facilities of the Veterans Health Administration, including all
supporting activities and required contingencies, during the period
of availability of the Fund: Provided, That prior to obligation of
any of the funds provided in this section, the Secretary of Veterans
Affairs must provide a plan for the execution of the funds appropriated in this section to the Committees on Appropriations of
both Houses of Congress and such Committees issue an approval,
or absent a response, a period of 30 days has elapsed.
SEC. 253. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report on the status of section 8006 of the American Rescue
Plan of 2021 (Public Law 117–2): Provided, That, at a minimum,
the report shall include an update on obligations by program, project
or activity and a plan for expending the remaining funds.
SEC. 254. Not later than 30 days after enactment of this Act,
the Secretary shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds made
available through the Fiscal Responsibility Act of 2023 (Public
Law 118–5) for the Cost of War Toxic Exposures Fund for fiscal
year 2024: Provided, That the budget resource categories supporting
the Veterans Health Administration shall be reported by the subcategories ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical
Support and Compliance’’, and ‘‘Medical and Prosthetic Research’’:
Provided further, That not later than 30 days after the end of
each fiscal quarter, the Secretary shall submit a quarterly report
on the status of the funds, including, at a minimum, an update
on obligations by program, project or activity.
SEC. 255. Any amounts transferred to the Secretary and
administered by a corporation referred to in section 7364(b) of
title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with
the Department of Veterans Affairs pursuant to section 1535 of
title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to
remain available for the liquidation of valid obligations incurred
by such corporation during the period of performance of such order,
provided that the Secretary of Veterans Affairs determines that
such amounts need to remain available for such liquidation.
H. R. 4366—36
(RESCISSION OF FUNDS)
SEC. 256. Of the unobligated balances from amounts made
available under the heading ‘‘Departmental Administration—Veterans Electronic Health Record’’ in division J of the Consolidated
Appropriations Act, 2023 (Public Law 117–328), $460,005,000 is
hereby rescinded.
SEC. 257. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to
diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services
until the Secretary provides to the Committees on Appropriations
of both Houses of Congress a report including an analysis of how
any such planned realignment of services will impact access to
care for veterans living in rural or highly rural areas, including
travel distances and transportation costs to access a Department
medical facility and availability of local specialty and primary care.
SEC. 258. Unobligated balances available under the headings
‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’
may be obligated by the Secretary of Veterans Affairs for a facility
pursuant to section 2(e)(1) of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of
2016 (Public Law 114–294; 38 U.S.C. 8103 note), as amended,
to provide additional funds or to fund an escalation clause under
such section of such Act: Provided, That before such unobligated
balances are obligated pursuant to this section, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to obligate such
unobligated balances and such Committees issue an approval, or
absent a response, a period of 30 days has elapsed: Provided further,
That the request to obligate such unobligated balances must provide
Congress notice that the entity described in section 2(a)(2) of Public
Law 114–294, as amended, has exhausted available cost containment approaches as set forth in the agreement under section 2(c)
of such Public Law.
(RESCISSIONS OF FUNDS)
SEC. 259. Of the unobligated balances from amounts made
available under the heading ‘‘Veterans Health Administration’’ from
prior appropriations Acts, including any funds transferred from
the Medical Care Collections Fund to accounts under such heading,
$1,951,750,000 is hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were provided under the
heading ‘‘Medical and Prosthetic Research’’ or amounts that were
designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That
the Secretary of Veterans Affairs shall submit to the Committees
on Appropriations of both Houses of Congress a plan for rescinding
amounts required by this section no later than 30 days after enactment of this Act.
H. R. 4366—37
(RESCISSIONS OF FUNDS)
SEC. 260. Of the unobligated balances from amounts made
available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the
following accounts in the amounts specified:
‘‘General Operating Expenses, Veterans Benefits Administration’’, $30,000,000;
‘‘General Administration’’, $5,000,000;
‘‘Board of Veterans Appeals’’, $15,000,000;
‘‘Information Technology Systems’’, $15,000,000; and
‘‘Construction, Major Projects’’, $80,218,560:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
SEC. 261. Amounts provided to the Department of Veterans
Affairs under the heading ‘‘Departmental Administration—
Construction, Major Projects’’ in title II of division F of the Further
Consolidated Appropriations Act, 2020 (Public Law 116–94) that
were transferred to the U.S. Army Corps of Engineers (Corps)
pursuant to an interagency agreement for the major construction
project in Alameda, CA, and that remain unobligated at the Corps,
shall be immediately transferred back to the Department of Veterans Affairs and permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded
shall be appropriated, to remain available until September 30,
2028, for the same purposes and under the same authorities for
which such amounts were originally provided under such heading
in such Act, in addition to amounts otherwise available for such
purposes.
H. R. 4366—38
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $158,630,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
UNITED STATES COURT
OF
APPEALS
FOR
VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $47,200,000:
Provided, That $3,000,000 shall be available for the purpose of
providing financial assistance as described and in accordance with
the process and reporting procedures set forth under this heading
in Public Law 102–229.
DEPARTMENT
OF
DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease
of passenger motor vehicles for replacement on a one-for-one basis
only, and not to exceed $2,000 for official reception and representation expenses, $99,880,000, of which not to exceed $15,000,000
shall remain available until September 30, 2026. In addition, such
sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the ‘‘Lease of Department of
Defense Real Property for Defense Agencies’’ account.
H. R. 4366—39
CONSTRUCTION
For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers’ and Airmen’s
Home National Cemetery, $88,600,000, to remain available until
expended, for planning and design and construction associated with
the Southern Expansion project at Arlington National Cemetery.
ARMED FORCES RETIREMENT HOME
TRUST FUND
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $77,000,000, to
remain available until September 30, 2025, of which $8,940,000
shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the Armed
Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
ADMINISTRATIVE PROVISION
SEC. 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available
until expended to support activities at the Army National Military
Cemeteries.
H. R. 4366—40
TITLE IV
GENERAL PROVISIONS
SEC. 401. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices
and public service activities.
SEC. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
SEC. 405. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 406. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
SEC. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 408. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for first-
H. R. 4366—41
class travel by an employee of the agency in contravention of
sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
SEC. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
SEC. 411. None of the funds made available by this Act may
be used in contravention of section 101(e)(8) of title 10, United
States Code.
SEC. 412. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta´namo
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,
Guanta´namo 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,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
SEC. 413. None of the funds made available by this Act may
be used by the Secretary of Veterans Affairs under section 5502
of title 38, United States Code, in any case arising out of the
administration by the Secretary of laws and benefits under such
title, to report a person who is deemed mentally incapacitated,
mentally incompetent, or to be experiencing an extended loss of
consciousness as a person who has been adjudicated as a mental
defective under subsection (d)(4) or (g)(4) of section 922 of title
18, United States Code, without the order or finding of a judge,
magistrate, or other judicial authority of competent jurisdiction
that such person is a danger to himself or herself or others.
This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024’’.
H. R. 4366—42
DIVISION B—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH,
OFFICE
OF THE
AND
MARKETING
SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary,
$58,292,000 of which not to exceed $7,000,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,896,000
shall be available for the Office of Homeland Security; not to exceed
$5,190,000 shall be available for the Office of Tribal Relations,
of which $1,000,000 shall be to continue a Tribal Public Health
Resource Center at a land grant university with existing indigenous
public health expertise to expand current partnerships and collaborative efforts with indigenous groups, including but not limited
to, tribal organizations and institutions such as tribal colleges,
tribal technical colleges, tribal community colleges and tribal universities, to improve the delivery of culturally appropriate public health
services and functions in American Indian communities focusing
on indigenous food sovereignty; not to exceed $7,500,000 shall be
available for the Office of Partnerships and Public Engagement,
of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$25,206,000 shall be available for the Office of the Assistant Secretary for Administration, of which $23,500,000 shall be available
for Departmental Administration to provide for necessary expenses
for management support services to offices of the Department and
for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided
for and necessary for the practical and efficient work of the Department: Provided, That funds made available by this Act to an agency
in the Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office; not to exceed $4,500,000 shall be available for the Office
of Assistant Secretary for Congressional Relations and Intergovernmental Affairs to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,000,000 shall
be available for the Office of Communications: Provided further,
That the Secretary of Agriculture is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided for,
as determined by the Secretary: Provided further, That the amount
made available under this heading for Departmental Administration
shall be reimbursed from applicable appropriations in this Act
for travel expenses incident to the holding of hearings as required
H. R. 4366—43
by 5 U.S.C. 551–558: Provided further, That funds made available
under this heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available under this heading for the
Office of Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this Act,
unless the Secretary has notified the Committees on Appropriations
of both Houses of Congress on the allocation of these funds by
USDA agency: Provided further, That during any 30 day notification
period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action
that is subject to section 716 of this Act or make any public
announcement of such action in any form.
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$30,500,000, of which $10,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155: Provided, That
of the amounts made available under this heading, $2,000,000
shall be for an interdisciplinary center based at a land grant university focused on agricultural policy relevant to the Midwest region
which will provide private entities, policymakers, and the public
with timely insights and targeted economic solutions: Provided further, That of the amounts made available under this heading,
$500,000 shall be available to carry out section 224 of subtitle
A of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6924), as amended by section 12504 of Public Law 115–
334.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$16,703,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $14,967,000.
OFFICE
OF THE
CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $91,000,000, of which not less than $77,428,000 is for
cybersecurity requirements of the department.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $6,867,000.
OFFICE
OF THE
ASSISTANT SECRETARY
FOR
CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $1,466,000: Provided, That funds made available
H. R. 4366—44
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
OFFICE
For necessary
$37,000,000.
OF
expenses
CIVIL RIGHTS
of
the
AGRICULTURE BUILDINGS
Office
AND
of
Civil
Rights,
FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $22,603,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $3,000,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
OFFICE
OF
SAFETY, SECURITY,
AND
PROTECTION
For necessary expenses of the Office of Safety, Security, and
Protection, $20,800,000.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $111,561,000, including
such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
H. R. 4366—45
OFFICE
OF THE
GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$60,537,000.
OFFICE
OF
ETHICS
For necessary expenses of the Office of Ethics, $4,500,000.
OFFICE
OF THE
UNDER SECRETARY FOR RESEARCH, EDUCATION,
ECONOMICS
AND
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $1,884,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office: Provided further, That of the amounts made available
under this heading, $500,000 shall be made available for the Office
of the Chief Scientist.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$90,612,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $187,513,000, of which up to $46,850,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100,000 and with prior notification
and approval of the Committees on Appropriations of both Houses
of Congress, and for land exchanges where the lands exchanged
shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the
total value of the land or interests transferred out of Federal
ownership, $1,788,063,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for replacement
only: Provided further, That appropriations hereunder shall be
available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but unless otherwise
provided, the cost of constructing any one building shall not exceed
$500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be constructed
or improved at a cost not to exceed $1,100,000 each, and except
for four buildings to be constructed at a cost not to exceed
$5,000,000 each, and the cost of altering any one building during
H. R. 4366—46
the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available
for entering into lease agreements at any Agricultural Research
Service location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$57,164,000, to remain available until expended, for the purposes,
and in the amounts, specified for this account in the table titled
‘‘Community Project Funding/Congressionally Directed Spending’’
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
NATIONAL INSTITUTE
OF
FOOD
AND
AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $1,075,950,000, which shall be for the purposes, and
in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Research and Education Activities’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
H. R. 4366—47
multicultural scholars, graduate fellowship and institution challenge grants, grants management systems, tribal colleges education
equity grants, and scholarships at 1890 institutions shall remain
available until expended: Provided further, That each institution
eligible to receive funds under the Evans-Allen program receives
no less than $1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving institutions
be made available to individual eligible institutions or consortia
of eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
providing grants for food and agricultural sciences for Alaska Native
and Native Hawaiian-Serving institutions and for Insular Areas
shall remain available until September 30, 2025: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
3157 may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $561,700,000 which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for extension
services at 1994 institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided further,
That institutions eligible to receive funds under 7 U.S.C. 3221
for cooperative extension receive no less than $1,000,000: Provided
further, That funds for cooperative extension under sections 3(b)
and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section
208(c) of Public Law 93–471 shall be available for retirement and
employees’ compensation costs for extension agents.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs,
including
necessary
administrative
expenses,
$41,100,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2025:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
H. R. 4366—48
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE
OF THE
UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS
AND
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,617,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ANIMAL
AND
PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,162,026,000, of which up to $14,276,000 shall
be for the purposes, and in the amounts, specified for this account
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act); of which $500,000, to remain available until expended, shall
be for invasive catfish control; of which $250,000, to remain available until expended, shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds (‘‘contingency fund’’) to the extent necessary
to meet emergency conditions; of which $15,500,000, to remain
available until expended, shall be used for the cotton pests program,
including for cost share purposes or for debt retirement for active
eradication zones; of which $40,000,000, to remain available until
expended, shall be for Animal Health Technical Services; of which
$35,500,000, to remain available until expended, shall be for agricultural quarantine and inspection services; of which $3,500,000 shall
be for activities under the authority of the Horse Protection Act
of 1970, as amended (15 U.S.C. 1831); of which $65,000,000, to
remain available until expended, shall be used to support avian
health; of which $4,000,000, to remain available until expended,
shall be for information technology infrastructure; of which
$215,000,000, to remain available until expended, shall be for specialty crop pests, of which $8,500,000, to remain available until
September 30, 2025, shall be for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening; of which, $12,000,000, to remain available until expended, shall be for field crop and rangeland ecosystem
pests; of which $21,000,000, to remain available until expended,
shall be for zoonotic disease management; of which $44,500,000,
to remain available until expended, shall be for emergency
preparedness and response; of which $59,000,000, to remain available until expended, shall be for tree and wood pests; of which
$6,000,000, to remain available until expended, shall be for the
National Veterinary Stockpile; of which up to $1,500,000, to remain
H. R. 4366—49
available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended,
shall be for the wildlife damage management program for aviation
safety: Provided, That of amounts available under this heading
for wildlife services methods development, $1,000,000 shall remain
available until expended: Provided further, That of amounts available under this heading for the screwworm program, $4,990,000
shall remain available until expended; of which $24,527,000, to
remain available until expended, shall be used to carry out the
science program and transition activities for the National Bio and
Agro-defense Facility located in Manhattan, Kansas: Provided further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that
does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be available for the purchase, replacement, operation, and maintenance
of aircraft: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of
the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and
for expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772),
and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with
such transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250) for
the repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
In fiscal year 2024, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing
such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$1,000,000, to remain available until expended.
H. R. 4366—50
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses of the Agricultural Marketing Service,
$222,887,000, of which $6,000,000 shall be available for the purposes of section 12306 of Public Law 113–79, and of which
$1,000,000 shall be available for the purposes of section 779 of
division A of Public Law 117–103: Provided, That of the amounts
made available under this heading, $12,000,000, to remain available
until expended, shall be to carry out section 12513 of Public Law
115–334, of which $11,250,000 shall be for dairy business innovation
initiatives established in Public Law 116–6 and the Secretary shall
take measures to ensure an equal distribution of funds between
these three regional innovation initiatives: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $62,596,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $21,501,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,000,000.
H. R. 4366—51
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE
OF THE
UNDER SECRETARY
FOR
FOOD SAFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $1,117,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
FOOD SAFETY
AND INSPECTION
SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,190,009,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2024 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
H. R. 4366—52
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR FARM PRODUCTION
CONSERVATION
AND
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,527,000: Provided, That
funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
FARM PRODUCTION
AND
CONSERVATION BUSINESS CENTER
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Production and Conservation Business Center, $244,183,000, of which $1,000,000 shall be
for the implementation of section 773 of Public Law 117–328: Provided, That $60,228,000 of amounts appropriated for the current
fiscal year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Service Agency,
$1,209,307,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers
and shall be available until September 30, 2025: Provided, That
the agency shall submit a report by the end of the fourth quarter
of fiscal year 2024 to the Committees on Appropriations of both
Houses of Congress that identifies for each project/investment that
is operational (a) current performance against key indicators of
customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against
a pre-established cost baseline, (d) a detailed breakdown of current
and planned spending on operational enhancements or upgrades,
and (e) an assessment of whether the investment continues to
meet business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is authorized to
use the services, facilities, and authorities (but not the funds)
of the Commodity Credit Corporation to make program payments
for all programs administered by the Agency: Provided further,
That other funds made available to the Agency for authorized
activities may be advanced to and merged with this account: Provided further, That of the amount appropriated under this heading,
$696,594,000 shall be made available to county offices, to remain
available until expended: Provided further, That, notwithstanding
H. R. 4366—53
the preceding proviso, any funds made available to county offices
in the current fiscal year that the Administrator of the Farm
Service Agency deems to exceed or not meet the amount needed
for the county offices may be transferred to or from the Farm
Service Agency for necessary expenses: Provided further, That none
of the funds available to the Farm Service Agency shall be used
to close Farm Service Agency county offices: Provided further, That
none of the funds available to the Farm Service Agency shall
be used to permanently relocate county based employees that would
result in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations of
both Houses of Congress.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $6,500,000: Provided,
That the Secretary of Agriculture may determine that United States
territories and Federally recognized Indian tribes are ‘‘States’’ for
the purposes of Subtitle A of such Act.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $7,000,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under
section 1621 of the Food Conservation, and Energy Act of 2008
(7 U.S.C. 8792), $3,500,000, to remain available until expended.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
H. R. 4366—54
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans; $2,118,491,000 for
unsubsidized guaranteed operating loans and $1,633,000,000 for
direct operating loans; emergency loans, $37,667,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $61,426,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $3,507,000
for emergency loans, to remain available until expended; and
$27,598,000 for direct farm operating loans, $1,483,000 for unsubsidized guaranteed farm operating loans, $19,368,000 for the relending program, $1,577,000 for Indian highly fractionated land
loans, and $258,000 for boll weevil eradication program loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,053,000: Provided, That of this amount, $305,803,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$65,637,000: Provided, That $1,000,000 of the amount appropriated
under this heading in this Act shall be available for compliance
and integrity activities required under section 516(b)(2)(C) of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
H. R. 4366—55
plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $914,899,000,
to remain available until September 30, 2025, of which $19,144,913
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for construction and improvement of
buildings and public improvements at plant materials centers,
except that the cost of alterations and improvements to other
buildings and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are
erected on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further, That
of the total amount available under this heading, $7,000,000 shall
be for necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A
of title II of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6923), as amended by section 12302 of Public
Law 115–334.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$35,000,000, to remain available until expended, of which
$20,350,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of the
watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only
apply for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment measures): Provided further, That of the amounts made available under this
heading, $14,650,000 shall be allocated to multi-benefit irrigation
modernization projects and activities that increase fish or wildlife
habitat, reduce drought impact, improve water quality or instream
flow, or provide off-channel renewable energy production.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $1,000,000 is provided.
H. R. 4366—56
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business: Provided
further, That the Secretary shall notify the Committees on Appropriations of the House and Senate in writing 15 days prior to
the obligation or commitment of any emergency funds from the
Commodity Credit Corporation: Provided further, That such written
notification shall include a detailed spend plan for the anticipated
uses of such funds and an expected timeline for program execution
if such obligation or commitment exceeds $100,000,000.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).
H. R. 4366—57
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE
OF THE
UNDER SECRETARY
FOR
RURAL DEVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,620,000: Provided, That funds made
available by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements;
$351,087,000: Provided, That of the amount made available under
this heading, up to $1,500,000, to remain available until September
30, 2025, shall be for the Rural Partners Network activities of
the Department of Agriculture, and may be transferred to other
agencies of the Department for such purpose, consistent with the
missions and authorities of such agencies: Provided further, That
of the amount made available under this heading, no less than
$75,000,000, to remain available until expended, shall be used
for information technology expenses: Provided further, That notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support Rural Development programs: Provided further, That
in addition to any other funds appropriated for purposes authorized
by section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)),
any amounts collected under such section, as amended by this
Act, will immediately be credited to this account and will remain
available until expended for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $880,000,000 shall be for section 502 direct loans;
$5,000,000 shall be for a Single Family Housing Relending demonstration
program
for
Native
American
Tribes;
and
$25,000,000,000, which shall remain available until September 30,
2025 shall be for section 502 unsubsidized guaranteed loans;
$25,000,000 for section 504 housing repair loans; $60,000,000 for
section 515 rental housing; $400,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 self-
H. R. 4366—58
help housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $84,480,000
shall be for direct loans; Single Family Housing Relending demonstration program for Native American Tribes, $2,288,000; section
504 housing repair loans, $4,338,000; section 523 self-help housing
land development loans, $637,000; section 524 site development
loans, $477,000; and repair, rehabilitation, and new construction
of section 515 rental housing, $20,988,000, to remain available
until expended: Provided, That to support the loan program level
for section 538 guaranteed loans made available under this heading
the Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area waiver
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section
502 guaranteed loans provided under this heading: Provided further,
That of the amounts available under this paragraph for section
502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant
to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June
1, 2024: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep
such properties in the RHS multifamily housing program for a
period of time as determined by the Secretary, with such incentives
to include, but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income
housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and
allow reimbursement of organizational costs associated with owner’s
oversight of asset referred to as ‘‘Asset Management Fee’’ of up
to $7,500 per property.
In addition, for the cost of direct loans and grants, including
the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $34,000,000, to remain available until
expended, for a demonstration program for the preservation and
revitalization of the sections 514, 515, and 516 multi-family rental
housing properties to restructure existing USDA multi-family
housing loans, as the Secretary deems appropriate, expressly for
the purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial
assistance including advances, payments and incentives (including
the ability of owners to obtain reasonable returns on investment)
required by the Secretary: Provided, That the Secretary shall, as
part of the preservation and revitalization agreement, obtain a
H. R. 4366—59
restrictive use agreement consistent with the terms of the restructuring.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $12,722,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be paid to the appropriation for ‘‘Rural Development, Salaries and
Expenses’’.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,608,000,000, and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That amounts made available under
this heading shall be available for renewal of rental assistance
agreements for a maximum of 1,000 units where the Secretary
determines that a maturing loan for a project cannot reasonably
be restructured with another USDA loan or modification and the
project was operating with rental assistance under section 521
of the Housing Act of 1949: Provided further, That the Secretary
may enter into rental assistance contracts in maturing properties
with existing rental assistance agreements notwithstanding any
provision of section 521 of the Housing Act of 1949, for a term
of at least 10 years but not more than 20 years: Provided further,
That any agreement to enter into a rental assistance contract
under section 521 of the Housing Act of 1949 for a maturing
property shall obligate the owner to continue to maintain the project
as decent, safe, and sanitary housing and to operate the development in accordance with the Housing Act of 1949, except that
rents shall be based on current Fair Market Rents as established
by the Department of Housing and Urban Development pursuant
to 24 CFR 888 Subpart A, 42 U.S.C. 1437f and 3535d, to determine
the maximum initial rent and adjusted annually by the Operating
Cost Adjustment Factor pursuant to 24 CFR 888 Subpart B, unless
the Agency determines that the project’s budget-based needs require
a higher rent, in which case the Agency may approve a budgetbased rent level: Provided further, That rental assistance agreements entered into or renewed during the current fiscal year shall
be funded for a one year period: Provided further, That upon request
by an owner under section 514 or 515 of the Act, the Secretary
may renew the rental assistance agreement for a period of 20
years or until the term of such loan has expired, subject to annual
appropriations: Provided further, That any unexpended balances
remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction, maintenance,
repair, or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the Act:
Provided further, That rental assistance provided under agreements
H. R. 4366—60
entered into prior to fiscal year 2024 for a farm labor multi-family
housing project financed under section 514 or 516 of the Act may
not be recaptured for use in another project until such assistance
has remained unused for a period of twelve consecutive months,
if such project has a waiting list of tenants seeking such assistance
or the project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such recaptured
rental assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under
section 514 or 516 of the Act: Provided further, That except as
provided in the eighth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture
rental assistance provided under agreements entered into prior
to fiscal year 2024 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured funds
for current needs.
RURAL HOUSING VOUCHER ACCOUNT
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $48,000,000, to remain available until
expended: Provided, That the funds made available under this
heading shall be available for rural housing vouchers to any lowincome household (including those not receiving rental assistance)
residing in a property financed with a section 515 loan which
has been prepaid or otherwise paid off after September 30, 2005:
Provided further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided further,
That funds made available for such vouchers shall be subject to
the availability of annual appropriations: Provided further, That
the Secretary shall, to the maximum extent practicable, administer
such vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $35,000,000, to remain available
until expended.
H. R. 4366—61
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $18,000,000, to remain available until expended: Provided,
That $5,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop
the capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas:
Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds
for related activities, in an amount not less than funds provided:
Provided further, That any unobligated balances from prior year
appropriations under this heading for the cost of direct loans, loan
guarantees and grants, including amounts deobligated or cancelled,
may be made available to cover the subsidy costs for direct loans
and or loan guarantees under this heading in this fiscal year:
Provided further, That no amounts may be made available pursuant
to the preceding proviso from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, or that were specified in the
tables titled ‘‘Community Project Funding/Congressionally Directed
Spending’’ in the explanatory statements for division A of Public
Law 117–103 and division A of Public Law 117–328 as described
in section 4 in the matter preceding each such division A: Provided
further, That $8,000,000 of the amount appropriated under this
heading shall be available for community facilities grants to tribal
colleges, as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E–H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to the funds made
available under this heading: Provided further, That in addition
to any other available funds, the Secretary may expend not more
than $1,000,000 total, from the program funds made available
under this heading, for administrative expenses for activities funded
under this heading.
H. R. 4366—62
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $66,615,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $8,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
the Southwest Border Regional Commission (40 U.S.C. 15301 et
seq.), and the Appalachian Regional Commission (40 U.S.C. 14101
et seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That of the amount
appropriated under this heading, not to exceed $100,000 shall be
made available for one or more qualified state technology council
to promote private-sector economic development in the bio-sciences:
Provided further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to
a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development:
Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds
made available under this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $10,000,000.
For the cost of direct loans, $3,035,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $573,000 shall be available through June 30, 2024, for
Federally Recognized Native American Tribes; and of which
$1,147,000 shall be available through June 30, 2024, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be paid to the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
H. R. 4366—63
of promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed
$10,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $24,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $13,000,000, to
remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$1,500,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
For the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008s), $20,000,000.
For the cost of loans and grants, $5,000,000 under the same
terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
RURAL ENERGY FOR AMERICA PROGRAM
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$50,000,000.
HEALTHY FOOD FINANCING INITIATIVE
For the cost of loans and grants that is consistent with section
243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as added by section 4206
of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in
underserved areas, to create and preserve quality jobs, and to
revitalize low-income communities, $500,000, to remain available
until expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974.
H. R. 4366—64
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $860,000,000 for direct loans; and $50,000,000 for
guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural water, waste
water, waste disposal, and solid waste management programs
authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2)
of the Consolidated Farm and Rural Development Act,
$595,972,000, to remain available until expended, of which up to
$117,484,737 shall be for the purposes, and in the amounts, specified for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B)
of such Act: Provided, That not to exceed $5,000,000 of the amount
appropriated under this heading shall be available for the rural
utilities program described in section 306E of such Act: Provided
further, That not to exceed $10,000,000 of the amount appropriated
under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Act: Provided further, That $65,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
authorized by 306C(a)(1) of such Act, and the Department of
Hawaiian Home Lands (of the State of Hawaii): Provided further,
That funding provided for section 306D of the Consolidated Farm
and Rural Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105–83: Provided further,
That not more than 2 percent of the funding provided for section
306D of the Consolidated Farm and Rural Development Act may
be used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $35,000,000 of the
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
H. R. 4366—65
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $21,817,000 of the amount appropriated
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed
$4,000,000 of the amounts made available under this heading shall
be for solid waste management grants: Provided further, That not
to exceed $2,695,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate
for water and waste direct one percent loans for distressed communities: Provided further, That if the Secretary determines that any
portion of the amount made available for one percent loans is
not needed for such loans, the Secretary may use such amounts
for grants authorized by section 306(a)(2) of the Consolidated Farm
and Rural Development Act: Provided further, That if any funds
made available for the direct loan subsidy costs remain unobligated
after July 31, 2024, such unobligated balances may be used for
grant programs funded under this heading: Provided further, That
$8,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of loans and loan guarantees as authorized by sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of 1936 (7 U.S.C. 904, 935, 936, 940c–1, and 940g) shall
be made as follows: guaranteed rural electric loans made pursuant
to section 306 of that Act, $2,167,000,000; cost of money direct
loans made pursuant to sections 4, notwithstanding the one-eighth
of one percent in 4(c)(2), and 317, notwithstanding 317(c), of that
Act, $4,333,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $900,000,000; and for cost-of-money rural
telecommunications loans made pursuant to section 305(d)(2) of
that Act, $550,000,000: Provided, That up to $2,000,000,000 shall
be used for the construction, acquisition, design, engineering or
improvement of fossil-fueled electric generating plants (whether
new or existing) that utilize carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305(d)(2)
of the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)),
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $5,720,000.
H. R. 4366—66
In addition, $3,578,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8107a): Provided, That the energy efficiency
measures supported by the funding in this paragraph shall contribute in a demonstrable way to the reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be paid to the appropriation for ‘‘Rural Development, Salaries
and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $49,574,000,
to remain available until expended, of which up to $9,573,570
shall be for the purposes, and in the amounts, specified for this
account in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That $3,000,000 shall be made available for grants
authorized by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided under
this heading for grants under section 379G of the Consolidated
Farm and Rural Development Act may only be provided to entities
that meet all of the eligibility criteria for a consortium as established by this section.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115–141) under the Rural
Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.),
$100,385,000, to remain available until expended, of which up to
$10,385,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 950bb(a)) for the purposes of carrying out
such pilot program: Provided further, That the cost of direct loans
shall be defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That at least 90 percent of the households
to be served by a project receiving a loan or grant under the
pilot program shall be in a rural area without sufficient access
to broadband: Provided further, That for purposes of such pilot
program, a rural area without sufficient access to broadband shall
be defined as twenty-five megabits per second downstream and
three megabits per second upstream: Provided further, That to
the extent possible, projects receiving funds provided under the
pilot program must build out service to at least one hundred megabits per second downstream, and twenty megabits per second
upstream: Provided further, That an entity to which a loan or
grant is made under the pilot program shall not use the loan
or grant to overbuild or duplicate broadband service in a service
area by any entity that has received a broadband loan from the
Rural Utilities Service unless such service is not provided sufficient
access to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made available
H. R. 4366—67
in this paragraph can be used for administrative costs to carry
out the pilot program and up to three percent of funds made
available in this paragraph may be available for technical assistance
and pre-development planning activities to support the most rural
communities: Provided further, That the Rural Utilities Service
is directed to expedite program delivery methods that would implement this paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall adhere to the notice, reporting and
service area assessment requirements set forth in section 701 of
the Rural Electrification Act (7 U.S.C. 950cc).
In addition, $20,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb–3.
H. R. 4366—68
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES
For necessary expenses of the
for Food, Nutrition, and Consumer
That funds made available by this
Nutrition and Consumer Services
expenses are available to fund up
staff for the Office.
FOOD
AND
AND
Office of the Under Secretary
Services, $1,127,000: Provided,
Act to an agency in the Food,
mission area for salaries and
to one administrative support
NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $33,266,226,000, to remain available
through September 30, 2025, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $18,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $21,005,000 shall be
available to carry out studies and evaluations and shall remain
available until expended: Provided further, That of the total amount
available, $5,000,000 shall remain available until expended to carry
out section 18(g) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(g)): Provided further, That notwithstanding
section 18(g)(3)(C) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount provided to
a farm to school grant recipient in fiscal year 2024 shall not exceed
$500,000: Provided further, That of the total amount available,
$10,000,000 shall be available to provide competitive grants to
State agencies for subgrants to local educational agencies and
schools to purchase the equipment, with a value of greater than
$1,000, needed to serve healthier meals, improve food safety, and
to help support the establishment, maintenance, or expansion of
the school breakfast program: Provided further, That of the total
amount available, $1,000,000 shall remain available until expended
to carry out activities authorized under subsections (a)(2) and (e)(2)
of section 21 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2010 through 2024’’ and inserting ‘‘2010 through 2025’’: Provided
further, That section 9(h)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first
sentence by striking ‘‘For fiscal year 2023’’ and inserting ‘‘For fiscal
year 2024’’: Provided further, That section 9(h)(4) of the Richard
H. R. 4366—69
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ‘‘For fiscal year 2023’’
and inserting ‘‘For fiscal year 2024’’.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $7,030,000,000, to remain available
through September 30, 2025: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
the Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the National
Academies of Science, Engineering and Medicine and adjusted for
inflation: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act: Provided
further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of
such Act: Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $122,382,521,000, of which
$3,000,000,000, to remain available through September 30, 2026,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations:
Provided further, That of the funds made available under this
heading, $3,000,000, to remain available until September 30, 2025,
shall be used to carry out section 4003(b) of Public Law 115–
334 relating to demonstration projects for tribal organizations: Provided further, That of the funds made available under this heading,
$3,000,000 shall be used to carry out section 4208 of Public Law
115–334: Provided further, That this appropriation shall be subject
to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available through September 30, 2025: Provided further, That funds
made available under this heading for section 28(d)(1), section 4(b),
and section 27(a) of the Food and Nutrition Act of 2008 shall
remain available through September 30, 2025: Provided further,
H. R. 4366—70
That none of the funds made available under this heading may
be obligated or expended in contravention of section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183A): Provided further,
That funds made available under this heading may be used to
enter into contracts and employ staff to conduct studies, evaluations,
or to conduct activities related to program integrity provided that
such activities are authorized by the Food and Nutrition Act of
2008.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $480,070,000, to remain available through September
30, 2025: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2024 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2025: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance
program, $177,348,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
Law 107–171, as amended by section 4401 of Public Law 110–
246.
H. R. 4366—71
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR TRADE
AGRICULTURAL AFFAIRS
AND
FOREIGN
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $932,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS
For necessary expenses of the Office of Codex Alimentarius,
$4,922,000, including not to exceed $40,000 for official reception
and representation expenses.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $227,330,000, of which no more than
6 percent shall remain available until September 30, 2025, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.
FOOD FOR PEACE TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,619,107,000, to remain available until
expended.
H. R. 4366—72
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $240,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $24,000,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,063,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, which
shall be paid to the appropriation for ‘‘Foreign Agricultural Service,
Salaries and Expenses’’.
H. R. 4366—73
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT
OF
HEALTH
AND
HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $6,721,782,000: Provided, That of the
amount provided under this heading, $1,422,104,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $362,381,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $613,538,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $31,109,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $33,500,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $25,000,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2024 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2024, including any such fees collected prior to
fiscal year 2024 but credited for fiscal year 2024, shall be subject
H. R. 4366—74
to the fiscal year 2024 limitations: Provided further, That the Secretary may accept payment during fiscal year 2024 of user fees
specified under this heading and authorized for fiscal year 2025,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2025 for which the Secretary accepts
payment in fiscal year 2024 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,185,989,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2)
$2,334,704,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
Affairs, of which no less than $10,000,000 shall be for pilots to
increase unannounced foreign inspections and shall remain available until expended; (3) $570,632,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities
in the Office of Regulatory Affairs; (4) $284,285,000 shall be for
the Center for Veterinary Medicine and for related field activities
in the Office of Regulatory Affairs; (5) $770,697,000 shall be for
the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $77,505,000
shall be for the National Center for Toxicological Research; (7)
$684,324,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory Affairs; (8)
$215,701,000 shall be for Rent and Related activities, of which
$55,061,000 is for White Oak Consolidation, other than the amounts
paid to the General Services Administration for rent; (9)
$230,423,000 shall be for payments to the General Services
Administration for rent; and (10) $367,522,000 shall be for other
activities, including the Office of the Commissioner of Food and
Drugs, the Office of Food Policy and Response, the Office of Operations, the Office of the Chief Scientist, and central services for
these offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation expenses,
not otherwise provided for, as determined by the Commissioner:
Provided further, That any transfer of funds pursuant to, and
for the administration of, section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities and shall
not exceed $2,000,000: Provided further, That of the amounts that
are made available under this heading for ‘‘other activities’’, and
that are not derived from user fees, $1,500,000 shall be transferred
to and merged with the appropriation for ‘‘Department of Health
and Human Services—Office of Inspector General’’ for oversight
of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available
for oversight of the Food and Drug Administration: Provided further,
That funds may be transferred from one specified activity to another
with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
H. R. 4366—75
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise provided, $5,000,000, to remain available until expended.
FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $50,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and elsewhere, $365,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, of which not less than $80,000,000 shall remain available
until September 30, 2026, and of which not less than $4,218,000
H. R. 4366—76
shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered
into prior to the date of enactment of this Act: Provided further,
That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with
the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $94,300,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
H. R. 4366—77
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2024 does not exceed the number of vehicles owned
or leased in fiscal year 2018: Provided, That, prior to purchasing
additional motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public
safety: Provided further, That the Secretary may not increase the
Department of Agriculture’s fleet above the 2018 level unless the
Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
SEC. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund
for the acquisition of property, plant and equipment and for the
improvement, delivery, and implementation of Department financial, and administrative information technology services, and other
support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption
and migration, of primary benefit to the agencies of the Department
of Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of
this Act: Provided further, That none of the funds appropriated
by this Act or made available to the Department’s Working Capital
Fund shall be available for obligation or expenditure to initiate,
plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National
Finance Center Information Technology Services Division personnel
and data center management responsibilities, and control of any
H. R. 4366—78
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer
and the Chief Information Officer shall remain in the National
Finance Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of the
Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance
Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow
the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available for
obligation unless the Secretary submits written notification of the
obligation to the Committees on Appropriations of both Houses
of Congress: Provided further, That the limitations on the obligation
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
SEC. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
H. R. 4366—79
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accompanying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Electrification
Act of 1936, or any not-for-profit utility that is eligible to receive
an insured or direct loan under such Act, shall be eligible for
assistance under section 313B(a) of such Act in the same manner
as a borrower under such Act.
SEC. 709. Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2025, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79) or by a successor to that Act, other than by title I or subtitle A of title
III of such Act, or programs for which indefinite amounts were
provided in that Act, that is authorized or required to be carried
out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and
H. R. 4366—80
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,574,028,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts—$5,000,000; Removal of
Defective Commodities—$1,660,000; Administration of section 32
Commodity Purchases—$37,178,000: Provided, That, of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2024, such unobligated balances
shall carryover into fiscal year 2025 and shall remain available
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
SEC. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2024 appropriations Act.
SEC. 716. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
H. R. 4366—81
a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and
Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
H. R. 4366—82
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress at least
30 days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the Secretary
of Health and Human Services, or the Chairman of the Commodity
Futures Trading Commission receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions
that are a result of information requested for the appropriations
hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures
Trading Commission, or non-Farm Credit Administration employee.
SEC. 719. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 721. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration, the Chairman of the Commodity
Futures Trading Commission, and the Chairman of the Farm Credit
Administration shall submit to the Committees on Appropriations
of both Houses of Congress a detailed spending plan by program,
project, and activity for all the funds made available under this
Act including appropriated user fees, as defined in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
H. R. 4366—83
SEC. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
SEC. 723. For the purposes of determining eligibility or level
of program assistance for Rural Housing Service programs the
Secretary shall not include incarcerated prison populations.
SEC. 724. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
SEC. 725. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation of
Departmental financial management, information technology, and
other support systems necessary for the delivery of financial,
administrative, and information technology services, including cloud
adoption and migration, of primary benefit to the agencies of the
Department of Agriculture.
SEC. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ requirements of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ published by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as defined
in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ‘‘variety’’ as applied in the definition of the term ‘‘staple food’’
as defined in section 271.2 of title 7, Code of Federal Regulations,
to increase the number of items that qualify as acceptable varieties
in each staple food category so that the total number of such
items in each staple food category exceeds the number of such
items in each staple food category included in the final rule as
published on December 15, 2016: Provided, That until the Secretary
promulgates such regulatory amendments, the Secretary shall apply
the requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers that
were in effect on the day before the date of the enactment of
the Agricultural Act of 2014 (Public Law 113–79).
SEC. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
H. R. 4366—84
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
SEC. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation
that would promulgate new user fees pursuant to 31 U.S.C. 9701
after the date of the enactment of this Act.
SEC. 729. Of the unobligated balances from prior year appropriations made available for the Broadband Treasury Rate Loan
program, authorized in section 601 of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb), $7,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 730. Notwithstanding any provision of law that regulates
the calculation and payment of overtime and holiday pay for FSIS
inspectors, the Secretary may charge establishments subject to the
inspection requirements of the Poultry Products Inspection Act,
21 U.S.C. 451 et seq., the Federal Meat Inspection Act, 21 U.S.C.
601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031
et seq., for the cost of inspection services provided outside of an
establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged
pursuant to this paragraph shall be deemed as overtime pay or
holiday pay under section 1001(d) of the American Rescue Plan
Act of 2021 (Public Law 117–2, 135 Stat. 242): Provided further,
That sums received by the Secretary under this paragraph shall,
in addition to other available funds, remain available until expended
to the Secretary without further appropriation for the purpose
of funding all costs associated with FSIS inspections.
SEC. 731. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to paragraph (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 732. Of the unobligated balances from prior year appropriations made available for the rural housing voucher program
authorized by section 542 of the Housing Act of 1949, (42 U.S.C.
1471 et seq.), as amended, $35,000,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
H. R. 4366—85
SEC. 733. Of the unobligated balances from prior year appropriations made available under the heading ‘‘Rural Cooperative
Development Grants’’ for Agriculture Innovation Centers authorized
by section 6402 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b), as amended, $7,000,000 are hereby
rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 734. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
concerning the request, and shall allow for informal public input
on the request for at least 15 days prior to making a finding
based on the request. The Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provisions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
H. R. 4366—86
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each Federally recognized Indian Tribe.
SEC. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings: ‘‘Rural
Housing Service—Rural Housing Insurance Fund Program
Account’’; ‘‘Rural Housing Service—Mutual and Self-Help Housing
Grants’’; ‘‘Rural Housing Service—Rural Housing Assistance
Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Program Account’’; ‘‘Rural Business-Cooperative Service—Rural Business Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program’’; ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’; ‘‘Rural Utilities Service—
Rural Electrification and Telecommunications Loans Program
Account’’; and ‘‘Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program’’, to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including,
notwithstanding any other provision regarding population limits,
any county seat of such a persistent poverty county that has a
population that does not exceed the authorized population limit
by more than 10 percent: Provided, That for purposes of this section,
the term ‘‘persistent poverty counties’’ means any county that has
had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided
further, That with respect to specific activities for which program
levels have been made available by this Act that are not supported
by budget authority, the requirements of this section shall be
applied to such program level.
SEC. 737. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemption may not go into effect.
SEC. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption’’, and published on November 27, 2015, with respect
H. R. 4366—87
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
SEC. 739. For school years 2023–2024 and 2024–2025, none
of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
SEC. 740. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or use
of hemp, or seeds of such plant, that is grown or cultivated
in accordance with section 7606 of the Agricultural Act of
2014 or subtitle G of the Agricultural Marketing Act of 1946,
within or outside the State in which the hemp is grown or
cultivated.
SEC. 741. The Secretary of Agriculture may waive the matching
funds requirement under section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
SEC. 742. The Secretary, as part of the report on foreign landholding required under the Agricultural Foreign Investment Disclosure Act (Public Law 95–460), shall report to Congress on foreign
investments in agricultural land in the United States, including
the impact foreign ownership has on family farms, rural communities, and the domestic food supply: Provided, That within 2 years
after the enactment of this Act, the Secretary shall establish a
streamlined process for electronic submission and retention of
disclosures made under the Agricultural Foreign Investment Disclosure Act, including an internet database that contains disaggregated
data from each disclosure submitted: Provided further,That all prior
year disclosures of foreign investments in agricultural land in the
United States are published in the database: Provided further,
That the plan includes a process to ensure the protection of personally identifiable information and that all disclosures of foreign
investments in agricultural land on the USDA website be
disaggregated by: (1) in any case in which such foreign person
is an individual, the citizenship of such foreign person; and (2)
in any case in which such foreign person is not an individual
or a government, the nature of the legal entity holding the interest,
the country in which such foreign person is created or organized,
and the principal place of business of such foreign person.
SEC. 743. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
H. R. 4366—88
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.
H. R. 4366—89
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,
H. R. 4366—90
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones, excluding the funding
provided through any Community Project Funding/Congressionally
Directed Spending.
SEC. 757. In this fiscal year and each fiscal year thereafter,
and notwithstanding any other provision of law, none of the funds
made available by this or any other Act may be used to implement
section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural
Development Act.
SEC. 758. (a) For an additional amount for the Office of the
Secretary, $2,000,000, to remain available until expended, for the
Secretary of Agriculture to carry out no more than 10 pilot projects,
under the terms and conditions determined by the Secretary for
a period not to exceed 2 years, that award grants to an Indian
tribe; a tribal organization approved by an Indian tribe; a tribal
educational agency; a consortium of Indian tribes; or a partnership
between an Indian tribe and either a State educational agency,
a local educational agency, a tribal educational agency, or the
Bureau of Indian Education to operate and implement the school
lunch program as authorized by the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769), the summer food service program as established under section 13 of the Richard B. Russell
National School Lunch Act, the child and adult care food program
as established by section 17 of the Richard B. Russell National
School Lunch Act, or the school breakfast program established
by the Child Nutrition Act of 1966 (42 U.S.C. 1773) in either
a Bureau-funded school (as defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 2021)); a school (as defined in
section 12(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760 (d)) on or near an Indian reservation; or
an early child care and education facility: Provided, That to carry
out this pilot program each grant awarded shall be no less than
$10,000 and no more than $100,000 for each school year and shall
not increase state administrative costs or the amount of benefits
provided in any program: Provided further, That the term ‘‘Indian
tribe’’ has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b) Notwithstanding any other provision of law, a pilot project
grant recipient shall be reimbursed for meals served under the
school lunch program, the summer food service program, and the
child and adult care food program as if the recipient were a State
under the Richard B. Russell National School Lunch Act; and
under the school breakfast program as if the recipient were a
State educational agency.
(c) Not later than 1 year after the conclusion of the pilot
program, the Secretary shall submit to Congress a report on the
outcomes of the pilot program.
SEC. 759. None of the funds appropriated or otherwise made
available by this Act may be used by the Food and Drug Administration (FDA) to issue or promote any new guidelines or regulations
applicable to food manufacturers for Listeria monocytogenes (Lm)
until the FDA considers the available new science in developing
the Compliance Policy Guide (CPG), Guidance for FDA Staff, Sec.
H. R. 4366—91
55.320 Listeria monocytogenes—regarding Lm in low-risk foods,
meaning foods that do not support the growth of Lm.
SEC. 760. Section 523 of the Housing Act of 1949 (42 U.S.C.
1490c) is amended in subsection (b)(1)(B) by striking ‘‘two years’’
and inserting ‘‘five years’’.
SEC. 761. Section 524 of the Housing Act of 1949 (42 U.S.C.
1490d) is amended in subsection (a)(1) by striking ‘‘two years’’
and inserting ‘‘five years’’.
SEC. 762. Section 363 of the Multifamily Mortgage Foreclosure
Act of 1981 (12 U.S.C. 3702) is amended at paragraph (10) by
inserting after ‘‘Secretary of Housing Urban Development’’ the following: ‘‘and the Secretary of Agriculture’’.
SEC. 763. None of the funds appropriated or otherwise made
available by this Act may be used by the Food and Drug Administration to develop, issue, promote or advance any final guidelines
or new regulations applicable to food manufacturers for long-term
population-wide sodium reduction actions until an assessment is
completed on the impact of the short-term sodium reduction targets.
SEC. 764. There is hereby appropriated $2,000,000, to remain
available until September 30, 2025, for a Bison Production and
Marketing Grant Program that the Agricultural Marketing Service
shall develop and maintain: Provided, That this program shall
be similar, as determined by the Secretary, to the Sheep Production
and Marketing Grant Program the Department of Agriculture currently maintains pursuant to section 209(c) of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1627a(c)), and shall prioritize
grants to national non-profits and federally chartered Tribal
organizations that have expertise in bison production or marketing.
SEC. 765. Notwithstanding the Agricultural Marketing Act of
1946 (7 U.S.C. 1622 et seq.) and 9 CFR part 352, the Committee
provides an additional $700,000 to the USDA Food Safety and
Inspection Service to cover voluntary meat inspection fees for the
slaughtering or processing of bison/buffalo at Native American
owned establishments or establishments operating on tribal lands.
SEC. 766. Of the unobligated balances from prior year appropriations made available for the Rural Water Operation Program
under the heading ‘‘Natural Resources Conservation Service—
Watershed and Flood Prevention Operations’’, $28,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
SEC. 767. If services performed by APHIS employees are determined by the Administrator of the Animal and Plant Health Inspection Service to be in response to an animal disease outbreak,
any premium pay that is funded, either directly or through
reimbursement, shall be exempted from the aggregate of basic
pay and premium pay calculated under section 5547 of title 5,
United States Code, and any other provision of law limiting the
aggregate amount of premium pay payable on a biweekly or calendar year basis: Provided, That this section shall take effect as
if enacted on January 1, 2023.
SEC. 768. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
H. R. 4366—92
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 769. Any rule-making, notice or guidance of or regarding
USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal
Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88) shall allow and provide meal reimbursement
for (or ‘‘low fat or fat free’’) flavored milk in National School Lunch
Program and School Breakfast Program for grades Kindergarten
through 12th grade and in Child and Adult Care Food Program
for participants 6 years of age and older, and for any other program
complying with the meal pattern requirements covered in such
final rule.
SEC. 770. Sodium limits in effect for School Year 2023–2024
in child nutrition meal patterns shall remain effective through
School Year 2026–2027, after which sodium limits that may be
included in any rulemaking, notice or guidance of or regarding
USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal
Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88), shall not be more restrictive than the Target
2 sodium levels published in the final rule entitled ‘‘Nutrition
Standards in the National School Lunch and School Breakfast Programs’’ published by the Department of Agriculture in the Federal
Register on January 26, 2012 (77 Fed. Reg 4087).
SEC. 771. There is hereby appropriated $2,000,000, to remain
available until expended, to carry out section 2103 of Public Law
115–334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
SEC. 772. There is appropriated $3,000,000 for the emergency
and transitional pet shelter and housing assistance grant program
established under section 12502(b) of the Agriculture Improvement
Act of 2018 (34 U.S.C. 20127).
SEC. 773. The National Academies of Sciences, Engineering
and Medicine (NASEM) were tasked with providing findings and
recommendations on alcohol consumption for the purposes of inclusion in the 2025 Dietary Guidelines for Americans as required
by Section 772 of Division A of the Consolidated Appropriations
Act, 2023 (Public Law 117–328): Provided, That the Secretary of
Health and Human Services and the Secretary of Agriculture shall
consider the findings and recommendations of the NASEM report
in the development of the 2025 Dietary Guidelines for Americans
and further, both Secretaries shall ensure that the alcohol consumption recommendations in the 2025 Dietary Guidelines for Americans
shall be based on the preponderance of scientific and medical knowledge consistent with section 5341 of title 7 of United States Code.
SEC. 774. The first proviso under the heading ‘‘Rural Community Facilities Program Account’’ in title I of division N of the
Consolidated Appropriations Act, 2023 (Public Law 117–328) is
amended by inserting ‘‘or to repair or replace essential community
facilities damaged by a disaster that occurred in calendar year
2023’’ after ‘‘calendar year 2022’’: Provided, That amounts
repurposed pursuant to this section that were previously designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated as an emergency
H. R. 4366—93
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.’’
H. R. 4366—94
SEC. 780. Section 313B(a) of the Rural Electrification Act of
1936 (7 U.S.C. 940c–2(a)), shall be applied for fiscal year 2024
and each fiscal year thereafter until the specified funding has
been expended as if the following were inserted after the final
period: ‘‘In addition, the Secretary shall use $9,465,000 of the funds
available to carry out this section in fiscal year 2024 for an additional amount for the same purpose and under the same terms
and conditions as the Rural Business Development Grants authorized by section 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)).’’.
SEC. 781. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 782. For an additional amount for the Office of the Secretary, $6,000,000, to remain available until expended, to continue
the Institute for Rural Partnerships as established in section 778
of Public Law 117–103: Provided, That the Institute for Rural
Partnerships shall continue to dedicate resources to researching
the causes and conditions of challenges facing rural areas, and
develop community partnerships to address such challenges: Provided further, That administrative or other fees shall not exceed
one percent: Provided further, That such partnership shall coordinate and publish an annual report.
SEC. 783. There is hereby appropriated $500,000 to carry out
the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 784. Of the unobligated balances from prior year appropriations made available for conservation activities under the
heading ‘‘Natural Resources Conservation Service—Conservation
Operations’’, $30,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 785. Of the unobligated balances from prior year appropriations made available for the ‘‘National Institute of Food and
Agriculture—Research and Education Activities’’, $37,000,000 are
hereby rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
SEC. 786. There is hereby appropriated $1,000,000, to remain
available until expended, for section 306E(b) of the Consolidated
Farm and Rural Development Act to provide subgrants to eligible
individuals for the construction, refurbishing, and servicing of
individually owned household decentralized wastewater systems.
SEC. 787. The Secretary of Agriculture shall be included as
a member of the Committee on Foreign Investment in the United
States (CFIUS) on a case by case basis pursuant to the authorities
in section 721(k)(2)(J) of the Defense Production Act of 1950 (50
U.S.C. 4565(k)(2)(J)) with respect to each covered transaction (as
defined in section 721(a)(4) of the Defense Production Act of 1950
H. R. 4366—95
(50 U.S.C. 4565(a)(4))) involving agricultural land, agriculture biotechnology, or the agriculture industry (including agricultural
transportation, agricultural storage, and agricultural processing),
as determined by the CFIUS Chairperson in coordination with
the Secretary of Agriculture. The Secretary of Agriculture shall,
to the maximum extent practicable, notify the Committee on Foreign
Investment in the United States of any agricultural land transaction
that the Secretary of Agriculture has reason to believe, based on
information from or in cooperation with the Intelligence Community,
is a covered transaction (A) that may pose a risk to the national
security of the United States, with particular emphasis on covered
transactions of an interest in agricultural land by foreign governments or entities of concern, as defined in 42 U.S.C. 19221(a),
including the People’s Republic of China, the Democratic People’s
Republic of Korea, the Russian Federation, and the Islamic Republic
of Iran; and (B) with respect to which a person is required to
submit a report to the Secretary of Agriculture under section 2(a)
of the Agricultural Foreign Investment Disclosure Act of 1978 (7
U.S.C. 3501(a)): Provided, That there is hereby appropriated
$2,000,000, to remain available until expended, in addition to
amounts otherwise provided for such purpose, to carry out this
section.
SEC. 788. Of the unobligated balances from prior year appropriations made available in the ‘‘Working Capital Fund’’,
$78,000,000 are hereby rescinded: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 789. Of the unobligated balances from prior year appropriations made available for the ‘‘Community Connect Grant Program’’, $30,000,000 are hereby rescinded: Provided, That no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 790. Of the unobligated balances from prior year appropriations made available under the heading ‘‘Distance Learning,
Telemedicine, and Broadband Program’’, other than amounts made
available for the Community Connect Grant Program, $18,891,000
are hereby rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
SEC. 791. Of the unobligated balances from prior year appropriations made available for veterinary diagnostics under the
heading ‘‘Animal and Plant Health Inspection Service, Salaries
and Expenses account’’, $5,000,000 are hereby rescinded: Provided,
That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
SEC. 792. The agencies and offices of the Department of Agriculture may reimburse the Office of the General Counsel (OGC),
out of the funds provided in this Act, for costs incurred by OGC
in providing services to such agencies or offices under time-limited
H. R. 4366—96
agreements entered into with such agencies and offices: Provided,
That such transfer authority is in addition to any other transfer
authority provided by law.
SEC. 793. (a) Section 260 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1636i) is amended by striking ‘‘2023’’ and inserting
‘‘2024’’.
(b) Section 942 of the Livestock Mandatory Reporting Act of
1999 (7 U.S.C. 1635 note; Public Law 106–78) is amended by
striking ‘‘2023’’ and inserting ‘‘2024’’.
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024’’.
H. R. 4366—97
DIVISION C—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of
the Department of Commerce provided for by law, to carry out
activities associated with facilitating, attracting, and retaining business investment in the United States, to carry out activities associated with title VI of division BB of the Consolidated Appropriations
Act, 2023 (Public Law 117–328), and for engaging in trade promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of
United States firms, without regard to sections 3702 and 3703
of title 44, United States Code; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; recognizing contributions
to export expansion pursuant to Executive Order 10978; rental
of space abroad for periods not exceeding 10 years, and expenses
of alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph
of section 2672 of title 28, United States Code, when such claims
arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; not to
exceed $325,000 for purchase of armored vehicles without regard
to the general purchase price limitations; obtaining insurance on
official motor vehicles; and rental of tie lines, $623,000,000, of
which $85,000,000 shall remain available until September 30, 2025:
Provided, That of the amounts made available under this heading,
$50,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That $12,000,000 is to be derived from fees to be retained
and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided
further, That, of amounts provided under this heading, not less
than $16,400,000 shall be for China antidumping and countervailing
duty enforcement and compliance activities: Provided further, That
the provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities: Provided further, That,
of amounts provided under this heading, up to $3,000,000, to remain
H. R. 4366—98
available until expended, shall be for the purpose of carrying out
a pilot fellowship program of the United States Commercial Service
under which the Secretary of Commerce may make competitive
grants to appropriate institutions of higher education or students
to increase the level of knowledge and awareness of, and interest
in employment with, that Service among minority students: Provided further, That any grants awarded under such program shall
be made pursuant to regulations to be prescribed by the Secretary,
which shall require as a condition of the initial receipt of grant
funds, a commitment by prospective grantees to accept full-time
employment in the Global Markets unit of the International Trade
Administration upon the completion of participation in the program.
BUREAU
OF INDUSTRY AND
SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
awards of compensation to informers under the Export Control
Reform Act of 2018 (subtitle B of title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $191,000,000,
of which $76,000,000 shall remain available until expended: Provided, That of the amounts made available under this heading
for activities under the ‘‘revised nonsecurity category’’, as defined
in section 250(c)(4)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended,
$20,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
H. R. 4366—99
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by sections
27, 28, and 30 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722, 3722a, and 3723), as amended,
$400,000,000 to remain available until expended, of which
$50,000,000 shall be for grants under section 27, $41,000,000 shall
be for grants under section 28, and $2,500,000 shall be for grants
under section 30: Provided, That of the amounts made available
under this heading, $30,000,000 is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act), or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act.
SALARIES AND EXPENSES
For necessary expenses of administering the economic development assistance programs as provided for by law, $68,000,000:
Provided, That funds provided under this heading may be used
to monitor projects approved pursuant to title I of the Public Works
Employment Act of 1976; title II of the Trade Act of 1974; sections
27 through 30 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722–3723), as amended; and the Community
Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Minority Business Development
Agency in fostering, promoting, and developing minority business
enterprises, as authorized by law, $68,250,000.
ECONOMIC
AND
STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$125,000,000, to remain available until September 30, 2025.
BUREAU
OF THE
CENSUS
CURRENT SURVEYS AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $328,500,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities.
H. R. 4366—100
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,054,000,000, to remain available until September 30, 2025: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$57,000,000, to remain available until September 30, 2025: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies
shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available
for the administration of all open grants until their expiration.
FACILITIES MANAGEMENT AND CONSTRUCTION
For necessary expenses for the design, construction, alteration,
improvement, maintenance, and repair of buildings and facilities
managed by the National Telecommunications and Information
Administration, not otherwise provided for, $2,000,000, to remain
available until expended.
UNITED STATES PATENT
AND
TRADEMARK OFFICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $4,195,799,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
H. R. 4366—101
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2024, so
as to result in a fiscal year 2024 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2024, should the total amount of such offsetting collections be
less than $4,195,799,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$4,195,799,000 in fiscal year 2024 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That the budget of the President submitted for fiscal year
2025 under section 1105 of title 31, United States Code, shall
include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result
from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by
the USPTO under any law in either fiscal year 2024 or fiscal
year 2025: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2024
for official reception and representation expenses: Provided further,
That in fiscal year 2024 from the amounts made available for
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary
to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title
5, United States Code, and the normal cost percentage (as defined
by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO’s specific use, of basic pay,
of employees subject to subchapter III of chapter 83 of that title,
and (2) the present value of the otherwise unfunded accruing costs,
as determined by OPM for USPTO’s specific use of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement and
Disability Fund, the FEGLI Fund, and the Employees FEHB Fund,
as appropriate, and shall be available for the authorized purposes
of those accounts: Provided further, That any differences between
the present value factors published in OPM’s yearly 300 series
benefit letters and the factors that OPM provides for USPTO’s
specific use shall be recognized as an imputed cost on USPTO’s
financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges
assessed and collected by USPTO are available for USPTO only
pursuant to section 42(c) of title 35, United States Code, as amended
by section 22 of the Leahy-Smith America Invents Act (Public
Law 112–29): Provided further, That within the amounts appropriated, $2,450,000 shall be transferred to the ‘‘Office of Inspector
H. R. 4366—102
General’’ account for activities associated with carrying out investigations and audits related to the USPTO.
NATIONAL INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $1,080,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That of the amounts
appropriated under this heading, $222,841,000 shall be made available for the NIST—STRS projects, and in the amounts, specified
in the table titled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included for this division in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That the amounts
made available for the projects referenced in the preceding proviso
may not be transferred for any other purpose: Provided further,
That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide
local transportation for summer undergraduate research fellowship
program participants.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses for industrial technology services,
$212,000,000, to remain available until expended, of which
$175,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $37,000,000 shall be for the Manufacturing USA Program.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology
Act (15 U.S.C. 278c–278e), $168,000,000, to remain available until
expended: Provided, That of the amounts appropriated under this
heading, $80,242,000 shall be made available for the NIST—
Construction projects, and in the amounts, specified in the table
titled ‘‘Community Project Funding/Congressionally Directed
Spending’’ included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That up to one percent of
amounts made available for the projects referenced in the preceding
proviso may be used for the administrative costs of such projects:
Provided further, That the Director of the National Institute of
Standards and Technology shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and
the Senate for any amounts made available by the preceding proviso
and such spending plan shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
H. R. 4366—103
in that section: Provided further, That the Secretary of Commerce
shall include in the budget justification materials for fiscal year
2025 that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United States
Code) an estimate for each National Institute of Standards and
Technology construction project having a total multi-year program
cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent
fiscal years.
NATIONAL OCEANIC
AND
ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration (NOAA),
including maintenance, operation, and hire of aircraft and vessels;
pilot programs for State-led fisheries management, notwithstanding
any other provision of law; grants, contracts, or other payments
to nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities,
$4,548,485,000, to remain available until September 30, 2025: Provided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may
be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$369,522,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Observers and
Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further, That not to exceed
$71,299,000 shall be for payment to the ‘‘Department of Commerce
Working Capital Fund’’: Provided further, That of the
$4,946,007,000 provided for in direct obligations under this heading,
$4,548,485,000 is appropriated from the general fund, $369,522,000
is provided by transfer, and $28,000,000 is derived from recoveries
of prior year obligations: Provided further, That of the amounts
appropriated under this heading, $139,499,000 shall be made available for the NOAA—CZM and NOAA—ORF projects, and in the
amounts, specified in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further,
That the amounts made available for the projects referenced in
the preceding proviso may not be transferred for any other purpose:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
H. R. 4366—104
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman’s Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
dependents under the Dependents’ Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,719,866,000, to remain available until September 30, 2026, except that funds provided for
acquisition and construction of vessels and aircraft, and construction
of facilities shall remain available until expended: Provided, That
of the amounts made available in the matter preceding this proviso,
$100,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That in addition, $44,000,000 shall be derived by transfer
for the purposes provided under this heading from the unobligated
balances in the Fund established in section 111(a) of division B
of Public Law 116–93: Provided further, That no amounts may
be transferred pursuant to the preceding proviso from amounts
made available in section 101(e)(1) of title I of division A of Public
Law 118–5: Provided further, That of the $1,776,866,000 provided
for in direct obligations under this heading, $1,719,866,000 is appropriated from the general fund, $13,000,000 is provided from recoveries of prior year obligations, and $44,000,000 is provided by
transfer: Provided further, That any deviation from the amounts
designated for specific activities in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to
the procedures set forth in section 505 of this Act: Provided further,
That the Secretary of Commerce shall include in budget justification
materials for fiscal year 2025 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) an estimate for each National
Oceanic and Atmospheric Administration procurement, acquisition
or construction project having a total of more than $5,000,000
and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each
of the 5 subsequent fiscal years.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2025: Provided, That, of the funds provided herein,
the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
federally recognized Tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
H. R. 4366—105
and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of Tribal treaty
fishing rights or native subsistence fishing, or for conservation
of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing activities:
Provided further, That funds disbursed to States shall be subject
to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.
FISHERIES DISASTER ASSISTANCE
For necessary expenses of administering the fishery disaster
assistance programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Public Law 94–265) and the
Interjurisdictional Fisheries Act (title III of Public Law 99–659),
$300,000.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $349,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2024, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$150,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.
RECREATIONAL QUOTA ENTITY FUND
For carrying out the provisions of section 106 of the Driftnet
Modernization and Bycatch Reduction Act (title I of division S
of the Consolidated Appropriations Act, 2023 (Public Law 117–
328)), the National Oceanic and Atmospheric Administration may
assess and collect fees pursuant to such section, which shall be
credited to this account, to remain available until expended, for
the purposes specified in subsection (b) of such section, in addition
to amounts otherwise available for such purposes.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $94,500,000: Provided,
That no employee of the Department of Commerce may be detailed
or assigned from a bureau or office funded by this Act or any
other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless
the individual’s employing bureau or office is fully reimbursed for
the salary and expenses of the employee for the entire period
H. R. 4366—106
of assignment using funds provided under this heading: Provided
further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant
to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary circumstances that threaten life or property.
RENOVATION AND MODERNIZATION
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,142,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $48,000,000.
GENERAL PROVISIONS—DEPARTMENT
OF
COMMERCE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce.
SEC. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112–55), as amended by section 105 of
title I of division B of Public Law 113–6, are hereby adopted
by reference and made applicable with respect to fiscal year 2024:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary
H. R. 4366—107
Operational Environmental Satellite R-Series Program is
$11,700,100,000, and the life cycle cost for the Space Weather
Follow On Program is $692,800,000.
SEC. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement
of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a reimbursable
or non-reimbursable basis. Amounts received as reimbursement
for services provided under this section or the authority under
which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
SEC. 106. Nothing in this title shall be construed to prevent
a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.
SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
SEC. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and
related regulatory activities pursuant to this section shall be deposited under the heading ‘‘National Oceanic and Atmospheric
Administration—Operations, Research, and Facilities’’ and shall
remain available until September 30, 2025, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act.
H. R. 4366—108
SEC. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided
for programs of the Bureau of Economic Analysis and the Bureau
of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
SEC. 111. The Secretary of Commerce, or the designee of the
Secretary, may waive up to 50 percent of the cost sharing requirements under section 315, of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1461) as necessary at the request of the grant
applicant, for amounts made available under this Act under the
heading ‘‘Procurement, Acquisition and Construction’’ under the
heading ‘‘National Oceanic and Atmospheric Administration’’.
SEC. 112. Any unobligated balances of expired discretionary
funds transferred to the Department of Commerce Nonrecurring
Expenses Fund, as authorized by section 111 of title I of division
B of Public Law 116–93, may be obligated only after the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of the planned use of
funds.
SEC. 113. The Under Secretary of Commerce for Oceans and
Atmosphere is authorized to designate one or more Cooperative
Aviation Centers for the purposes of recruiting aviators for the
NOAA commissioned officer corps from institutions that provide
a four-year baccalaureate program of professional flight and piloting
instruction that is accredited by the Aviation Accreditation Board
International: Provided, That Cooperative Aviation Centers shall
be located in a geographic area that experiences a wide variation
in climate-related activity, such as frequent high winds, convective
activity (including tornadoes), periods of low visibility, heat, and
snow and ice episodes, to provide opportunities for pilots to demonstrate skill in all weather conditions compatible with future
encounters during their service in the commissioned officer corps
of the Administration.
SEC. 114. The Administrator of the National Oceanic and
Atmospheric Administration may accept payments from a non-Federal party during fiscal year 2024 for the purpose of altering or
replacing fencing, and related activities, for the Administration’s
port facility in Ketchikan, Alaska. Amounts accepted under this
section may be credited to the appropriation account otherwise
available for such purpose and shall remain available until
expended.
SEC. 115. The Administrator of the National Oceanic and
Atmospheric Administration, in consultation with the employees
of the National Weather Service and non-governmental experts
in personnel management, may establish an alternative or fixed
rate for relocation allowance, including permanent change of station
allowance, notwithstanding the provisions of 5 U.S.C. 5724 and
the regulations prescribed under 5 U.S.C. 5738.
This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2024’’.
H. R. 4366—109
TITLE II
DEPARTMENT OF JUSTICE
JUSTICE OPERATIONS, MANAGEMENT,
AND
ACCOUNTABILITY
SALARIES AND EXPENSES
For expenses necessary for the operations, management, and
accountability of the Department of Justice, $142,000,000, of which
$4,000,000 shall remain available until September 30, 2025, and
of which not to exceed $4,000,000 for security and construction
of Department of Justice facilities shall remain available until
expended: Provided, That any reference to the Department of Justice’s ‘‘General Administration’’ appropriations heading (including
references that include its subheadings) which appears in any rule,
regulation, provision, law, or other official document, shall hereafter
be deemed a reference to the Department of Justice’s ‘‘Justice
Operations, Management, and Accountability’’ appropriations
heading.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $30,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $40,000,000
to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,
for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE
FOR IMMIGRATION
REVIEW
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the administration of immigrationrelated activities of the Executive Office for Immigration Review,
$844,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ‘‘Immigration Examinations Fee’’ account, and of which not
less than $28,000,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That not
to exceed $50,000,000 of the total amount made available under
this heading shall remain available until September 30, 2028, for
build-out and modifications of courtroom space.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General,
$139,000,000, including not to exceed $10,000 to meet unforeseen
H. R. 4366—110
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2025.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $14,000,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; the administration of pardon and clemency
petitions; and rent of private or Government-owned space in the
District of Columbia, $1,090,000,000, of which not to exceed
$50,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical
networks, shall remain available until expended: Provided, That
of the amount provided for INTERPOL Washington dues payments,
not to exceed $900,000 shall remain available until expended: Provided further, That of the total amount appropriated, not to exceed
$8,900 shall be available to INTERPOL Washington for official
reception and representation expenses: Provided further, That of
the total amount appropriated, not to exceed $8,900 shall be available to the Criminal Division for official reception and representation expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That
of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended:
Provided further, That any funds provided under this heading in
prior year appropriations Acts that remain available to the Civil
H. R. 4366—111
Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) may also be used to carry out any
authorized purposes of the Civil Rights Division: Provided further,
That amounts repurposed by the preceding proviso may not be
used to increase the number of permanent positions.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, $22,700,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and
to remain available until expended.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $233,000,000, to remain available until expended,
of which not to exceed $5,000 shall be available for official reception
and representation expenses: Provided, That notwithstanding any
other provision of law, not to exceed $233,000,000 to be derived
from fees collected for premerger notification filings under the HartScott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a),
regardless of the year of collection, shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2024, so as to result
in a final fiscal year 2024 appropriation from the general fund
estimated at $0: Provided further, That, notwithstanding section
605 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C.
18a note), none of the funds credited to this account as offsetting
collections during the current fiscal year shall become available
for obligation in any fiscal year except as provided in the preceding
two provisos or as provided in a subsequent appropriations Act.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,611,000,000: Provided, That of the total amount appropriated, not to exceed $19,600 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$40,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate
in a task force on human trafficking.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $245,000,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
of discretionary offsetting collections to the United States Trustee
System Fund and amounts herein appropriated shall be available
in such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of law,
fees deposited into the Fund as discretionary offsetting collections
pursuant to section 589a of title 28, United States Code (as limited
by section 589a(f)(2) of title 28, United States Code), shall be
H. R. 4366—112
retained and used for necessary expenses in this appropriation
and shall remain available until expended: Provided further, That
to the extent that fees deposited into the Fund as discretionary
offsetting collections in fiscal year 2024, net of amounts necessary
to pay refunds due depositors, exceed $245,000,000, those excess
amounts shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That
the sum herein appropriated from the general fund shall be reduced
(1) as such fees are received during fiscal year 2024, net of amounts
necessary to pay refunds due depositors, (estimated at $230,000,000)
and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2024
appropriation from the general fund estimated at $15,000,000.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,504,000.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which
not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase
and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $35,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Community Relations Service,
$24,000,000: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
H. R. 4366—113
ASSETS FORFEITURE FUND
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$1,692,000,000, of which not to exceed $20,000 shall be available
for official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended: Provided, That
of the amounts made available under this heading, $163,000,000
is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
CONSTRUCTION
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and
related support, $15,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $2,100,000,000,
to remain available until expended: Provided, That of the amounts
made available under this heading, $250,000,000 is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the activities of the
National Security Division, $128,000,000, of which not to exceed
$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities
of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
H. R. 4366—114
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $547,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU
OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $10,643,713,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$279,000 shall be available for official reception and representation
expenses.
CONSTRUCTION
For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning
and design of projects; and operation and maintenance of secure
work environment facilities and secure networking capabilities;
$30,000,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of
title 28, United States Code; and expenses for conducting drug
education and training programs, including travel and related
expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,567,000,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided,
That of the amounts made available under this heading,
H. R. 4366—115
$328,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That, notwithstanding section 3672 of Public Law 106–
310, up to $10,000,000 may be used to reimburse States, units
of local government, Indian Tribal Governments, other public entities, and multi-jurisdictional or regional consortia thereof for
expenses incurred to clean up and safely dispose of substances
associated with clandestine methamphetamine laboratories, conversion and extraction operations, tableting operations, or laboratories
and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment.
BUREAU
OF
ALCOHOL, TOBACCO, FIREARMS
AND
EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,625,000,000, of which not to exceed
$35,650 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,392,588,000: Provided, That not less than $409,483,000
shall be for the programs and activities authorized by the First
Step Act of 2018 (Public Law 115–391), of which not less than
2 percent shall be transferred to and merged with the appropriation
for ‘‘Research, Evaluation and Statistics’’ for the National Institute
of Justice to carry out evaluations of programs and activities related
to the First Step Act of 2018: Provided further, That the Attorney
H. R. 4366—116
General may transfer to the Department of Health and Human
Services such amounts as may be necessary for direct expenditures
by that Department for medical relief for inmates of Federal penal
and correctional institutions: Provided further, That the Director
of the Federal Prison System, where necessary, may enter into
contracts with a fiscal agent or fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to individuals
committed to the custody of the Federal Prison System: Provided
further, That not to exceed $5,400 shall be available for official
reception and representation expenses: Provided further, That not
to exceed $50,000,000 shall remain available until expended for
necessary operations: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity
which has operated such program in the past, notwithstanding
the fact that such not-for-profit entity furnishes services under
contracts to the Federal Prison System relating to the operation
of pre-release services, halfway houses, or other custodial facilities:
Provided further, That amounts made available under this heading
for programs and activities related to the First Step Act may
not be transferred, or otherwise made available, to or for administration by the Department of Labor.
BUILDINGS AND FACILITIES
For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $179,762,000, to remain available until expended,
of which $30,000,000 shall be available only for costs related to
construction of new facilities: Provided, That labor of United States
prisoners may be used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
H. R. 4366—117
expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
STATE
AND
LOCAL LAW ENFORCEMENT ACTIVITIES
OFFICE
ON
VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); title II
of the Civil Rights Act of 1968 (commonly known as the ‘‘Indian
Civil Rights Act of 1968’’) (Public Law 90–284) (‘‘the Indian Civil
Rights Act’’); the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Victims of
Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
the Prosecutorial Remedies and Other Tools to end the Exploitation
of Children Today Act of 2003 (Public Law 108–21); the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101
et seq.) (‘‘the 1974 Act’’); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106–386) (‘‘the 2000 Act’’);
the Justice for All Act of 2004 (Public Law 108–405) (‘‘the 2004
Act’’); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’);
the Violence Against Women Reauthorization Act of 2013 (Public
Law 113–4) (‘‘the 2013 Act’’); the Justice for Victims of Trafficking
Act of 2015 (Public Law 114–22) (‘‘the 2015 Act’’); the Abolish
Human Trafficking Act (Public Law 115–392); and the Violence
Against Women Act Reauthorization Act of 2022 (division W of
Public Law 117–103) (‘‘the 2022 Act’’); and for related victims services, $713,000,000, to remain available until expended, of which
$80,000,000 shall be derived by transfer from amounts available
for obligation in this Act from the Fund established by section
1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C.
20101), notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law, not
to exceed 5 percent of funds made available under this heading
may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided—
(1) $255,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, and any
applicable increases for the amount of such grants, as authorized by section 5903 of the James M. Inhofe National Defense
H. R. 4366—118
Authorization Act for Fiscal Year 2023: Provided, That
$10,000,000 shall be for any such increases under such section
5903, which shall apply to fiscal year 2024 grants funded by
amounts provided in this paragraph;
(2) $50,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ‘‘Research, Evaluation
and Statistics’’ for administration by the Office of Justice Programs;
(4) $17,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; and assistance to middle and high school students through education
and other services related to such violence, of which $3,500,000
is to engage men and youth in preventing domestic violence,
dating violence, sexual assault, and stalking: Provided, That
unobligated balances available for the programs authorized by
sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior
to its amendment by the 2013 Act, shall be available for this
program: Provided further, That 10 percent of the total amount
available for this grant program shall be available for grants
under the program authorized by section 2015 of the 1968
Act: Provided further, That the definitions and grant conditions
in section 40002 of the 1994 Act shall apply to this program;
(5) $60,500,000 is for grants to improve the criminal justice
response as authorized by part U of title I of the 1968 Act,
of which up to $4,000,000 is for a homicide reduction initiative;
up to $4,000,000 is for a domestic violence lethality reduction
initiative; and up to $8,000,000 is for an initiative to promote
effective policing and prosecution responses to domestic
violence, dating violence, sexual assault, and stalking, including
evaluation of the effectiveness of funded interventions (‘‘Policing
and Prosecution Initiative’’);
(6) $78,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $50,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $25,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act, of which $12,500,000 is for grants to Historically
Black Colleges and Universities, Hispanic-Serving Institutions,
and Tribal colleges and universities;
(9) $55,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;
(10) $9,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $22,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
H. R. 4366—119
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;
(12) $12,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $11,000,000 is for programs to assist Tribal Governments in exercising special Tribal criminal jurisdiction, as
authorized by section 204 of the Indian Civil Rights Act: Provided, That the grant conditions in section 40002(b) of the
1994 Act shall apply to grants made;
(17) $1,500,000 is for the purposes authorized under the
2015 Act;
(18) $15,000,000 is for a grant program as authorized by
section 41801 of the 1994 Act: Provided, That the definitions
and grant conditions in section 109 of the 2022 Act shall apply
to this program;
(19) $11,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act;
(20) $3,000,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United
States Attorneys: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
(21) $1,000,000 is for an initiative to support victims of
domestic violence, dating violence, sexual assault, and stalking,
including through the provision of technical assistance, as
authorized by section 206 of the 2022 Act: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this initiative;
(22) $2,000,000 is for a National Deaf Services Line to
provide remote services to Deaf victims of domestic violence,
dating violence, sexual assault, and stalking: Provided, That
the definitions and grant conditions in section 40002 of the
1994 Act shall apply to this service line;
(23) $5,000,000 is for grants for outreach and services
to underserved populations, as authorized by section 120 of
the 2005 Act;
(24) $4,000,000 is for an initiative to provide financial
assistance to victims, including evaluation of the effectiveness
of funded projects: Provided, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this initiative;
H. R. 4366—120
(25) $5,000,000 is for trauma-informed, victim-centered
training for law enforcement, and related research and evaluation activities, as authorized by section 41701 of the 1994
Act;
(26) $10,000,000 is for grants to support access to sexual
assault nurse examinations, as authorized by section 304 of
title III of the 2004 Act: Provided, That the grant conditions
in section 40002 of the 1994 Act shall apply to this program;
and
(27) $5,500,000 is for local law enforcement grants for
prevention, enforcement, and prosecution of cybercrimes against
individuals, as authorized by section 1401 of the 2022 Act,
and for a National Resource Center on Cybercrimes Against
Individuals, as authorized by section 1402 of the 2022 Act:
Provided, That the grant conditions in section 40002 of the
1994 Act shall apply to this paragraph.
OFFICE
OF
JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the
1994 Act’’); the Juvenile Justice and Delinquency Prevention Act
of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act
(34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public
Law 108–21) (‘‘the PROTECT Act’’); the Justice for All Act of
2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–
79) (‘‘PREA’’); the NICS Improvement Amendments Act of 2007
(Public Law 110–180); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198); the
First Step Act of 2018 (Public Law 115–391); and other programs,
$65,000,000, to remain available until expended, of which—
(1) $35,000,000 is for criminal justice statistics programs
and other activities as authorized by part C of title I of the
1968 Act; and
(2) $30,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $1,500,000 is for research on multidisciplinary teams, and not less than $1,500,000 is for Research
and Development in Forensic Science for Criminal Justice Purposes grants.
H. R. 4366—121
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (Public Law 90–351)
(‘‘the 1968 Act’’); the Justice for All Act of 2004 (Public Law 108–
405); the Victims of Child Abuse Act of 1990 (Public Law 101–
647) (‘‘the 1990 Act’’); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) (‘‘the TVPRA of 2005’’);
the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109–248) (‘‘the Adam Walsh Act’’); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106–386) (‘‘the Victims
of Trafficking Act’’); the NICS Improvement Amendments Act of
2007 (Public Law 110–180); subtitle C of title II of the Homeland
Security Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the
Prison Rape Elimination Act of 2003 (Public Law 108–79) (‘‘PREA’’);
the Second Chance Act of 2007 (Public Law 110–199); the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403); the Victims of Crime Act of
1984 (Public Law 98–473); the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110–416); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’);
the Justice for All Reauthorization Act of 2016 (Public Law 114–
324); Kevin and Avonte’s Law (division Q of Public Law 115–
141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe
Act of 2018 (title III of division S of Public Law 115–141) (‘‘the
Keep Young Athletes Safe Act’’); the STOP School Violence Act
of 2018 (title V of division S of Public Law 115–141) (‘‘the STOP
School Violence Act’’); the Fix NICS Act of 2018 (title VI of division
S of Public Law 115–141); the Project Safe Neighborhoods Grant
Program Authorization Act of 2018 (Public Law 115–185); the SUPPORT for Patients and Communities Act (Public Law 115–271);
the Second Chance Reauthorization Act of 2018 (Public Law 115–
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018
(Public Law 115–401); the Missing Persons and Unidentified
Remains Act of 2019 (Public Law 116–277); the Jabara-Heyer NO
HATE Act (34 U.S.C. 30507); the Violence Against Women Act
Reauthorization Act of 2022 (division W of Public Law 117–103)
(‘‘the 2022 Act’’); and other programs, $2,475,061,000, to remain
available until expended as follows—
(1) $924,061,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1—
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
H. R. 4366—122
Enforcement and Ensuring Officer Resilience and Survivability (VALOR);
(B) $3,000,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Persons System;
(C) $10,000,000 is for a grant program for State and
local law enforcement to provide officer training on
responding to individuals with mental illness or disabilities,
including for purposes described in the Law Enforcement
De-Escalation Training Act of 2022 (Public Law 117–325);
(D) $3,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–
315;
(E) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by PREA;
(F) $3,000,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin
and Avonte’s Law;
(G) $19,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115–185);
(H) $12,000,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public
Law 108–405, and for grants for wrongful conviction review;
(I) $3,000,000 is for the program specified in paragraph
(1)(I) under the heading ‘‘State and Local Law Enforcement
Assistance’’ in division B of Public Law 117–328;
(J) $1,000,000 is for the purposes of the Ashanti Alert
Communications Network as authorized under the Ashanti
Alert Act of 2018 (Public Law 115–401);
(K) $3,500,000 is for a grant program to replicate and
support family-based alternative sentencing programs;
(L) $1,000,000 is for a grant program to support child
advocacy training in post-secondary education;
(M) $7,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
(N) $5,000,000 is for grants authorized under the
Missing Persons and Unidentified Remains Act of 2019
(Public Law 116–277);
(O) $1,500,000 is for grants to accredited institutions
of higher education to support forensic ballistics programs;
(P) $3,000,000 is for the purposes authorized under
section 1506 of the 2022 Act;
(Q) $125,000,000 is for grants for law enforcement
activities associated with the presidential nominating
conventions in addition to amounts provided for such purposes in section 222 of this Act; and
(R) $350,028,000 is for discretionary grants to improve
the functioning of the criminal justice system, to prevent
or combat juvenile delinquency, and to assist victims of
crime (other than compensation), which shall be made
available for the OJP—Byrne projects, and in the amounts,
specified in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included for this division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
H. R. 4366—123
Act): Provided, That such amounts may not be transferred
for any other purpose;
(2) $234,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(I)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $88,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of the Victims
of Trafficking Act, by the TVPRA of 2005, or programs authorized under Public Law 113–4;
(4) $12,000,000 for a grant program to prevent and address
economic, high technology, white collar, and Internet crime,
including as authorized by section 401 of Public Law 110–
403, of which not less than $2,500,000 is for intellectual property enforcement grants including as authorized by section
401, and $2,000,000 is for grants to develop databases on Internet of Things device capabilities and to build and execute
training modules for law enforcement;
(5) $19,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 shall be transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing,
and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $88,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110–180)
and Fix NICS Act of 2018;
(9) $34,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $153,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $120,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
(B) $15,000,000 for other local, State, and Federal
forensic activities;
(C) $14,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108–405, section 412); and
H. R. 4366—124
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(11) $51,500,000 for community-based grant programs to
improve the response to sexual assault and apply enhanced
approaches and techniques to reduce violent crime, including
assistance for investigation and prosecution of related cold
cases;
(12) $14,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $50,000,000 for assistance to Indian Tribes;
(14) $117,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199) and by the Second Chance Reauthorization Act of 2018 (Public Law 115–391), without regard to the
time limitations specified at section 6(1) of such Act, of which
not to exceed—
(A) $8,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies;
(B) $5,000,000 is for children of incarcerated parents
demonstration programs to enhance and maintain parental
and family relationships for incarcerated parents as a
reentry or recidivism reduction strategy;
(C) $5,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in probation, of which no less than $500,000 shall
be used for a project that provides training, technical assistance, and best practices; and
(D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the
Crisis Stabilization and Community Reentry Act of 2020
(Public Law 116–281):
Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards
for Pay for Success projects, of which up to $5,000,000 shall
be for Pay for Success programs implementing the Permanent
Supportive Housing Model and reentry housing;
(15) $420,000,000 for comprehensive opioid use reduction
activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and
substance use disorders consistent with underlying program
authorities, of which—
(A) $89,000,000 is for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $40,000,000 is for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $35,000,000 is for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $32,000,000 is for a veterans treatment courts program;
H. R. 4366—125
(E) $35,000,000 is for a program to monitor prescription drugs and scheduled listed chemical products; and
(F) $189,000,000 is for a comprehensive opioid, stimulant, and substance use disorder program;
(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(17) $82,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $3,000,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses involving civil rights,
as authorized by the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016 (Public Law 114–325);
(19) $17,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law
111–84);
(20) $9,000,000 for grants specified in paragraph (20) under
the heading ‘‘State and Local Law Enforcement Assistance’’
in division B of Public Law 117–328;
(21) $9,000,000 for programs authorized under the JabaraHeyer NO HATE Act (34 U.S.C. 30507);
(22) $114,000,000 for initiatives to improve police-community relations, of which $32,000,000 is for a competitive
matching grant program for purchases of body-worn cameras
for State, local, and Tribal law enforcement; $32,000,000 is
for a justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction; and
$50,000,000 is for a community violence intervention and
prevention initiative; and
(23) $3,000,000 is for emergency law enforcement assistance for events occurring during or after fiscal year 2024,
as authorized by section 609M of the Justice Assistance Act
of 1984 (34 U.S.C. 50101):
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service: Provided further,
That in the spending plan submitted pursuant to section 528 of
this Act, the Office of Justice Programs shall specifically and explicitly identify all changes in the administration of competitive grant
programs for fiscal year 2024, including changes to applicant eligibility, priority areas or weightings, and the application review
process: Provided further, That of the amounts made available
under this heading, the amount specified in paragraph (1)(Q) is
designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
H. R. 4366—126
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public
Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law
101–647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’);
the PROTECT Our Children Act of 2008 (Public Law 110–401);
the Violence Against Women Reauthorization Act of 2013 (Public
Law 113–4) (‘‘the 2013 Act’’); the Justice for All Reauthorization
Act of 2016 (Public Law 114–324); the Missing Children’s Assistance
Act of 2018 (Public Law 115–267); the Juvenile Justice Reform
Act of 2018 (Public Law 115–385); the Victims of Crime Act of
1984 (chapter XIV of title II of Public Law 98–473) (‘‘the 1984
Act’’); the Comprehensive Addiction and Recovery Act of 2016
(Public Law 114–198); and other juvenile justice programs,
$375,000,000, to remain available until expended as follows—
(1) $65,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local, and Tribal juvenile justice residential facilities;
(2) $104,000,000 for youth mentoring grants;
(3) $55,000,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act—
(A) $4,000,000 shall be for grants to prevent trafficking
of girls;
(B) $16,000,000 shall be for the Tribal Youth Program;
(C) $4,500,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(D) $10,500,000 shall be for an initiative relating to
youth affected by opioids, stimulants, and substance use
disorder; and
(E) $9,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $41,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $103,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);
(6) $4,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (3) and (6) may be used for training and
technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant
H. R. 4366—127
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $34,800,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the American Law Enforcement Heroes Act of 2017 (Public Law 115–37);
the Law Enforcement Mental Health and Wellness Act (Public
Law 115–113) (‘‘the LEMHW Act’’); the SUPPORT for Patients
and Communities Act (Public Law 115–271); the Supporting and
Treating Officers In Crisis Act of 2019 (Public Law 116–32) (‘‘the
STOIC Act’’); and the Law Enforcement De-Escalation Training
Act of 2022 (Public Law 117–325), $664,516,000, to remain available
until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further, That of the
amount provided under this heading—
(1) $256,168,839 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
of the amounts appropriated under this paragraph, $34,000,000
H. R. 4366—128
is for improving Tribal law enforcement, including hiring, equipment, training, anti-methamphetamine activities, and antiopioid activities: Provided further, That of the amounts appropriated under this paragraph, $44,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs: Provided further, That of
the amounts appropriated under this paragraph, no less than
$4,000,000 is to support the Tribal Access Program: Provided
further, That of the amounts appropriated under this paragraph, $10,000,000 is for training, peer mentoring, mental
health program activities, and other support services as authorized under the LEMHW Act and the STOIC Act: Provided
further, That of the amounts appropriated under this paragraph, $7,500,000 is for the collaborative reform model of technical assistance in furtherance of section 1701 of title I of
the 1968 Act (34 U.S.C. 10381);
(2) $12,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $16,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under
this paragraph shall be utilized for investigative purposes to
locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title
V of division S of Public Law 115–141);
(6) $25,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381);
(7) $247,347,161 is for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment, which shall be made
available for the COPS Tech projects, and in the amounts,
specified in the table titled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included for this division
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That such amounts may not be transferred for any other purpose: Provided further, That grants funded by such amounts
shall not be subject to section 1703 of title I of the 1968
Act (34 U.S.C. 10383); and
(8) $20,000,000 is for activities authorized by the Law
Enforcement De-Escalation Training Act of 2022 (Public Law
117–325).
H. R. 4366—129
GENERAL PROVISIONS—DEPARTMENT
OF
JUSTICE
(INCLUDING TRANSFERS OF FUNDS)
SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section: Provided further, That
this section shall not apply to the following—
(1) paragraph 1(R) under the heading ‘‘State and Local
Law Enforcement Assistance’’; and
(2) paragraph (7) under the heading ‘‘Community Oriented
Policing Services Programs’’.
SEC. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
SEC. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
H. R. 4366—130
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)).
H. R. 4366—131
(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, nondelegable 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
H. R. 4366—132
parents who peacefully protest at school board meetings and are
not suspected of engaging in unlawful activity.
SEC. 221. None of the funds made available by this Act may
be used to investigate or prosecute religious institutions on the
basis of their religious beliefs.
SEC. 222. Of the unobligated balances from amounts in the
fund established by section 9006(a) of title 26, United States Code,
$25,000,000 shall be paid to the ‘‘Office of Justice Programs—
State and Local Law Enforcement Assistance’’ appropriation, to
remain available until expended, for an additional amount for
grants for law enforcement activities associated with the presidential nominating conventions, under the same authorities and
conditions as amounts made available in paragraph (1)(Q) under
the heading ‘‘Office of Justice Programs—State and Local Law
Enforcement Assistance’’ in this Act.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2024’’.
H. R. 4366—133
TITLE III
SCIENCE
OFFICE
OF
SCIENCE
AND
TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$7,965,000.
NATIONAL SPACE COUNCIL
For necessary expenses of the National Space Council, in carrying out the purposes of title V of Public Law 100–685 and Executive Order No. 13803, hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
$1,965,000: Provided, That notwithstanding any other provision
of law, the National Space Council may accept personnel support
from Federal agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes provided
herein.
NATIONAL AERONAUTICS
AND
SPACE ADMINISTRATION
SCIENCE
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,334,200,000, to remain
available until September 30, 2025.
AERONAUTICS
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$935,000,000, to remain available until September 30, 2025.
H. R. 4366—134
SPACE TECHNOLOGY
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$1,100,000,000, to remain available until September 30, 2025.
EXPLORATION
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$7,666,200,000, to remain available until September 30, 2025: Provided, That of the amounts made available under this heading,
$450,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the National Aeronautics and Space Administration
shall provide to the Committees on Appropriations of the House
of Representatives and the Senate, concurrent with the annual
budget submission, a 5-year budget profile for an integrated system
that includes the Space Launch System, the Orion Multi-Purpose
Crew Vehicle, and associated ground systems that will ensure a
crewed launch as early as possible.
SPACE OPERATIONS
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
activities, including research, development, operations, support and
services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $4,220,000,000, to remain
available until September 30, 2025.
H. R. 4366—135
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
ENGAGEMENT
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $143,000,000, to remain
available until September 30, 2025, of which $26,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $58,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$3,129,000,000, to remain available until September 30, 2025: Provided, That if available balances in the ‘‘Science, Space, and Technology Education Trust Fund’’ are not sufficient to provide for
the grant disbursements required under the third and fourth provisos under such heading in the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1989
(Public Law 100–404) as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1995 (Public Law 103–327), up to
$1,000,000 shall be available from amounts made available under
this heading to make such grant disbursements: Provided further,
That of the amounts appropriated under this heading, $56,673,000
shall be made available for the SSMS projects, and in the amounts,
specified in the table titled ‘‘Community Project Funding/Congressionally Directed Spending’’ included for this division in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
the amounts made available for the projects referenced in the
preceding proviso may not be transferred for any other purpose.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
H. R. 4366—136
condemnation of real property, as authorized by law, and environmental compliance and restoration, $300,000,000, to remain available until September 30, 2029: Provided, That of the amounts
made available under this heading, $250,000,000 is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That proceeds from
leases deposited into this account shall be available for a period
of 5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds referred
to in the preceding proviso shall be available for obligation for
fiscal year 2024 in an amount not to exceed $30,000,000: Provided
further, That each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all
funds collected pursuant to section 20145 of title 51, United States
Code.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $47,600,000, of
which $500,000 shall remain available until September 30, 2025.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize is
claimed or the offer is withdrawn.
Not to exceed 10 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 20 percent by any such
transfers. Any funds transferred to ‘‘Construction and Environmental Compliance and Restoration’’ for construction activities shall
not increase that account by more than 20 percent. Balances so
transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which
transferred. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or expenditure in fiscal year 2024 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers. Any transfer pursuant to this provision shall retain its
original availability and shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as well
H. R. 4366—137
as any subsequent change of an amount established in that
spending plan that meets the notification requirements of section
505 of this Act, shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year Construction
and Environmental Compliance and Restoration (CECR) appropriation may be applied to CECR projects funded under previous years’
CECR appropriations. Use of current-year funds under this provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except
in compliance with the procedures set forth in that section.
Of the amounts made available in this Act under the heading
‘‘Science, Technology, Engineering, and Mathematics Engagement’’
(‘‘STEM Engagement’’), up to $5,000,000 shall be available to jointly
fund, with an additional amount of up to $1,000,000 each from
amounts made available in this Act under the headings ‘‘Science’’,
‘‘Aeronautics’’, ‘‘Space Technology’’, ‘‘Exploration’’, and ‘‘Space Operations’’, projects and activities for engaging students in STEM and
increasing STEM research capacities of universities, including
Minority Serving Institutions.
Not to exceed $32,600,000 made available for the current fiscal
year in this Act within ‘‘Safety, Security and Mission Services’’
may be transferred to the Working Capital Fund of the National
Aeronautics and Space Administration. Balances so transferred
shall be available until expended only for activities described in
section 30102(b)(3) of title 51, United States Code, as amended
by this Act, and shall remain available until expended. Any transfer
pursuant to this provision shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set forth
in that section.
Funds previously made available in the Consolidated Appropriations Act, 2017 (Public Law 115–31) under the heading
‘‘National Aeronautics and Space Administration—Space Operations’’ that were available for obligation through fiscal year 2018
are to remain available through fiscal year 2027 for the liquidation
of valid obligations incurred in fiscal years 2017 and 2018.
Funds previously made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) under the heading
‘‘National Aeronautics and Space Administration—Space Operations’’ that were available for obligation through fiscal year 2019
are to remain available through fiscal year 2027 for the liquidation
of valid obligations incurred in fiscal years 2018 and 2019.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $7,176,500,000, to
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remain available until September 30, 2025: Provided, That of the
amounts appropriated under this heading, not to exceed
$680,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
Provided further, That of the amounts in the preceding proviso,
not less than $109,310,000 shall be for U.S. Antarctic Logistical
Support: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers
and other National Science Foundation supported research facilities
may be credited to this appropriation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $234,000,000, to remain available until expended: Provided, That of the amounts made available under this heading,
$234,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
STEM EDUCATION
For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $1,172,000,000,
to remain available until September 30, 2025.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $448,000,000: Provided, That
not to exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2024 for maintenance and operation of facilities and for other services to be provided during
the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
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involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $5,090,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $24,410,000, of
which $1,300,000 shall remain available until September 30, 2025.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned
divestment through transfer, decommissioning, termination, or
deconstruction of any NSF-owned facilities or any NSF capital
assets (including land, structures, and equipment) valued greater
than $2,500,000.
This title may be cited as the ‘‘Science Appropriations Act,
2024’’.
H. R. 4366—140
TITLE IV
RELATED AGENCIES
COMMISSION
ON
CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $14,350,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph
shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding
the preceding proviso, $2,000,000 shall be used to separately fund
the Commission on the Social Status of Black Men and Boys.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
nonmonetary awards to private citizens; and up to $31,500,000
for payments to State and local enforcement agencies for authorized
services to the Commission, $455,000,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
funds: Provided further, That the Commission may take no action
to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair
may accept and use any gift or donation to carry out the work
of the Commission.
H. R. 4366—141
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$122,000,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$560,000,000, of which $516,100,000 is for basic field programs
and required independent audits; $5,700,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $26,200,000
is for management and grants oversight; $5,000,000 is for client
self-help and information technology; $5,000,000 is for a Pro Bono
Innovation Fund; and $2,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2023 and 2024,
respectively: Provided, That for the purposes of applications of
such sections 501 and 502, any requirement relating to the proportion of attorneys serving on the governing body of an entity providing legal assistance shall be deemed to be satisfied if at least
33 percent of such governing body is composed of attorneys otherwise meeting the criteria established by section 1007(c) of the
Legal Services Corporation Act (42 U.S.C. 2996f(c)), and section
502(2)(b)(ii) of Public Law 104–134 shall not apply.
H. R. 4366—142
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $4,500,000.
OFFICE
OF THE
UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $59,000,000, of which $1,000,000
shall remain available until expended: Provided, That of the total
amount made available under this heading, not to exceed $124,000
shall be available for official reception and representation expenses.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement
Act of 2015 (19 U.S.C. 4405), including transfers, $15,000,000,
to be derived from the Trade Enforcement Trust Fund: Provided,
That any transfer pursuant to subsection (d)(1) of such section
shall be treated as a reprogramming under section 505 of this
Act.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,640,000, of which $500,000 shall remain available until
September 30, 2025: Provided, That not to exceed $2,250 shall
be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act,
the State Justice Institute shall be considered an agency of the
United States Government.
H. R. 4366—143
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2024, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project, or activity; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects, or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project, or
activity, or numbers of personnel by 10 percent; or (8) results
from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
SEC. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
H. R. 4366—144
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account
level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $1,353,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to
improve services for victims of crime.
H. R. 4366—145
SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
H. R. 4366—146
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyberespionage 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 moderateimpact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI,
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
SEC. 515. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 516. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
SEC. 517. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
SEC. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
H. R. 4366—147
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 519. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 3094) during fiscal year 2024 until the enactment
of the Intelligence Authorization Act for fiscal year 2024.
SEC. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)
SEC. 521. (a) Of the unobligated balances available to the
Department of Commerce, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the
following accounts in the specified amounts—
(1) ‘‘Economic Development Administration—Economic
Development Assistance Programs’’, $35,000,000, only from
prior year appropriations;
(2) ‘‘Census Working Capital Fund’’, $10,000,000;
(3) ‘‘National Institute of Standards and Technology—
Working Capital Fund’’, $10,000,000;
(4) ‘‘Nonrecurring Expenses Fund’’, $12,440,000,000, only
from amounts appropriated by section 101(e) of the Fiscal
Responsibility Act of 2023 (Public Law 118–5); and
(5) ‘‘Departmental Management—Working Capital Fund’’,
$10,000,000.
(b) Of the unobligated balances from prior year appropriations
available to the Department of Justice, the following funds are
H. R. 4366—148
hereby permanently rescinded, not later than September 30, 2024,
from the following accounts in the specified amounts—
(1) ‘‘Federal Bureau of Investigation—Salaries and
Expenses’’, $367,700,000;
(2) ‘‘Federal Prison System—Buildings and Facilities’’,
$19,000,000;
(3) ‘‘State and Local Law Enforcement Activities—Office
on Violence Against Women—Violence Against Women Prevention and Prosecution Programs’’, $5,000,000;
(4) ‘‘State and Local Law Enforcement Activities—Office
of Justice Programs’’, $120,000,000; and
(5) ‘‘State and Local Law Enforcement Activities—Community Oriented Policing Services’’, $15,000,000.
(c) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently rescinded,
not later than September 30, 2024, from the following accounts
in the specified amounts—
(1) ‘‘Working Capital Fund’’, $131,572,000; and
(2)
‘‘Legal
Activities—Assets
Forfeiture
Fund’’,
$500,000,000.
(d) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2024,
specifying the amount of each rescission made pursuant to subsections (a), (b), and (c).
(e) The amounts rescinded in subsections (a), (b), and (c) shall
not be from amounts that were designated by the Congress as
an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
(f) The amounts rescinded pursuant to subsections (b) and
(c) shall not be from—
(1) amounts provided under subparagraph (Q) of paragraph
(1) under the heading ‘‘State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance’’ in title II of division B of Public Law 117–
103 or Public Law 117–328; or
(2) amounts provided under paragraph (7) under the
heading ‘‘State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing
Services Programs’’ in title II of division B of Public Law
117–103 or Public Law 117–328.
SEC. 522. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 523. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring
outside the United States unless—
(1) such conference is a law enforcement training or operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or
(2) such conference is a scientific conference and the department or agency head determines that such attendance is in
H. R. 4366—149
the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within
at least 15 days of that determination and the basis for that
determination.
SEC. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 525. To the extent practicable, funds made available in
this Act should be used to purchase light bulbs that are ‘‘Energy
Star’’ qualified or have the ‘‘Federal Energy Management Program’’
designation.
SEC. 526. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA), the Office of Science and Technology Policy (OSTP), or
the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless
such activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
H. R. 4366—150
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
H. R. 4366—151
(15 U.S.C. 3722) shall be allocated for assistance in persistent
poverty counties: Provided, That for purposes of this section, the
term ‘‘persistent poverty counties’’ means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1993 Small Area Income and
Poverty Estimates, the 2000 decennial census, and the most recent
Small Area Income and Poverty Estimates, or any Territory or
possession of the United States.
SEC. 534. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
SEC. 535. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
H. R. 4366—152
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 536. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any model
of shotgun if—
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
SEC. 537. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 538. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 539. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 540. (a) The remaining unobligated balances of funds
as of September 30, 2024, from amounts made available to ‘‘Office
of the United States Trade Representative—Salaries and Expenses’’
in section 540(a) of division B of the Consolidated Appropriations
Act, 2023 (Public Law 117–328) are hereby rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded pursuant to this subsection is hereby appropriated on
September 30, 2024, for an additional amount for fiscal year 2024,
H. R. 4366—153
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
H. R. 4366—154
and expenses, administration, and oversight of the Connecting
Minority Communities Pilot Program (as authorized by section 902
of division N of Public Law 116–260) and of the Broadband
Connectivity Infrastructure Program (as authorized by section
905(d) of division N of Public Law 116–260), regardless of the
heading under which such amounts were appropriated: Provided
further, That such amounts may be transferred between the appropriate accounts to carry out this section, in addition to authorities
included elsewhere in such Act: Provided further, That this section
shall not reduce the total allocation for any State under Program
Notices of Available Amounts dated June 30, 2023: Provided further,
That amounts transferred pursuant to this section may be obligated
only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of the planned use of funds: Provided further, That amounts
repurposed or transferred pursuant to this section that were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the Budget are designated
as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on
the budget for fiscal year 2022, and to legislation establishing
fiscal year 2024 budget enforcement in the House of Representatives.
SEC. 543. None of the funds made available by this Act may
be used to move the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) Canine Training Center or the ATF National
Canine Division from Front Royal, Virginia, to another location.
SEC. 544. (a) Section 507(d) of title 11, United States Code,
is amended by inserting ‘‘excluding subparagraph (F)’’ after ‘‘(a)(8)’’.
(b)(1) Except as provided in paragraph (2), the amendment
made by subsection (a) shall take effect on the date of the enactment
of this Act.
(2) The amendment made by subsection (a) shall not apply
with respect to cases commenced under title 11 of the United
States Code before the date of the enactment of this Act.
SEC. 545. Section 107(b)(2)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(C)) is amended by striking
‘‘total costs of the projects described in the application submitted’’
and inserting in its place ‘‘total project cost. In general, this project
match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote
victim recovery and reintegration into society, provided that these
contributions and expenditures are consistent with applicable grant
requirements and approved project scope’’.
SEC. 546. (a)(1)(A) Within 45 days of enactment of this Act,
the Secretary of Commerce shall allocate amounts made available
from the Creating Helpful Incentives to Produce Semiconductors
(CHIPS) for America Fund for fiscal year 2024 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022
(division A of Public Law 117–167), including the transfer authority
in such paragraphs of that section of that Act, to the accounts
specified, in the amounts specified, and for the projects and activities specified, in the table titled ‘‘Department of Commerce Allocation of National Institute of Standards and Technology Funds:
CHIPS Act Fiscal Year 2024’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
H. R. 4366—155
consolidated Act), and pursuant to the direction included in the
classified annex accompanying this Act.
(B) Not later than October 15, 2024, and notwithstanding subsection (b) of this section, the Secretary of Commerce shall allocate
from the amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for
fiscal year 2025 pursuant to paragraphs (1) and (2) of section
102(a) of the CHIPS Act of 2022 (division A of Public Law 117–
167), including the transfer authority in such paragraphs of that
section of that Act, to the account specified, in the amount specified,
and for the project and activity specified, in the table titled ‘‘Department of Commerce Allocation of National Institute of Standards
and Technology Funds: CHIPS Act Fiscal Year 2025’’ in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), and pursuant to the direction
included in the classified annex accompanying this Act.
(C) Not later than October 15, 2025, and notwithstanding subsection (b) of this section, the Secretary of Commerce shall allocate
from the amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for
fiscal year 2026 pursuant to paragraphs (1) and (2) of section
102(a) of the CHIPS Act of 2022 (division A of Public Law 117–
167), including the transfer authority in such paragraphs of that
section of that Act, to the accounts specified, in the amounts not
to exceed that specified, and for the projects and activities specified,
in the table titled ‘‘Department of Commerce Allocation of National
Institute of Standards and Technology Funds: CHIPS Act Fiscal
Year 2026’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), and
pursuant to the direction included in the classified annex accompanying this Act.
(2) Within 45 days of enactment of this Act, the Director of
the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal
year 2024 pursuant to section 102(d)(1) of the CHIPS Act of 2022
(division A of Public Law 117–167), to the account specified, in
the amounts specified, and for the projects and activities specified
in the table titled ‘‘National Science Foundation Allocation of Funds:
CHIPS Act Fiscal Year 2024’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under section
102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2)
of such Act if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Departments of
Commerce and Justice, Science, and Related Agencies: Provided,
That in any fiscal year, the matter preceding this proviso shall
not apply to the allocation, apportionment, or allotment of amounts
for continuing administration of programs allocated funds from
the CHIPS for America Fund, which may be allocated only in
amounts that are no more than the allocation for such purposes
in subsection (a) of this section.
(c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House
H. R. 4366—156
of Representatives and the Senate, and subject to the terms and
conditions in section 505 of this Act—
(1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of
Public Law 116–283 by subsection (a)(1) of this section; and
(2) the Director of the National Science Foundation may
reallocate funds allocated to the CHIPS for America Workforce
and Education Fund by subsection (a)(2) of this section.
(d) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Commerce and the
Director of the National Science Foundation, as appropriate, shall
each submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by account
and by program, project, or activity, with detailed justifications,
for amounts made available under section 102(a)(2) and section
102(d)(2) of the CHIPS Act of 2022 for fiscal year 2025.
(e) The Department of Commerce and the National Science
Foundation, as appropriate, shall each provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded by the CHIPS for America Fund for amounts allocated
pursuant to subsection (a)(1) of this section, and section 543(a)(1)
of division B of Public Law 117–328, the status of balances of
projects and activities funded by the Public Wireless Supply Chain
Innovation Fund for amounts allocated pursuant to section 543
(a)(2) of division B of Public Law 117–328, and the status of balances
of projects and activities funded by the CHIPS for America
Workforce and Education Fund for amounts allocated pursuant
to subsection (a)(2) of this section and section 543(a)(3) of division
B of Public Law 117–328, including all uncommitted, committed,
and unobligated funds.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2024’’.
H. R. 4366—157
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS
OF
ENGINEERS—CIVIL
The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
INVESTIGATIONS
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construction, $142,990,000, to remain available until expended: Provided,
That the Secretary shall not deviate from the work plan, once
the plan has been submitted to the Committees on Appropriations
of both Houses of Congress: Provided further, That of the unobligated balances from prior year appropriations available under this
heading, $11,413,000 is rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $1,854,688,000, to remain available until expended;
of which $114,775,000, to be derived from the Harbor Maintenance
Trust Fund, shall be to cover the Federal share of construction
H. R. 4366—158
costs for facilities under the Dredged Material Disposal Facilities
program; and of which such sums as are necessary to cover 35
percent of the costs of construction, replacement, rehabilitation,
and expansion of inland waterways projects shall be derived from
the Inland Waterways Trust Fund, except as otherwise specifically
provided for in law: Provided, That of the unobligated balances
from prior year appropriations available under this heading,
$9,678,000 is rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That of the unobligated balances
from amounts made available under this heading in division J
of the Infrastructure Investment and Jobs Act (Public Law 117–
58) for which spend plan allocations have not been announced
as of the date of enactment of this Act, $1,434,500,000 shall be
used, regardless of project purpose and in addition to amounts
otherwise made available for such purposes, for projects specified
in the table titled ‘‘Corps of Engineers—Construction’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and, when combined
with the amounts made available in the matter preceding the
first proviso under this heading, shall not in total exceed the amount
for any project as specified in such table: Provided further, That
projects receiving funds pursuant to the preceding proviso shall
be subject to the terms and conditions of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58): Provided further, That not later than 60 days after the date of enactment
of this Act, the Secretary shall submit directly to the Committees
on Appropriations of both Houses of Congress a work plan that
includes the amount that each project specified in the table titled
‘‘Corps of Engineers—Construction’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) will receive from amounts made available in the
matter preceding the first proviso under this heading and from
amounts repurposed pursuant to the third proviso under this
heading: Provided further, That the Secretary shall not deviate
from the work plan, once the plan has been submitted to the
Committees on Appropriations of both Houses of Congress: Provided
further, That amounts repurposed under this heading that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget are designated
as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on
the budget for fiscal year 2022, and to legislation establishing
fiscal year 2024 budget enforcement in the House of Representatives.
MISSISSIPPI RIVER AND TRIBUTARIES
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $368,037,000, to
remain available until expended, of which $6,057,000, to be derived
from the Harbor Maintenance Trust Fund, shall be to cover the
H. R. 4366—159
Federal share of eligible operation and maintenance costs for inland
harbors: Provided, That the Secretary shall not deviate from the
work plan, once the plan has been submitted to the Committees
on Appropriations of both Houses of Congress: Provided further,
That of the unobligated balances from prior year appropriations
available under this heading, $1,110,000 is rescinded: Provided
further, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to navigation, $5,552,816,000, to remain available until expended, of which
$2,650,168,000, to be derived from the Harbor Maintenance Trust
Fund, shall be to cover the Federal share of eligible operations
and maintenance costs for coastal harbors and channels, and for
inland harbors; of which such sums as become available from the
special account for the Corps of Engineers established by the Land
and Water Conservation Fund Act of 1965 shall be derived from
that account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas
at which outdoor recreation is available; of which such sums as
become available from fees collected under section 217 of Public
Law 104–303 shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for which
such fees have been collected; and of which $58,000,000, to be
derived from the general fund of the Treasury, shall be to carry
out subsection (c) of section 2106 of the Water Resources Reform
and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2) of
section 14003 of division B of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136): Provided, That 1
percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall
not be allocated to a field operating activity prior to the beginning
of the fourth quarter of the fiscal year and shall be available
for use by the Chief of Engineers to fund such emergency activities
as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used
for emergency activities proportionally in accordance with the
amounts provided for the programs, projects, or activities: Provided
further, That the Secretary shall not deviate from the work plan,
H. R. 4366—160
once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: Provided further, That of the
unobligated balances from prior year appropriations available under
this heading, $30,000 is rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $221,000,000, to
remain available until September 30, 2025.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $300,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
EXPENSES
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $216,000,000,
to remain available until September 30, 2025, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 7016(b)(3), $5,000,000, to remain
available until September 30, 2025: Provided, That not more than
75 percent of such amount may be obligated or expended until
H. R. 4366—161
the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), to specific programs,
projects, or activities: Provided further, That not more than 90
percent of such amounts made available under this heading shall
be available for obligation until the Assistant Secretary provides
in writing to the Committees on Appropriations of both Houses
of Congress recommendations for the appropriate level of design
during feasibility studies, the appropriate level of preconstruction
engineering and design required before a construction new start,
and how cost estimate classifications may best be adjusted for
changing environments.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $2,200,000, to remain available until
expended, for safety projects to maintain, upgrade, and repair dams
identified in the National Inventory of Dams with a primary owner
type of state, local government, public utility, or private: Provided,
That no project may be funded with amounts provided under this
heading for a dam that is identified as jointly owned in the National
Inventory of Dams and where one of those joint owners is the
Federal Government: Provided further, That amounts made available under this heading in this Act shall also be available for
projects to construct, maintain, upgrade, and repair levees and
ancillary features with a primary owner type of state, municipal,
county, private, or other non-Federal entity: Provided further, That
no project may be funded with amounts provided under this heading
for a levee unless the Secretary has certified in advance, in writing,
that the levee is not owned, in whole or in part, by the Federal
Government: Provided further, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the principal
amount of direct loans, including capitalized interest, and total
loan principal, including capitalized interest, any part of which
is to be guaranteed, not to exceed $440,000,000: Provided further,
That the use of direct loans or loan guarantee authority under
this heading for direct loans or commitments to guarantee loans
for any project shall be in accordance with the criteria published
in the Federal Register on June 30, 2020 (85 FR 39189) pursuant
to the fourth proviso under the heading ‘‘Water Infrastructure
Finance and Innovation Program Account’’ in division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116–
94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the
Office of Management and Budget have certified in advance in
writing that the direct loan or loan guarantee, as applicable, and
the project comply with the criteria referenced in the previous
proviso: Provided further, That any references to the Environmental
H. R. 4366—162
Protection Agency (EPA) or the Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the
Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: Provided further, That for the purposes of carrying out the Congressional Budget
Act of 1974, the Director of the Congressional Budget Office may
request, and the Secretary shall promptly provide, documentation
and information relating to a project identified in a Letter of
Interest submitted to the Secretary pursuant to a Notice of Funding
Availability for applications for credit assistance under the Water
Infrastructure Finance and Innovation Act Program, including with
respect to a project that was initiated or completed before the
date of enactment of this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of
the Water Infrastructure Finance and Innovation Act of 2014,
$5,000,000, to remain available until September 30, 2025.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFERS OF FUNDS)
SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2024, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
H. R. 4366—163
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
H. R. 4366—164
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.
H. R. 4366—165
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
H. R. 4366—166
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.
H. R. 4366—167
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $23,000,000, to remain available until
expended, of which $4,650,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,750,000
shall be available until September 30, 2025, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2024, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,990,000
for administrative expenses.
BUREAU
OF
RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,751,698,000, to remain available until expended, of which $1,051,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $7,584,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
$500,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus
Public Land Management Act of 2009, as amended (43 U.S.C.
510b(d)(1)): Provided further, That such transfers, except for the
transfer authorized by the preceding proviso, may be increased
or decreased within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation Fund,
the Water Storage Enhancement Receipts account established by
section 4011(e) of Public Law 114–322, or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be derived
from that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
H. R. 4366—168
sums appropriated under this heading: Provided further, That of
the amounts made available under this heading, $5,500,000 shall
be deposited in the San Gabriel Basin Restoration Fund established
by section 110 of title I of division B of appendix D of Public
Law 106–554: Provided further, That of the amounts provided
herein, funds may be used for high-priority projects which shall
be carried out by the Youth Conservation Corps, as authorized
by 16 U.S.C. 1706: Provided further, That within available funds,
$250,000 shall be for grants and financial assistance for educational
activities: Provided further, That in accordance with section 4007
of Public Law 114–322 and as recommended by the Secretary in
a letter dated July 25, 2023, funding provided for such purpose
in fiscal year 2023 and prior fiscal years shall be made available
to the Sites Reservoir Project.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, such sums as may be collected in fiscal
year 2024 in the Central Valley Project Restoration Fund pursuant
to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–
575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount
of the additional mitigation and restoration payments authorized
by section 3407(d) of Public Law 102–575: Provided further, That
none of the funds made available under this heading may be used
for the acquisition or leasing of water for in-stream purposes if
the water is already committed to in-stream purposes by a court
adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $33,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the six regions of the Bureau of Reclamation, to
remain available until September 30, 2025, $66,794,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377, of which not to exceed $5,000 may
be used for official reception and representation expenses: Provided,
That no part of any other appropriation in this Act shall be available
H. R. 4366—169
for activities or functions budgeted as policy and administration
expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase and replacement of not to exceed 30 motor vehicles,
which are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2024, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
H. R. 4366—170
(d) Except as provided in subsections (a) and (b), the amounts
made available in this title under the heading ‘‘Bureau of Reclamation—Water and Related Resources’’ shall be expended for the programs, projects, and activities specified in the ‘‘Final Bill’’ columns
in the ‘‘Water and Related Resources’’ table included under the
heading ‘‘Title II—Department of the Interior’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
(e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the
date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘$820,000,000’’ and inserting ‘‘$920,000,000’’.
SEC. 204. (a) Title I of Public Law 108–361 (the Calfed BayDelta Authorization Act) (118 Stat. 1681), as amended by section
204 of division D of Public Law 117–103, shall be applied by
substituting ‘‘2024’’ for ‘‘2022’’ each place it appears.
(b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed BayDelta Authorization Act) is amended by striking ‘‘$25,000,000’’ and
inserting ‘‘$30,000,000’’.
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) shall be applied by substituting ‘‘2024’’ for ‘‘2022’’.
SEC. 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be
applied by substituting ‘‘2024’’ for ‘‘2022’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting
‘‘2024’’ for ‘‘2022’’ and by substituting ‘‘$130,000,000’’ for
‘‘$120,000,000’’.
H. R. 4366—171
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’’.
H. R. 4366—172
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY
AND
RENEWABLE ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $3,460,000,000,
to remain available until expended: Provided, That of such amount,
$223,000,000 shall be available until September 30, 2025, for program direction.
CYBERSECURITY, ENERGY SECURITY,
AND
EMERGENCY RESPONSE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy sector cybersecurity, energy
security, and emergency response activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $200,000,000, to remain available until
expended: Provided, That of such amount, $28,000,000 shall be
available until September 30, 2025, for program direction.
ELECTRICITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $280,000,000, to remain available until
expended: Provided, That of such amount, $19,000,000 shall be
available until September 30, 2025, for program direction: Provided
further, That funds under this heading allocated for the purposes
of section 9 of the Small Business Act, as amended (15 U.S.C.
638), including for Small Business Innovation Research and Small
Business Technology Transfer activities, or for the purposes of
section 1001 of the Energy Policy Act of 2005, as amended (42
U.S.C. 16391(a)), for Technology Commercialization Fund activities,
may be reprogrammed without being subject to the restrictions
in section 301 of this Act.
GRID DEPLOYMENT
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for grid deployment in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
H. R. 4366—173
7191 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $60,000,000, to remain available until
expended: Provided, That of such amount, $6,000,000 shall be available until September 30, 2025, for program direction.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,685,000,000, to remain available until
expended: Provided, That of such amount, $90,000,000 shall be
available until September 30, 2025, for program direction: Provided
further, That for the purpose of section 954(a)(6) of the Energy
Policy Act of 2005, as amended, the only amount available shall
be from the amount specified as including that purpose in the
‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table included
under the heading ‘‘Title III—Department of Energy’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
FOSSIL ENERGY
AND
CARBON MANAGEMENT
For Department of Energy expenses necessary in carrying out
fossil energy and carbon management research and development
activities, under the authority of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
of interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and disposal
of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $865,000,000, to remain
available until expended: Provided, That of such amount
$70,000,000 shall be available until September 30, 2025, for program direction.
ENERGY PROJECTS
For Department of Energy expenses necessary in carrying out
community project funding activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$83,724,000, to remain available until expended, for projects specified in the table that appears under the heading ‘‘Congressionally
Directed Spending for Energy Projects’’ in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
NAVAL PETROLEUM
AND
OIL SHALE RESERVES
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,010,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
H. R. 4366—174
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $213,390,000, to remain available
until expended.
SPR PETROLEUM ACCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing
America’s Surface Transportation Act (42 U.S.C. 6241 note), and
section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C.
6241 note), $100,000, to remain available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $7,150,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$135,000,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $342,000,000, to
remain available until expended: Provided, That in addition, fees
collected pursuant to subsection (b)(1) of section 6939f of title 42,
United States Code, and deposited under this heading in fiscal
year 2024 pursuant to section 309 of title III of division C of
Public Law 116–94 are appropriated, to remain available until
expended, for mercury storage costs.
URANIUM ENRICHMENT DECONTAMINATION
FUND
AND
DECOMMISSIONING
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $855,000,000, to be derived from the Uranium Enrichment
H. R. 4366—175
Decontamination and Decommissioning Fund, to remain available
until expended, of which $0 shall be available in accordance with
title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, and purchase of not more than 35 passenger motor vehicles, $8,240,000,000, to remain available until
expended: Provided, That of such amount, $226,831,000 shall be
available until September 30, 2025, for program direction.
NUCLEAR WASTE DISPOSAL
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, $12,040,000,
to remain available until expended, which shall be derived from
the Nuclear Waste Fund.
TECHNOLOGY TRANSITIONS
For Department of Energy expenses necessary for carrying
out the activities of technology transitions, $20,000,000, to remain
available until expended: Provided, That of such amount,
$11,500,000 shall be available until September 30, 2025, for program direction.
CLEAN ENERGY DEMONSTRATIONS
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $50,000,000, to remain
available until expended: Provided, That of such amount,
$27,500,000 shall be available until September 30, 2025, for program direction.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $460,000,000, to remain available until
expended: Provided, That of such amount, $40,000,000 shall be
available until September 30, 2025, for program direction.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of
H. R. 4366—176
2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:
Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$70,000,000 is appropriated, to remain available until September
30, 2025: Provided further, That up to $70,000,000 of fees collected
in fiscal year 2024 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2025:
Provided further, That to the extent that fees collected in fiscal
year 2024 exceed $70,000,000, those excess amounts shall be credited as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such fees are received
during fiscal year 2024 (estimated at $70,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2024
appropriation from the general fund estimated at $0: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.8 of title 10, Code of Federal Regulations.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $13,000,000, to remain available until September
30, 2025.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$6,300,000, to remain available until September 30, 2025.
INDIAN ENERGY POLICY
AND
PROGRAMS
For necessary expenses for Indian Energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), $70,000,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, $14,000,000 shall be available until September 30, 2025,
for program direction.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $387,078,000, to remain available until September 30,
2025, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
H. R. 4366—177
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $100,578,000 in fiscal year 2024 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
from the general fund estimated at not more than $286,500,000.
OFFICE
OF THE INSPECTOR
GENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $86,000,000, to remain available until September 30, 2025.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$19,108,000,000, to remain available until expended: Provided, That
of such amount, $118,056,000 shall be available until September
30, 2025, for program direction.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,581,000,000, to remain available until expended.
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,946,000,000, to remain available until expended, of which,
H. R. 4366—178
$92,800,000 shall be transferred to ‘‘Department of Energy—Energy
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Provided, That of such amount made available under this heading,
$61,540,000 shall be available until September 30, 2025, for program direction.
FEDERAL SALARIES
AND
EXPENSES
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $500,000,000, to
remain available until September 30, 2025, including official reception and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$7,285,000,000, to remain available until expended: Provided, That
of such amount, $326,893,000 shall be available until September
30, 2025, for program direction.
DEFENSE URANIUM ENRICHMENT DECONTAMINATION
DECOMMISSIONING
AND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions
for uranium enrichment decontamination and decommissioning
activities, $285,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the ‘‘Uranium Enrichment Decontamination and Decommissioning Fund’’.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or expansion, $1,080,000,000, to remain available until
expended: Provided, That of such amount, $381,593,000 shall be
available until September 30, 2025, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
H. R. 4366—179
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2024, no new direct loan
obligations may be made.
OPERATION
AND
MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $8,449,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $8,449,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $71,850,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
OPERATION
AND
MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $52,326,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$40,886,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2024 appropriation estimated
at not more than $11,440,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act
H. R. 4366—180
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $313,289,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $313,289,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $213,417,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2024 appropriation
estimated at not more than $99,872,000, of which $99,872,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $475,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
FALCON
AND
AMISTAD OPERATING
AND
MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $3,425,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $3,197,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
H. R. 4366—181
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2024 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2024, the Administrator of the Western Area Power Administration may accept up to $1,872,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $520,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $520,000,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2024 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2024 so as to result
in a final fiscal year 2024 appropriation from the general fund
estimated at not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS OF FUNDS)
SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
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(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) provide nonoperational funding through a competition
restricted only to Department of Energy National Laboratories
totaling $1,000,000 or more;
(D) provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or
more;
(E) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A),
(B), (C), or (D); or
(F) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A), (B), (C), or (D).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
H. R. 4366—183
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 302. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 303. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 304. None of the funds made available in this title may
be used to support a grant allocation award, discretionary grant
award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal
independent project management procedures.
SEC. 305. No funds shall be transferred directly from ‘‘Department of Energy—Power Marketing Administration—Colorado River
Basins Power Marketing Fund, Western Area Power Administration’’ to the general fund of the Treasury in the current fiscal
year.
SEC. 306. Only $35,000,000 of the amounts made available
in this Act under the heading ‘‘Weapons Activities’’ for W80–4
Alteration-SLCM, as specified in the ‘‘Final Bill’’ column in the
‘‘Department of Energy’’ table included under the heading ‘‘Title
III—Department of Energy’’ in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), shall be available for obligation until 15 days after the date
on which the Administrator of the National Nuclear Security
H. R. 4366—184
Administration certifies in writing to the Committees on Appropriations of both Houses of Congress that the Administrator is in
compliance with the requirements of subsection (c) and subsection
(d) of section 1642 of the National Defense Authorization Act for
Fiscal Year 2023 (Public Law 117–263).
SEC. 307. (a) Of the unobligated balances of amounts made
available to the Department of Energy under each heading in
title III of division J of Public Law 117–58, an amount equal
to the amount transferred from each such heading as of September
30, 2023, pursuant to section 303 of Public Law 117–58 shall
be transferred not later than 15 days after the date of enactment
of this Act to the Office of the Inspector General of the Department
of Energy to oversee the funds made available to the Department
of Energy in Public Law 117–58: Provided, That any amounts
so transferred that were previously designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and to
legislation establishing fiscal year 2024 budget enforcement in the
House of Representatives.
(b) As of the date of enactment of this Act, of the amounts
made available to the Department of Energy under each of sections
50121, 50141, 50142, 50143, 50144, 50145, 50151, 50152, 50153,
and 50161 of Public Law 117–169, two-tenths of one percent of
such amounts shall be transferred to the Office of the Inspector
General of the Department of Energy to oversee the funds made
available to the Department of Energy in Public Law 117–169:
Provided, That amounts so transferred shall be derived from the
unobligated balances of amounts under each such section.
(c) Section 303 of Public Law 117–58 is amended by striking
‘‘through 2026’’ and inserting ‘‘and 2023, and two-tenths of such
amounts made available in each of fiscal years 2024 through 2026’’:
Provided, That amounts repurposed pursuant to the amendments
made by this subsection that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.
SEC. 308. (a) Notwithstanding sections 161 and 167 of the
Energy Policy and Conservation Act (42 U.S.C. 6241, 6247), the
Secretary of Energy shall draw down and sell one million barrels
of refined petroleum product from the Strategic Petroleum Reserve
during fiscal year 2024.
(b) All proceeds from such sale shall be deposited into the
general fund of the Treasury during fiscal year 2024.
(c) Upon the completion of such sale, the Secretary shall carry
out the closure of the Northeast Gasoline Supply Reserve.
(d)(1) The Secretary of Energy may not establish any new
regional petroleum product reserve unless funding for the proposed
regional petroleum product reserve is explicitly requested in
advance in an annual budget submitted by the President pursuant
to section 1105 of title 31, United States Code, and approved by
the Congress in an appropriations Act.
(2) The budget request or notification shall include—
H. R. 4366—185
(A) the justification for the new reserve;
(B) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(C) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(D) the location of the reserve; and
(E) the estimate of the total inventory of the reserve.
SEC. 309. None of the funds made available by this Act may
be used to draw down and sell petroleum products from the Strategic Petroleum Reserve (1) to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or
(2) except on condition that such petroleum products will not be
exported to the People’s Republic of China.
SEC. 310. (a) None of the funds made available by this Act
may be used by the Secretary of Energy to award any grant,
contract, cooperative agreement, or loan of $10,000,000 or greater
to an entity of concern as defined in section 10114 of division
B of Public Law 117–167.
(b) The Secretary shall implement the requirements under subsection (a) using a risk-based approach and analytical tools to
aggregate, link, analyze, and maintain information reported by
an entity seeking or receiving such funds made available by this
Act.
(c) This section shall be applied in a manner consistent with
the obligations of the United States under applicable international
agreements.
(d) The Secretary shall have the authority to require the
submission to the agency, by an entity seeking or receiving such
funds made available by this Act, documentation necessary to implement the requirements under subsection (a).
(e) Chapter 35 of title 44, United States Code (commonly known
as the ‘‘Paperwork Reduction Act’’), shall not apply to the
implementation of the requirements under this section.
(f) The Secretary and other Federal agencies shall coordinate
to share relevant information necessary to implement the requirements under subsection (a).
SEC. 311. (a) Of the unobligated amounts available under the
heading ‘‘Department of Energy—Energy Programs—Nuclear
Energy’’ in division J of the Infrastructure Investment and Jobs
Act (Public Law 117–58) for fiscal years 2023, 2024, 2025, and
2026 the following shall be available, in addition to amounts otherwise made available for these purposes:
(1)(A) $500,000,000 for not more than two competitive
awards for commercial utility deployment projects for a grid
scale Generation 3+ small modular reactor design pursuant
to section 959A of the Energy Policy Act of 2005, of which
$200,000,000 shall be available in fiscal year 2024 and
$300,000,000 shall be available in fiscal year 2025; and
(B) up to $300,000,000 for the not more than two awards
made under subparagraph (A) shall be available in fiscal year
2026.
(2) $100,000,000 for one or more competitive awards to
support design, licensing, supplier development, and site
preparation of a grid-scale Generation 3+ reactor design under
the Advanced Small Modular Reactor RD&D program.
(3)(A) $50,000,000 for university and college-based nuclear
reactor safety training as authorized by law, including section
H. R. 4366—186
31 of the Atomic Energy Act of 1954, section 4 of the Nuclear
Safety, Research, Demonstration, and Development Act of 1980,
and section 10745 of the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167);
and
(B) up to $50,000,000 for the training under subparagraph
(A) shall be available in fiscal year 2025.
(b) Provided further, That amounts repurposed pursuant to
this section that were previously designated by the Congress as
an emergency requirement pursuant to a concurrent resolution
on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and to
legislation establishing fiscal year 2024 budget enforcement in the
House of Representatives.
SEC. 312. (a) Of the unobligated balances from amounts previously appropriated under the heading ‘‘Department of Energy—
Energy Programs—Nuclear Energy’’ in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) that were made
available for fiscal years 2022, 2023, and 2024, up to $2,720,000,000
shall be available, in addition to amounts otherwise available, for
necessary expenses to carry out the Nuclear Fuel Security Act
of 2023 (section 3131 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118–31)): Provided, That if insufficient unobligated balances are available from such fiscal year 2022,
2023, and 2024 amounts to fund a total amount for such purpose
of up to $2,720,000,000, then up to $800,000,000 from amounts
previously appropriated under the heading ‘‘Department of
Energy—Energy Programs—Nuclear Energy’’ in division J of the
Infrastructure Investment and Jobs Act (Public Law 117–58) that
are made available for fiscal year 2025 may be made available,
in addition to amounts otherwise available, for such purpose to
meet such total amount: Provided further, That amounts repurposed
pursuant to this section may be transferred to ‘‘Department of
Energy—Energy Programs—American Energy Independence Fund’’
in either fiscal year 2024 or fiscal year 2025: Provided further,
That the Secretary of Energy may use the amounts repurposed,
transferred, or otherwise made available pursuant to this section
to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, as authorized by section 646(a)
of the Department of Energy Organization Act (42 U.S.C. 7256(a)),
for such periods of time and subject to such terms and conditions
as the Secretary deems appropriate, without regard to section 161(u)
of the Atomic Energy Act of 1954 (42 U.S.C. 2201(u)): Provided
further, That notwithstanding 31 U.S.C. 3302, receipts from the
sale or transfer of LEU and HALEU or from any other transaction
in connection with the amounts repurposed, transferred, or otherwise made available pursuant to this section shall hereafter be
credited to the ‘‘American Energy Independence Fund’’ as discretionary offsetting collections and shall be available, for the same
purposes as funds repurposed or transferred pursuant to this section, to the extent and in the amounts provided in advance in
appropriations Acts: Provided further, That receipts may hereafter
be collected from transactions entered into pursuant to section
2001(a)(2)(F)(iii) of the Energy Act of 2020 (42 U.S.C.
16281(a)(2)(F)(iii)) and, notwithstanding 31 U.S.C. 3302, receipts
H. R. 4366—187
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 upfront obligation is recorded in full at that time: Provided further,
That amounts repurposed or transferred pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the Budget
are designated as an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House
of Representatives.
(b) Amounts may not be repurposed or transferred pursuant
to this section until a law is enacted or administrative action
is taken to prohibit or limit importation of LEU and HALEU
from the Russian Federation or by a Russian entity into the United
States.
(c) The Nuclear Fuel Security Act of 2023 (section 3131 of
the National Defense Authorization Act for Fiscal Year 2024 (Public
Law 118–31)) is amended—
(1) in subsections (f)(1)(B)(i) and (h)(4)(B)(i) to read as
follows—
‘‘(i) may not make commitments under this subsection (including cooperative agreements (used in
accordance with section 6305 of title 31, United States
Code), purchase agreements, guarantees, leases,
service contracts, or any other type of commitment)
for the purchase or other acquisition of HALEU or
LEU unless funds are specifically provided for those
purposes in advance in appropriations Acts enacted
after the date of enactment of this Act; and’’.
(2) in subjection (j) to read as follows—
‘‘(j) REASONABLE COMPENSATION.—In carrying out activities
under this section, the Secretary shall ensure that any LEU and
HALEU made available by the Secretary under 1 or more of the
Programs is subject to reasonable compensation, taking into account
the fair market value of the LEU or HALEU and the purposes
of this section.’’.
SEC. 313. (a) Subject to subsection (b), none of the funds made
available to the Department of Energy in this or any other Act,
including prior Acts and Acts other than appropriations Acts, may
be used to pay the salaries and expenses of any contractor detailed
to a Congressional Committee or Member Office or to the Executive
Branch for longer than a 24-month period, to perform a scope
of work, or participate in any matter, with the intent to influence
decisions or determinations regarding a Department of Energy
National Laboratory, or participate in any matter that may have
H. R. 4366—188
a direct and predictable effect on the contractor’s employer or personal financial interest: Provided, That with respect to contractors
detailed to a Congressional Committee or Member Office or to
the Executive Branch as of the date of enactment of this Act,
the initial 24-month period described in this subsection shall be
deemed to have begun on the later of the date on which such
contractor was detailed or the date that is 12 months before the
date of enactment of this Act.
(b) For the purposes of this section, the term ‘‘contractor’’ is
defined to mean any contracted employee of a Department of Energy
National Laboratory, as defined by section 2 (3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
SEC. 314. (a) The fifty-first proviso under the heading ‘‘Energy
Efficiency and Renewable Energy’’ in title III of division J of Public
Law 117–58 is amended by striking ‘‘three percent’’ each place
it appears and inserting ‘‘five percent’’.
(b) The eighth proviso under the heading ‘‘Cybersecurity,
Energy Security, and Emergency Response’’ in title III of division
J of Public Law 117–58 is amended by striking ‘‘three percent’’
each place it appears and inserting ‘‘five percent’’.
(c) The tenth proviso under the heading ‘‘Electricity’’ in title
III of division J of Public Law 117–58 is amended by striking
‘‘three percent’’ each place it appears and inserting ‘‘five percent’’.
(d) The twenty-second proviso under the heading ‘‘Fossil Energy
and Carbon Management’’ in title III of division J of Public Law
117–58 is amended by striking ‘‘three percent’’ each place it appears
and inserting ‘‘five percent’’.
(e) The twenty-sixth proviso under the heading ‘‘Office of Clean
Energy Demonstrations’’ in title III of division J of Public Law
117–58 is amended by striking ‘‘three percent’’ each place it appears
and inserting ‘‘five percent’’.
(f) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the Budget are designated
as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on
the budget for fiscal year 2022, and to legislation establishing
fiscal year 2024 budget enforcement in the House of Representatives.
H. R. 4366—189
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
and for expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment
of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire
of passenger motor vehicles, $200,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $42,000,000, to remain available until September 30, 2025,
of which not to exceed $1,000 shall be available for official reception
and representation expenses.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $31,100,000, to remain available until
expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $17,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That notwithstanding the limitations contained in section 307(c)
of the Denali Commission Act of 1998, as amended, funds shall
be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to
exceed 90 percent of total project cost for distressed communities,
as defined by such section and by section 701 of appendix D,
title VII, Public Law 106–113 (113 Stat. 1501A–280), and for Indian
Tribes, as defined by section 5304(e) of title 25, United States
Code, and in an amount not to exceed 50 percent for non-distressed
communities: Provided further, That notwithstanding any other
provision of law regarding payment of a non-Federal share in
connection with a grant-in-aid program, amounts under this heading
shall be available for the payment of such a non-Federal share
for any project for which the Denali Commission is not the sole
H. R. 4366—190
or primary funding source, provided that such project is consistent
with the purposes of the Commission.
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $41,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $20,000,000, to remain available
until expended.
SOUTHWEST BORDER REGIONAL COMMISSION
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $5,000,000, to remain available
until expended.
GREAT LAKES AUTHORITY
For expenses necessary for the Great Lakes Authority in carrying out activities authorized by subtitle V of title 40, United
States Code, $5,000,000, to remain available until expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $928,317,580, including official representation expenses not to exceed $30,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $10,350,720 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2025: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $794,341,580 in fiscal year
2024 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at not more than $133,976,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $15,769,000, to remain available until September 30, 2025:
Provided, That revenues from licensing fees, inspection services,
H. R. 4366—191
and other services and collections estimated at $12,655,000 in fiscal
year 2024 shall be retained and be available until September 30,
2025, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2024 so as
to result in a final fiscal year 2024 appropriation estimated at
not more than $3,114,000: Provided further, That of the amounts
appropriated under this heading, $1,520,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$4,064,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2025.
GENERAL PROVISIONS—INDEPENDENT AGENCIES
SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information, consistent with Department of Justice guidance for
all Federal agencies.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
H. R. 4366—192
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
H. R. 4366—193
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
SEC. 504. None of the funds appropriated or otherwise made
available by this Act may be used to admit any non-US citizen
from Russia or China to any nuclear weapons production facility,
as such term is defined in section 4002 of the Atomic Energy
Defense Act, other than areas accessible to the general public,
unless 30 days prior to facility admittance, the Department of
H. R. 4366—194
Energy provides notification to the Committees on Appropriations
and Armed Services of both Houses of Congress.
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2024’’.
H. R. 4366—195
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,294,916,000, to remain available
until September 30, 2025; of which $55,000,000 for annual maintenance and deferred maintenance programs and $141,972,000 for
the wild horse and burro program, as authorized by Public Law
92–195 (16 U.S.C. 1331 et seq.), shall remain available until
expended: Provided, That amounts in the fee account of the BLM
Permit Processing Improvement Fund may be used for any bureaurelated expenses associated with the processing of oil and gas
applications for permits to drill and related use of authorizations:
Provided further, That of the amounts made available under this
heading, up to $1,000,000 may be made available for the purposes
described in section 122(e)(1)(A) of division G of Public Law 115–
31 (43 U.S.C. 1748c(e)(1)(A)): Provided further, That of the amounts
made available under this heading, not to exceed $15,000 may
be for official reception and representation expenses: Provided further, That of the amounts made available under this heading,
$150,000 is for projects specified for Land Management Priorities
in the table titled ‘‘Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that
are hereby authorized for fiscal year 2024, so as to result in a
final appropriation estimated at not more than $1,294,916,000,
and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost
of administering communication site activities.
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
H. R. 4366—196
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $115,521,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 2605).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315b, 315m) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary of the Interior to improve, protect, or
rehabilitate any public lands administered through the Bureau
of Land Management which have been damaged by the action
of a resource developer, purchaser, permittee, or any unauthorized
person, without regard to whether all moneys collected from each
such action are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that are in
excess of amounts needed to repair damage to the exact land
for which funds were collected may be used to repair other damaged
public lands.
H. R. 4366—197
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94–579 (43 U.S.C.
1737), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)),
to remain available until expended.
ADMINISTRATIVE PROVISIONS
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements, and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis.
UNITED STATES FISH
AND
WILDLIFE SERVICE
RESOURCE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,520,273,000, to
remain available until September 30, 2025, of which not to exceed
$15,000 may be for official reception and representation expenses:
Provided, That not to exceed $22,000,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing
petitions, developing and issuing proposed and final regulations,
and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of such section): Provided
further, That of the amount appropriated under this heading,
$44,920,000, to remain available until September 30, 2026, shall
be for projects specified for Stewardship Priorities in the table
titled ‘‘Interior and Environment Incorporation of Community
H. R. 4366—198
Project Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That amounts in the preceding proviso may
be transferred to the appropriate program, project, or activity under
this heading and shall continue to only be available for the purposes
and in such amounts as such funds were originally appropriated.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$19,280,000, to remain available until expended.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $23,000,000, to remain available until expended, to be derived from the Cooperative Endangered
Species Conservation Fund.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$49,000,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to
remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$20,500,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
H. R. 4366—199
$72,384,000, to remain available until expended: Provided, That
of the amount provided herein, $6,100,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $7,284,000 is
for a competitive grant program to implement approved plans for
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting
$13,384,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary of the Interior shall apportion the
remaining amount in the following manner: (1) one-third of which
is based on the ratio to which the land area of such State bears
to the total land area of all such States; and (2) two-thirds of
which is based on the ratio to which the population of such State
bears to the total population of all such States: Provided further,
That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum
which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5
percent of such amount: Provided further, That the Federal share
of planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such projects:
Provided further, That the non-Federal share of such projects may
not be derived from Federal grant programs: Provided further,
That any amount apportioned in 2024 to any State, territory, or
other jurisdiction that remains unobligated as of September 30,
2025, shall be reapportioned, together with funds appropriated in
2026, in the manner provided herein.
ADMINISTRATIVE PROVISIONS
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the
purchase of land at not to exceed one dollar for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
H. R. 4366—200
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
Park Service, $2,888,424,000, of which $11,661,000 for planning
and interagency coordination in support of Everglades restoration
and $110,980,000 for maintenance, repair, or rehabilitation projects
for constructed assets and $188,184,000 for cyclic maintenance
projects for constructed assets and cultural resources and
$10,000,000 for uses authorized by section 101122 of title 54, United
States Code shall remain available until September 30, 2025, and
not to exceed $15,000 may be for official reception and representative expenses: Provided, That funds appropriated under this heading
in this Act are available for the purposes of section 5 of Public
Law 95–348: Provided further, That notwithstanding section 9 of
the 400 Years of African-American History Commission Act (36
U.S.C. note prec. 101; Public Law 115–102), $3,300,000 of the
funds provided under this heading shall be made available for
the purposes specified by that Act: Provided further, That sections
7(b) and 8 of that Act shall be amended by striking ‘‘July 1,
2024’’ and inserting ‘‘July 1, 2025’’.
In addition, for purposes described in section 2404 of Public
Law 116–9, an amount equal to the amount deposited in this
fiscal year into the National Park Medical Services Fund established
pursuant to such section of such Act, to remain available until
expended, shall be derived from such Fund.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $91,233,000,
to remain available until September 30, 2025, of which $1,640,000
shall be for projects specified for Statutory and Contractual Aid
in the table titled ‘‘Interior and Environment Incorporation of
Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
H. R. 4366—201
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $188,666,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2025, of which
$25,500,000 shall be for Save America’s Treasures grants for
preservation of nationally significant sites, structures and artifacts
as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual
Save America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to be
funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $1,250,000 is for competitive grants for the
survey and nomination of properties to the National Register of
Historic Places and as National Historic Landmarks associated
with communities currently under-represented, as determined by
the Secretary; $24,000,000 is for competitive grants to preserve
the sites and stories of the African American Civil Rights movement;
$5,000,000 is for competitive grants to preserve sites related to
the struggle of all people to achieve equal rights in America;
$11,000,000 is for grants to Historically Black Colleges and Universities; $12,500,000 is for competitive grants for the restoration
of historic properties of national, State, and local significance listed
on or eligible for inclusion on the National Register of Historic
Places, to be made without imposing the usage or direct grant
restrictions of section 101(e)(3) (54 U.S.C. 302904) of the National
Historic Preservation Act; $7,000,000 is for a competitive grant
program to honor the semiquincentennial anniversary of the United
States by restoring and preserving sites and structures listed on
the National Register of Historic Places that commemorate the
founding of the nation; and $19,766,000 is for projects specified
for the Historic Preservation Fund in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That such competitive grants shall be made without
imposing the matching requirements in section 302902(b)(3) of title
54, United States Code to States and Indian tribes as defined
in chapter 3003 of such title, Native Hawaiian organizations, local
governments, including Certified Local Governments, and non-profit
organizations.
CONSTRUCTION
For construction, improvements, repair, or replacement of physical facilities, and related equipment, and compliance and planning
for programs and areas administered by the National Park Service,
$172,255,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, for any project initially
funded in fiscal year 2024 with a future phase indicated in the
National Park Service 5–Year Line Item Construction Plan, a single
procurement may be issued which includes the full scope of the
project: Provided further, That the solicitation and contract shall
H. R. 4366—202
contain the clause availability of funds found at 48 CFR 52.232–
18: Provided further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the original
scope of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the Secretary
of the Interior shall consult with the Committees on Appropriations,
in accordance with current reprogramming thresholds, prior to
making any charges authorized by this section.
CENTENNIAL CHALLENGE
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $12,000,000, to remain available until expended,
for Centennial Challenge projects and programs: Provided, That
not less than 50 percent of the total cost of each project or program
shall be derived from non-Federal sources in the form of donated
cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a subaccount shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory Interest
or leasehold surrender interest. Such funds may only be used for
this purpose to the extent that the benefitting unit anticipated
franchise fee receipts over the term of the contract at that unit
exceed the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 203. Transfers may include
a reasonable amount for FHWA administrative support costs.
Of the unobligated balances from amounts made available for
fiscal year 2021 or prior fiscal years under the heading ‘‘National
Park Service—Construction’’, $18,500,000 is permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Of the unobligated balances from amounts made available
under the heading ‘‘National Park Service—Construction’’ in division G of the Consolidated Appropriations Act, 2023 (Public Law
H. R. 4366—203
117–328), $9,000,000 is permanently rescinded from amounts made
available for equipment replacement under such heading, as specified in the explanatory statement described in section 4 of the
matter preceding division A of such Act.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,455,434,000, to remain available until
September 30, 2025; of which $95,334,000 shall remain available
until expended for satellite operations; and of which $74,840,000
shall be available until expended for deferred maintenance and
capital improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the
amount appropriated under this heading, $5,237,000 shall be for
projects specified for Special Initiatives in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That amounts in the preceding proviso may be transferred
to the appropriate program, project, or activity under this heading
and shall continue to only be available for the purposes and in
such amounts as such funds were originally appropriated: Provided
further, That of the amount appropriated under this heading, not
to exceed $15,000 may be for official reception and representation
expenses.
ADMINISTRATIVE PROVISIONS
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
H. R. 4366—204
stations, observation wells, and seismic equipment; expenses of
the United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in the
negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements (including noncompetitive cooperative agreements with
tribes) as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may
enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students or recent graduates, who shall be considered
employees for the purpose of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purposes.
BUREAU
OF
OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
For expenses necessary for granting and administering leases,
easements, rights-of-way, and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf and approving operations related thereto, as
authorized by law; for environmental studies, as authorized by
law; for implementing other laws and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $211,162,000, of which $155,162,000 is to
remain available until September 30, 2025, and of which
$56,000,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by
the Secretary of the Interior and credited to this appropriation
from additions to receipts resulting from increases to lease rental
rates in effect on August 5, 1993, and from cost recovery fees
from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein appropriated shall
be reduced as such collections are received during the fiscal year,
so as to result in a final fiscal year 2024 appropriation estimated
at not more than $155,162,000: Provided further, That not to exceed
$3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided
further, That not to exceed $5,000 shall be available for official
reception and representation expenses.
BUREAU
OF
SAFETY
AND
ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way, and agreements for use for
oil and gas, other minerals, energy, and marine-related purposes
on the Outer Continental Shelf, as authorized by law; for enforcing
H. R. 4366—205
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $167,330,000,
of which $136,450,000, including not to exceed $3,000 for official
reception and representation expenses, is to remain available until
September 30, 2025, and of which $30,880,000 is to remain available
until expended, including $2,880,000 for offshore decommissioning
activities: Provided, That this total appropriation shall be reduced
by amounts collected by the Secretary of the Interior and credited
to this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau
of Safety and Environmental Enforcement pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further,
That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a
final fiscal year 2024 appropriation estimated at not more than
$139,330,000.
For an additional amount, $38,000,000, to remain available
until expended, to be reduced by amounts collected by the Secretary
and credited to this appropriation, which shall be derived from
non-refundable inspection fees collected in fiscal year 2024, as provided in this Act: Provided, That for fiscal year 2024, not less
than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund
personnel and mission-related costs to expand capacity and expedite
the orderly development, subject to environmental safeguards, of
the Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the review
of applications for permits to drill.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016; title
IV, sections 4202 and 4303; title VII; and title VIII, section 8201
of the Oil Pollution Act of 1990, $15,099,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE
OF
SURFACE MINING RECLAMATION
AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, $116,186,000, to remain available until September 30, 2025,
of which $62,400,000 shall be available for State and tribal regulatory grants, and of which not to exceed $5,000 may be for official
reception and representation expenses: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement
may provide for the travel and per diem expenses of State and
tribal personnel attending Office of Surface Mining Reclamation
and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95–
87 (30 U.S.C. 1257), $40,000, to remain available until expended:
Provided, That fees assessed and collected by the Office pursuant
H. R. 4366—206
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as collections are received during the fiscal year,
so as to result in a fiscal year 2024 appropriation estimated at
not more than $116,186,000.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
$32,546,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of
the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
funds made available under title IV of Public Law 95–87 may
be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training:
Provided further, That of the amounts provided under this heading,
not to exceed $5,000 shall be available for official reception and
representation expenses.
In addition, $130,000,000, to remain available until expended,
for payments to States and federally recognized Indian tribes for
reclamation of abandoned mine lands and other related activities
in accordance with the terms and conditions described in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That such
additional amount shall be used for economic and community
development in conjunction with the priorities described in section
403(a) of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1233(a)): Provided further, That of such additional
amount, $86,000,000 shall be distributed in equal amounts to the
three Appalachian States with the greatest amount of unfunded
needs to meet the priorities described in paragraphs (1) and (2)
of such section, $33,000,000 shall be distributed in equal amounts
to the three Appalachian States with the subsequent greatest
amount of unfunded needs to meet such priorities, and $11,000,000
shall be for grants to federally recognized Indian tribes, without
regard to their status as certified or uncertified under the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)),
for reclamation of abandoned mine lands and other related activities
in accordance with the terms and conditions described in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) and shall be used for
economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such payments shall be
made to States and federally recognized Indian tribes not later
H. R. 4366—207
than 90 days after the date of the enactment of this Act: Provided
further, That if payments have not been made by the date specified
in the preceding proviso, the amount appropriated for salaries and
expenses under the heading ‘‘Office of Surface Mining Reclamation
and Enforcement’’ shall be reduced by $100,000 per day until such
payments have been made.
INDIAN AFFAIRS
BUREAU
OF INDIAN
AFFAIRS
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
$1,898,550,000, to remain available until September 30, 2025,
except as otherwise provided herein; of which not to exceed $15,000
may be for official reception and representation expenses; of which
not to exceed $78,494,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments
from the amounts provided herein, to provide for disaster relief
to Indian communities affected by the disaster: Provided further,
That federally recognized Indian tribes and tribal organizations
of federally recognized Indian tribes may use their tribal priority
allocations for unmet welfare assistance costs: Provided further,
That not to exceed $69,995,000 shall remain available until
expended for housing improvement, road maintenance, land acquisition, attorney fees, litigation support, land records improvement,
hearings and appeals, and the Navajo-Hopi Settlement Program:
Provided further, That of the amount appropriated under this
heading, $841,000 shall be for projects specified for Special Initiatives (CDS) in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed
Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That any forestry funds
allocated to a federally recognized tribe which remain unobligated
as of September 30, 2025, may be transferred during fiscal year
2026 to an Indian forest land assistance account established for
the benefit of the holder of the funds within the holder’s trust
fund account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2026: Provided
further, That in order to enhance the safety of Bureau field
employees, the Bureau may use funds to purchase uniforms or
other identifying articles of clothing for personnel: Provided further,
That not to exceed $7,096,000 of funds made available under this
heading may, as needed, be transferred to ‘‘Office of the Secretary—
Departmental Operations’’ for trust, probate, and administrative
functions: Provided further, That the Bureau of Indian Affairs may
accept transfers of funds from United States Customs and Border
Protection to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs
H. R. 4366—208
as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
INDIAN LAND CONSOLIDATION
For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act
Amendments of 2000 (Public Law 106–462), and the American
Indian Probate Reform Act of 2004 (Public Law 108–374),
$4,000,000, to remain available until expended: Provided, That
any provision of the Indian Land Consolidation Act Amendments
of 2000 (Public Law 106–462) that requires or otherwise relates
to application of a lien shall not apply to the acquisitions funded
herein.
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs
and the Bureau of Indian Education for fiscal year 2024, such
sums as may be necessary, which shall be available for obligation
through September 30, 2025: Provided, That notwithstanding any
other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
PAYMENTS FOR TRIBAL LEASES
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024,
such sums as may be necessary, which shall be available for obligation through September 30, 2025: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483; $133,780,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That any funds provided for the Safety of Dams program
pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall
be made available on a nonreimbursable basis: Provided further,
That this appropriation may be reimbursed from the Bureau of
Trust Funds Administration appropriation for the appropriate share
of construction costs for space expansion needed in agency offices
to meet trust reform implementation: Provided further, That of
the funds made available under this heading, $10,000,000 shall
be derived from the Indian Irrigation Fund established by section
H. R. 4366—209
3211 of the WIIN Act (Public Law 114–322; 130 Stat. 1749): Provided further, That amounts provided under this heading are made
available for the modernization of Federal field communication
capabilities, in addition to amounts otherwise made available for
such purpose.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, and 101–618, and for implementation
of other land and water rights settlements, $976,000, to remain
available until expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans and insured loans, $13,329,000,
to remain available until September 30, 2025, of which $2,125,000
is for administrative expenses, as authorized by the Indian
Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal, any
part of which is to be guaranteed or insured, not to exceed
$185,707,188.
BUREAU
OF INDIAN
EDUCATION
OPERATION OF INDIAN EDUCATION PROGRAMS
For expenses necessary for the operation of Indian education
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001–2019), and
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $1,131,617,000 to remain available until September 30, 2025,
except as otherwise provided herein: Provided, That federally recognized Indian tribes and tribal organizations of federally recognized
Indian tribes may use their tribal priority allocations for unmet
welfare assistance costs: Provided further, That not to exceed
$833,592,000 for school operations costs of Bureau-funded schools
and other education programs shall become available on July 1,
2024, and shall remain available until September 30, 2025: Provided
further, That notwithstanding any other provision of law, including
but not limited to the Indian Self–Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education Amendments
of 1978 (25 U.S.C. 2008), not to exceed $95,822,000 within and
only from such amounts made available for school operations shall
be available for administrative cost grants associated with grants
approved prior to July 1, 2024: Provided further, That in order
to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of
clothing for personnel.
H. R. 4366—210
EDUCATION CONSTRUCTION
For construction, repair, improvement, and maintenance of
buildings, utilities, and other facilities necessary for the operation
of Indian education programs, including architectural and
engineering services by contract; acquisition of lands, and interests
in lands; $234,725,000, to remain available until expended: Provided, That in order to ensure timely completion of construction
projects, the Secretary of the Interior may assume control of a
project and all funds related to the project, if, not later than
18 months after the date of the enactment of this Act, any Public
Law 100–297 (25 U.S.C. 2501, et seq.) grantee receiving funds
appropriated in this Act or in any prior Act, has not completed
the planning and design phase of the project and commenced
construction.
ADMINISTRATIVE PROVISIONS
The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, either directly or in cooperation with States and other
organizations.
Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau
of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the
San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs or the Bureau of Indian Education
for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau
of Indian Affairs or the Bureau of Indian Education under the
provisions of the Indian Self-Determination Act or the Tribal SelfGovernance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs or the Bureau of
Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-togovernment relationship between the United States and that tribe,
or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Education, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau of Indian Education
school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education, or more than one grade to expand
the elementary grade structure for Bureau-funded schools with
H. R. 4366—211
a K–2 grade structure on October 1, 1996. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau’s funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was reinstated
in fiscal year 2012. Funds made available under this Act may
not be used to establish a charter school at a Bureau-funded school
(as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that
is in existence on the date of the enactment of this Act and that
has operated at a Bureau-funded school before September 1, 1999,
may continue to operate during that period, but only if the charter
school pays to the Bureau a pro rata share of funds to reimburse
the Bureau for the use of the real and personal property (including
buses and vans), the funds of the charter school are kept separate
and apart from Bureau funds, and the Bureau does not assume
any obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school’s operation and employees of a charter school shall not be
treated as Federal employees for purposes of chapter 171 of title
28, United States Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
cultural immersion educational programs for non-public schools
located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide
an educational environment with educator presence and academic
facilities comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety standards,
and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts
to students such as those caused by busing students extended
distances: Provided, That no funds available under this Act may
be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not
owned by the Bureau: Provided further, That the term ‘‘satellite
school’’ means a school location physically separated from the
existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Funds made available for Tribal Priority Allocations within
Operation of Indian Programs and Operation of Indian Education
Programs may be used to execute requested adjustments in tribal
priority allocations initiated by an Indian tribe.
H. R. 4366—212
BUREAU
OF
TRUST FUNDS ADMINISTRATION
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $100,009,000, to remain available until expended, of which
not to exceed $17,152,000 from this or any other Act, may be
available for settlement support: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs,
‘‘Operation of Indian Programs’’ and Bureau of Indian Education,
‘‘Operation of Indian Education Programs’’ accounts; the Office of
the Solicitor, ‘‘Salaries and Expenses’’ account; and the Office of
the Secretary, ‘‘Departmental Operations’’ account: Provided further,
That funds made available through contracts or grants obligated
during fiscal year 2024, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available
until expended by the contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary shall
not be required to provide a quarterly statement of performance
for any Indian trust account that has not had activity for at least
15 months and has a balance of $15 or less: Provided further,
That the Secretary shall issue an annual account statement and
maintain a record of any such accounts and shall permit the balance
in each such account to be withdrawn upon the express written
request of the account holder: Provided further, That not to exceed
$100,000 is available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits to
Individual Indian Money or Tribal accounts after September 30,
2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required
to reconcile Special Deposit Accounts with a balance of less than
$500 unless the Bureau of Trust Funds Administration receives
proof of ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American
Indian Trust Fund Management Reform Act of 1994 (Public Law
103–412) or any other provision of law, the Secretary may aggregate
the trust accounts of individuals whose whereabouts are unknown
for a continuous period of at least 5 years and shall not be required
to generate periodic statements of performance for the individual
accounts: Provided further, That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records
to determine the balance of the individual accounts, including any
accrued interest and income, and such funds shall remain available
to the individual account holders.
H. R. 4366—213
DEPARTMENTAL OFFICES
OFFICE
OF THE
SECRETARY
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for management of the Department
of the Interior and for grants and cooperative agreements, as
authorized by law, $147,418,000, to remain available until September 30, 2025; of which not to exceed $15,000 may be for official
reception and representation expenses; of which up to $1,000,000
shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines; and of which
$14,295,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds
for Indian land, mineral, and resource valuation activities may,
as needed, be transferred to and merged with the Bureau of Indian
Affairs ‘‘Operation of Indian Programs’’ and Bureau of Indian Education ‘‘Operation of Indian Education Programs’’ accounts and
the Bureau of Trust Funds Administration ‘‘Federal Trust Programs’’ account: Provided further, That funds made available
through contracts or grants obligated during fiscal year 2024, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C.
5301 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That funds provided under
this heading in this Act may be transferred to and merged with
‘‘United States Fish and Wildlife Service—Resource Management’’
only to implement the functional transfer of the Office of Subsistence Management to the Office of the Secretary and maintain
uninterrupted execution of ongoing subsistence management activities.
ADMINISTRATIVE PROVISIONS
For fiscal year 2024, up to $400,000 of the payments authorized
by chapter 69 of title 31, United States Code, may be retained
for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only
amounts available for payments authorized under chapter 69 of
title 31, United States Code: Provided further, That in the event
the sums appropriated for any fiscal year for payments pursuant
to this chapter are insufficient to make the full payments authorized
by that chapter to all units of local government, then the payment
to each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall
be made pursuant to that chapter to otherwise eligible units of
local government if the computed amount of the payment is less
than $100.
H. R. 4366—214
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $120,107,000,
of which: (1) $109,890,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
and natural resources activities, and brown tree snake control and
research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants
to the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized
by law; grants to the Government of Guam, as authorized by law;
and grants to the Government of the Northern Mariana Islands,
as authorized by law (Public Law 94–241; 90 Stat. 272); and (2)
$10,217,000 shall be available until September 30, 2025, for salaries
and expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may
be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code:
Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement
of the Special Representatives on Future United States Financial
Assistance for the Northern Mariana Islands approved by Public
Law 104–134: Provided further, That the funds for the program
of operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the grantee’s
commitment to timely maintenance of its capital assets: Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used
as non–Federal matching funds for the purpose of hazard mitigation
grants provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $3,463,000, to remain available until expended, as provided for in sections 221(a)(2) and 233
of the Compact of Free Association for the Republic of Palau;
and section 221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658
and Public Law 108–188.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
H. R. 4366—215
section 104(e) of Public Law 108–188 and Public Law 104–134,
that are allocated for Guam, to the Secretary of Agriculture for
the subsidy cost of direct or guaranteed loans, plus not to exceed
three percent of the amount of the subsidy transferred for the
cost of loan administration, for the purposes authorized by the
Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such loans or loan
guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types
of eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available
to make or guarantee loans under such authorities.
OFFICE
OF THE
SOLICITOR
SALARIES AND EXPENSES
For necessary expenses of the Office of the Solicitor,
$97,950,000, to remain available until September 30, 2025.
OFFICE
OF INSPECTOR
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$67,000,000, to remain available until September 30, 2025.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department
of the Interior, $1,113,471,000, to remain available until expended,
of which not to exceed $10,000,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are
also available for repayment of advances to other appropriation
accounts from which funds were previously transferred for such
purposes: Provided further, That of the funds provided $214,450,000
is for fuels management activities: Provided further, That of the
funds provided $10,000,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may
be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
H. R. 4366—216
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that benefit
resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually
agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the
Secretary, for purposes of fuels management activities, may obtain
maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109–154), or related partnerships
with State, local, or nonprofit youth groups; (3) small or microbusinesses; or (4) other entities that will hire or train locally a
significant percentage, defined as 50 percent or more, of the project
workforce to complete such contracts: Provided further, That in
implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such
Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of
funds appropriated for wildland fire management, in an aggregate
amount not to exceed $50,000,000 between the Departments when
such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided
for wildfire suppression shall be available for support of Federal
emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to
or through the Department of State in connection with forest and
rangeland research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire management,
and related natural resource activities outside the United States
and its territories and possessions, including technical assistance,
education and training, and cooperation with United States and
international organizations: Provided further, That funds made
available under this heading in this Act and unobligated balances
made available under this heading in prior Acts, other than
amounts designated by the Congress as being for an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
H. R. 4366—217
1985, shall be available, in addition to any other funds made
available for such purpose, to continue uninterrupted the Federal
wildland firefighter base salary increases provided under section
40803(d)(4)(B) of Public Law 117–58: Provided further, That of
the funds provided under this heading, $383,657,000 shall be available for wildfire suppression operations, and is provided to meet
the terms of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
In addition to the amounts provided under the heading ‘‘Department of the Interior—Department-Wide Programs—Wildland Fire
Management’’ for wildfire suppression operations, $350,000,000, to
remain available until transferred, is additional new budget
authority as specified for purposes of section 251(b)(2)(F) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That such amounts may be transferred to and merged with
amounts made available under the headings ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’ and ‘‘Department of the Interior—Department-Wide Programs—Wildland Fire
Management’’ for wildfire suppression operations in the fiscal year
in which such amounts are transferred: Provided further, That
amounts may be transferred to the ‘‘Wildland Fire Management’’
accounts in the Department of Agriculture or the Department of
the Interior only upon the notification of the House and Senate
Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior
appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That
the transfer authority provided under this heading is in addition
to any other transfer authority provided by law: Provided further,
That, in determining whether all wildfire suppression operations
funds appropriated under the heading ‘‘Wildland Fire Management’’
in this and prior appropriations Acts to either the Department
of Agriculture or the Department of the Interior will be obligated
within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer
authority provided by law shall be excluded.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response action,
including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), $9,661,000, to remain available until
expended.
ENERGY COMMUNITY REVITALIZATION PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of the Interior to
inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public
H. R. 4366—218
Law 117–58 (30 U.S.C. 1245), and carry out the purposes of section
349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended,
$4,800,000, to remain available until expended: Provided, That
such amount shall be in addition to amounts otherwise available
for such purposes: Provided further, That amounts appropriated
under this heading are available for program management and
oversight of these activities: Provided further, That the Secretary
may transfer the funds provided under this heading in this Act
to any other account in the Department to carry out such purposes,
and may expend such funds directly, or through grants: Provided
further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (42
U.S.C. 9601 et seq.) obligations agreed to in settlement or imposed
by a court, whether for payment of funds or for work to be performed.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department
of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,715,000,
to remain available until expended.
WORKING CAPITAL FUND
For the operation and maintenance of a departmental financial
and business management system, data management, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and operations
throughout the Department, $107,710,000, to remain available until
expended: Provided, That none of the funds appropriated in this
Act or any other Act may be used to establish reserves in the
Working Capital Fund account other than for accrued annual leave
and depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary of the Interior
may assess reasonable charges to State, local, and tribal government
employees for training services provided by the National Indian
Program Training Center, other than training related to Public
Law 93–638: Provided further, That the Secretary may lease or
otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center
to State, local and tribal government employees or persons or
organizations engaged in cultural, educational, or recreational
activities (as defined in section 3306(a) of title 40, United States
Code) at the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program Training
Center: Provided further, That all funds received pursuant to the
two preceding provisos shall be credited to this account, shall be
available until expended, and shall be used by the Secretary for
necessary expenses of the National Indian Program Training
Center: Provided further, That the Secretary may enter into grants
H. R. 4366—219
and cooperative agreements to support the Office of Natural
Resource Revenue’s collection and disbursement of royalties, fees,
and other mineral revenue proceeds, as authorized by law.
ADMINISTRATIVE PROVISION
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase, or through available excess
surplus property: Provided, That existing aircraft being replaced
may be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
OFFICE OF NATURAL RESOURCES REVENUE
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$167,937,000, to remain available until September 30, 2025; of
which $69,751,000 shall remain available until expended for the
purpose of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 shall be available for refunds of overpayments in connection with certain Indian
leases in which the Secretary of the Interior concurred with the
claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
GENERAL PROVISIONS, DEPARTMENT
OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary of the Interior, for the emergency
reconstruction, replacement, or repair of aircraft, buildings, utilities,
or other facilities or equipment damaged or destroyed by fire, flood,
storm, or other unavoidable causes: Provided, That no funds shall
be made available under this authority until funds specifically
made available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds used
pursuant to this section must be replenished by a supplemental
appropriation, which must be requested as promptly as possible.
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE
SEC. 102. The Secretary of the Interior may authorize the
expenditure or transfer of any no year appropriation in this title,
in addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the jurisdiction
of the Department of the Interior; for the emergency rehabilitation
of burned-over lands under its jurisdiction; for emergency actions
related to potential or actual earthquakes, floods, volcanoes, storms,
or other unavoidable causes; for contingency planning subsequent
to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous
H. R. 4366—220
substances into the environment; for the prevention, suppression,
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred during
the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment
in connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for
wildland fire operations, no funds shall be made available under
this authority until the Secretary determines that funds appropriated for ‘‘wildland fire suppression’’ shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which
must be requested as promptly as possible: Provided further, That
such replenishment funds shall be used to reimburse, on a pro
rata basis, accounts from which emergency funds were transferred.
AUTHORIZED USE OF FUNDS
SEC. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by section 3109 of title 5, United States Code, when authorized
by the Secretary of the Interior, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance,
and operation of aircraft; hire of passenger motor vehicles; purchase
of reprints; payment for telephone service in private residences
in the field, when authorized under regulations approved by the
Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower
than to subscribers who are not members.
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT
SEC. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Bureau of Trust Funds Administration and any unobligated balances from prior appropriations Acts made under the same headings
shall be available for expenditure or transfer for Indian trust
management and reform activities. Total funding for settlement
support activities shall not exceed amounts specifically designated
in this Act for such purpose. The Secretary shall notify the House
and Senate Committees on Appropriations within 60 days of the
expenditure or transfer of any funds under this section, including
the amount expended or transferred and how the funds will be
used.
H. R. 4366—221
REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS
SEC. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2024. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
ELLIS, GOVERNORS,
AND
LIBERTY ISLANDS
SEC. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein, including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
OUTER CONTINENTAL SHELF INSPECTION FEES
SEC. 107. (a) In fiscal year 2024, the Secretary of the Interior
shall collect a nonrefundable inspection fee, which shall be deposited
in the ‘‘Offshore Safety and Environmental Enforcement’’ account,
from the designated operator for facilities subject to inspection
under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2024 shall be—
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2024. Fees for fiscal year 2024 shall be—
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) Fees for inspection of well operations conducted via nonrig units as outlined in title 30 CFR 250 subparts D, E, F, and
Q shall be assessed for all inspections completed in fiscal year
2024. Fees for fiscal year 2024 shall be—
(1) $13,260 per inspection for non-rig units operating in
water depths of 2,500 feet or more;
H. R. 4366—222
(2) $11,530 per inspection for non-rig units operating in
water depths between 500 and 2,499 feet; and
(3) $4,470 per inspection for non-rig units operating in
water depths of less than 500 feet.
(e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of
billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following
quarter.
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES
SEC. 108. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with
the provisions of section 3903 of title 41, United States Code (except
that the 5-year term restriction in subsection (a) shall not apply),
for the long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private
land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
MASS MARKING OF SALMONIDS
SEC. 109. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS
SEC. 110. Notwithstanding any other provision of law, during
fiscal year 2024, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at
the end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM
SEC. 111. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans
in programs authorized by other provisions of law administered
by the Secretary and consistent with such provisions of law.
H. R. 4366—223
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not—
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
OBLIGATION OF FUNDS
SEC. 112. Amounts appropriated by this Act to the Department
of the Interior shall be available for obligation and expenditure
not later than 60 days after the date of enactment of this Act.
SEPARATION OF ACCOUNTS
SEC. 113. The Secretary of the Interior, in order to implement
an orderly transition to separate accounts of the Bureau of Indian
Affairs and the Bureau of Indian Education, may transfer funds
among and between the successor offices and bureaus affected by
the reorganization only in conformance with the reprogramming
guidelines described in this Act.
PAYMENTS IN LIEU OF TAXES (PILT)
SEC. 114. Section 6906 of title 31, United States Code, shall
be applied by substituting ‘‘fiscal year 2024’’ for ‘‘fiscal year 2019’’.
DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL
SEC. 115. (a) Subject to subsection (b), in any case in which
the Bureau of Safety and Environmental Enforcement or the Bureau
of Ocean Energy Management prescribes or approves any departure
or use of alternate procedure or equipment, in regards to a plan
or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142;
30 CFR 250.141; or 30 CFR 250.142, the head of such bureau
shall post a description of such departure or alternate procedure
or equipment use approval on such bureau’s publicly available
website not more than 15 business days after such issuance.
(b) The head of each bureau may exclude confidential business
information.
LONG BRIDGE PROJECT
SEC. 116. (a) AUTHORIZATION OF CONVEYANCE.—On request
by the State of Virginia or the District of Columbia for the purpose
of the construction of rail and other infrastructure relating to the
Long Bridge Project, the Secretary of the Interior may convey
to the State or the District of Columbia, as applicable, all right,
title, and interest of the United States in and to any portion
of the approximately 4.4 acres of National Park Service land
depicted as ‘‘Permanent Impact to NPS Land’’ on the Map dated
H. R. 4366—224
May 15, 2020, that is identified by the State or the District of
Columbia.
(b) TERMS AND CONDITIONS.—Such conveyance of the National
Park Service land under subsection (a) shall be subject to any
terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in
this section, the lands or interests therein shall revert to the
National Park Service after they have been restored or remediated
to the satisfaction of the Secretary.
(c) CORRECTIONS.—The Secretary and the State or the District
of Columbia, as applicable, by mutual agreement, may—
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) DEFINITIONS.—For purposes of this section:
(1) LONG BRIDGE PROJECT.—The term ‘‘Long Bridge Project’’
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L’Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) STATE.—The term ‘‘State’’ means the State of Virginia.
INTERAGENCY MOTOR POOL
SEC. 117. Notwithstanding any other provision of law or Federal
regulation, federally recognized Indian tribes or authorized tribal
organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles
and related services for performance of any activities carried out
under such grants to the same extent as if they were contracting
under the Indian Self-Determination and Education Assistance Act.
APPRAISER PAY AUTHORITY
SEC. 118. For fiscal year 2024, funds made available in this
or any other Act or otherwise made available to the Department
of the Interior for the Appraisal and Valuation Services Office
may be used by the Secretary of the Interior to establish higher
minimum rates of basic pay for employees of the Department of
the Interior in the Appraiser (GS–1171) job series at grades 11
through 15 carrying out appraisals of real property and appraisal
reviews conducted in support of the Department’s realty programs
at rates no greater than 15 percent above the minimum rates
of basic pay normally scheduled, and such higher rates shall be
consistent with subsections (e) through (h) of section 5305 of title
5, United States Code.
SAGE-GROUSE
SEC. 119. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)—
H. R. 4366—225
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse.
STATE CONSERVATION GRANTS
SEC. 120. For expenses necessary to carry out section 200305
of title 54, United States Code, the National Park Service may
retain up to 7 percent of the State Conservation Grants program
to provide to States, the District of Columbia, and insular areas,
as matching grants to support state program administrative costs.
RETENTION OF CONCESSION FRANCHISE FEES
SEC. 121. Section 101917(c) of title 54, United States Code,
is amended by adding at the end the following new paragraph:
‘‘(3) REDUCTION.—The Secretary may reduce the percentage
allocation otherwise applicable under paragraph (2) to a unit
or area of the National Park Service for a fiscal year if the
Secretary determines that the revenues collected at the unit
or area exceed the reasonable needs of the unit or area for
which expenditures may be made for that fiscal year. In no
event may a percentage allocation be reduced below 60 percent.’’.
HISTORIC PRESERVATION FUND DEPOSITS
SEC. 122. Section 303102 of title 54, United States Code, shall
be applied by substituting ‘‘fiscal year 2024’’ for ‘‘fiscal year 2023’’.
DECOMMISSIONING ACCOUNT
SEC. 123. The matter under the amended heading ‘‘Royalty
and Offshore Minerals Management’’ for the Minerals Management
Service in Public Law 101–512 (104 Stat. 1926, as amended) (43
U.S.C. 1338a) is further amended by striking the fifth and sixth
provisos in their entirety and inserting the following: ‘‘Provided
further, That notwithstanding section 3302 of title 31, United States
Code, any moneys hereafter received as a result of the forfeiture
of a bond or other security by an Outer Continental Shelf permittee,
lessee, or right-of-way holder that does not fulfill the requirements
of its permit, lease, or right-of-way or does not comply with the
regulations of the Secretary, or as a bankruptcy distribution or
settlement associated with such failure or noncompliance, shall
be credited to a separate account established in the Treasury for
decommissioning activities and shall be available to the Bureau
of Ocean Energy Management without further appropriation or
fiscal year limitation to cover the cost to the United States of
any improvement, protection, rehabilitation, or decommissioning
work rendered necessary by the action or inaction that led to
the forfeiture or bankruptcy distribution or settlement, to remain
available until expended: Provided further, That amounts deposited
into the decommissioning account may be allocated to the Bureau
of Safety and Environmental Enforcement for such costs: Provided
further, That any moneys received for such costs currently held
in the Ocean Energy Management account shall be transferred
to the decommissioning account: Provided further, That any portion
H. R. 4366—226
of the moneys so credited shall be returned to the bankruptcy
estate, permittee, lessee, or right-of-way holder to the extent that
the money is in excess of the amount expended in performing
the work necessitated by the action or inaction which led to their
receipt or, if the bond or security was forfeited for failure to pay
the civil penalty, in excess of the civil penalty imposed.’’.
NONRECURRING EXPENSES FUND
SEC. 124. There is hereby established in the Treasury of the
United States a fund to be known as the ‘‘Department of the
Interior Nonrecurring Expenses Fund’’ (the Fund): Provided, That
unobligated balances of expired discretionary funds appropriated
for this or any succeeding fiscal year from the General Fund of
the Treasury to the Department of the Interior by this or any
other Act may be transferred (not later than the end of the fifth
fiscal year after the last fiscal year for which such funds are
available for the purposes for which appropriated) into the Fund:
Provided further, That amounts deposited in the Fund shall be
available until expended, and in addition to such other funds as
may be available for such purposes, for information and business
technology system modernization and facilities infrastructure
improvements and associated administrative expenses, including
nonrecurring maintenance, necessary for the operation of the
Department or its bureaus, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the
Fund may not be obligated without written notification to and
the prior approval of the Committees on Appropriations of the
House of Representatives and the Senate in conformance with the
reprogramming guidelines described in this Act.
EBEY’S LANDING NATIONAL HISTORIC RESERVE
SEC. 125. Section 508(f) of Public Law 95–625 (92 stat. 3509)
is amended by striking ‘‘not to exceed $5,000,000’’ and inserting
‘‘$18,000,000’’.
INTERIOR AUTHORITY FOR OPERATING EFFICIENCIES
SEC. 126. (a) In fiscal years 2024 and 2025, the Secretary
of the Interior may authorize and execute agreements to achieve
operating efficiencies among and between two or more component
bureaus and offices through the following activities:
(1) co-locating in offices and facilities leased or owned by
any such component and sharing related utilities and equipment;
(2) detailing or assigning staff on a non-reimbursable basis
for up to 5 business days; and
(3) sharing staff and equipment necessary to meet mission
requirements.
(b) The authority provided by subsection (a) is to support areas
of mission alignment between and among component bureaus and
offices or where geographic proximity allows for efficiencies.
(c) Bureaus and offices entering into agreements authorized
under subsections (a)(1) and (a)(3) shall bear costs for such agreements in a manner that reflects their approximate benefit and
share of total costs, which may or may not include indirect costs.
H. R. 4366—227
(d) In furtherance of the requirement in subsection (c), the
Secretary of the Interior may make transfers of funds in advance
or on a reimbursable basis.
H. R. 4366—228
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE
AND
TECHNOLOGY
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft;
and other operating expenses in support of research and development, $758,103,000, to remain available until September 30, 2025:
Provided, That of the funds included under this heading,
$19,530,000 shall be for Research: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which $2,030,000
shall be for projects specified for Science and Technology in the
table titled ‘‘Interior and Environment Incorporation of Community
Project Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
ENVIRONMENTAL PROGRAMS
AND
MANAGEMENT
For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and
related costs and travel expenses; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue publications to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $40,000 for official
reception and representation expenses, $3,178,028,000, to remain
available until September 30, 2025: Provided further, That of the
funds included under this heading—
(1) $30,700,000 shall be for Environmental Protection:
National Priorities as specified in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act);
(2) $681,726,000 shall be for Geographic Programs as specified in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act); and
(3) $20,000,000, to remain available until expended, shall
be for grants, including grants that may be awarded on a
non-competitive basis, interagency agreements, and associated
program support costs to establish and implement a program
to assist Alaska Native Regional Corporations, Alaskan Native
Village Corporations, federally-recognized tribes in Alaska,
Alaska Native Non-Profit Organizations and Alaska Native
Nonprofit Associations, and intertribal consortia comprised of
H. R. 4366—229
Alaskan tribal entities to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated
at the time of conveyance and are on an inventory of such
lands developed and maintained by the Environmental Protection Agency: Provided, That grants awarded using funds made
available in this paragraph may be used by a recipient to
supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants
or cooperative agreements: Provided further, That of the
amounts made available in this paragraph, in addition to
amounts otherwise available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000 for
salaries, expenses, and administration of the program and for
grants related to such program that address contamination
on lands conveyed under or pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or
are contaminated at the time of conveyance and are on the
EPA inventory of such lands.
In addition, $9,000,000, to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of
the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided,
That fees collected pursuant to that section of that Act and deposited
in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts
in fiscal year 2024 shall be retained and used for necessary salaries
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2024 shall
be reduced by the amount of discretionary offsetting receipts
received during fiscal year 2024, so as to result in a final fiscal
year 2024 appropriation from the general fund estimated at not
more than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $9,000,000, those amounts in
excess of $9,000,000 shall be deposited in the ‘‘TSCA Service Fee
Fund’’ as discretionary offsetting receipts in fiscal year 2024, shall
be retained and used for necessary salaries and expenses in this
account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$43,250,000, to remain available until September 30, 2025: Provided, That the Office of Inspector General shall be subject to
the terms, conditions, and requirements specified under this
heading in Senate Report 118–83.
BUILDINGS
AND
FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $40,676,000, to remain available until expended.
H. R. 4366—230
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611), and hire, maintenance, and operation of aircraft,
$537,700,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2023,
and not otherwise appropriated from the Trust Fund, as authorized
by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $537,700,000 as a payment
from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That
funds appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this heading,
$11,328,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2025, and
$30,343,000 shall be paid to the ‘‘Science and Technology’’ appropriation to remain available until September 30, 2025.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, $89,214,000, to remain available until
expended, of which $64,723,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act; and $24,491,000 shall
be for carrying out the other provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations
made available under this heading to implement section 9013 of
the Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
INLAND OIL SPILL PROGRAMS
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
including hire, maintenance, and operation of aircraft, $20,711,000,
to be derived from the Oil Spill Liability trust fund, to remain
available until expended.
STATE
AND
TRIBAL ASSISTANCE GRANTS
(INCLUDING RESCISSION OF FUNDS)
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $4,418,938,000, to remain available until expended, of which—
(1) $1,638,861,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
H. R. 4366—231
$1,126,101,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That $787,652,267
of the funds made available for capitalization grants for the
Clean Water State Revolving Funds and $631,659,905 of the
funds made available for capitalization grants for the Drinking
Water State Revolving Funds shall be for the construction
of drinking water, wastewater, and storm water infrastructure
and for water quality protection in accordance with the terms
and conditions specified for such grants in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act) for projects specified for
‘‘STAG—Drinking Water State Revolving Fund’’ and ‘‘STAG—
Clean Water State Revolving Fund’’ in the table titled ‘‘Interior
and Environment Incorporation of Community Project Funding
Items/Congressionally Directed Spending Items’’ included for
this division in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act),
and, for purposes of these grants, each grantee shall contribute
not less than 20 percent of the cost of the project unless
the grantee is approved for a waiver by the Agency: Provided
further, That $13,300,000 of the funds appropriated under this
heading for capitalization grants for the Clean Water State
Revolving Funds and for capitalization grants for the Drinking
Water State Revolving Funds, in addition to amounts otherwise
available for such purposes, may be used by the Administrator
for salaries, expenses, and administration for Community
Project Funding Items/Congressionally Directed Spending
Items: Provided further, That the amounts in the preceding
proviso under this heading shall not be available for obligation
until the report, as specified under this heading in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) is received by the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That for fiscal year 2024, to
the extent there are sufficient eligible project applications and
projects are consistent with State Intended Use Plans, not
less than 10 percent of the funds made available under this
title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2024, funds made available under this title to each State for Drinking Water State
Revolving Fund capitalization grants may, at the discretion
of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That the
Administrator is authorized to use up to $1,500,000 of funds
made available for the Clean Water State Revolving Funds
under this heading under title VI of the Federal Water Pollution
Control Act (33 U.S.C. 1381) to conduct the Clean Watersheds
Needs Survey: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving
fund that may be used by a State to administer the fund
shall not apply to amounts included as principal in loans made
H. R. 4366—232
by such fund in fiscal year 2024 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2024,
notwithstanding the provisions of subsections (g)(1), (h), and
(l) of section 201 of the Federal Water Pollution Control Act,
grants made under title II of such Act for American Samoa,
Guam, the Commonwealth of the Northern Marianas, the
United States Virgin Islands, and the District of Columbia
may also be made for the purpose of providing assistance:
(1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair,
or replacement of privately owned treatment works serving
one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2024, notwithstanding the provisions of such subsections (g)(1), (h), and
(l) of section 201 and section 518(c) of the Federal Water
Pollution Control Act, funds reserved by the Administrator
for grants under section 518(c) of the Federal Water Pollution
Control Act may also be used to provide assistance: (1) solely
for facility plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement
of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided
further, That for fiscal year 2024, notwithstanding any provision
of the Federal Water Pollution Control Act and regulations
issued pursuant thereof, up to a total of $2,000,000 of the
funds reserved by the Administrator for grants under section
518(c) of such Act may also be used for grants for training,
technical assistance, and educational programs relating to the
operation and management of the treatment works specified
in section 518(c) of such Act: Provided further, That for fiscal
year 2024, funds reserved under section 518(c) of such Act
shall be available for grants only to Indian tribes, as defined
in section 518(h) of such Act and former Indian reservations
in Oklahoma (as determined by the Secretary of the Interior)
and Native Villages as defined in Public Law 92–203: Provided
further, That for fiscal year 2024, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds appropriated,
or $30,000,000, whichever is greater, and notwithstanding the
limitation on amounts in section 1452(i) of the Safe Drinking
Water Act, up to a total of 2 percent of the funds appropriated,
or $20,000,000, whichever is greater, for State Revolving Funds
under such Acts may be reserved by the Administrator for
grants under section 518(c) and section 1452(i) of such Acts:
Provided further, That for fiscal year 2024, notwithstanding
the amounts specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the aggregate funds
appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for
grants made under title II of the Federal Water Pollution
H. R. 4366—233
Control Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, and United States Virgin Islands:
Provided further, That for fiscal year 2024, notwithstanding
the limitations on amounts specified in section 1452(j) of the
Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs
under the Safe Drinking Water Act may be reserved by the
Administrator for grants made under section 1452(j) of the
Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State
for Clean Water State Revolving Fund capitalization grants
and 14 percent of the funds made available under this title
to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional
subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination
of these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible recipient
or to buy, refinance, or restructure the debt obligations of
eligible recipients only where such debt was incurred on or
after the date of enactment of this Act, or where such debt
was incurred prior to the date of enactment of this Act if
the State, with concurrence from the Administrator, determines
that such funds could be used to help address a threat to
public health from heightened exposure to lead in drinking
water or if a Federal or State emergency declaration has been
issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the
date of enactment of this Act: Provided further, That in a
State in which such an emergency declaration has been issued,
the State may use more than 14 percent of the funds made
available under this title to the State for Drinking Water State
Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Provided further, That notwithstanding section 1452(o) of the Safe Drinking Water Act (42
U.S.C. 300j–12(o)), the Administrator shall reserve up to
$12,000,000 of the amounts made available for fiscal year 2024
for making capitalization grants for the Drinking Water State
Revolving Funds to pay the costs of monitoring for unregulated
contaminants under section 1445(a)(2)(C) of such Act: Provided
further, That of the unobligated balances available in the ‘‘State
and Tribal Assistance Grants’’ account appropriated prior to
fiscal year 2012 for ‘‘special project grants’’ or ‘‘special needs
infrastructure grants,’’ or for the administration, management,
and oversight of such grants, $1,500,000 are permanently
rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the funds made
available under this heading for Community Project Funding/
Congressionally Directed Spending grants in this or prior appropriations Acts are not subject to compliance with Federal
procurement requirements for competition and methods of
procurement applicable to Federal financial assistance, if a
Community Project Funding/Congressionally Directed Spending
recipient has procured services or products through contracts
H. R. 4366—234
entered into prior to the date of enactment of this legislation
that complied with state and/or local laws governing competition;
(2) $35,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal
government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $39,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
used for administrative and overhead expenses; and (C) the
State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency
and the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $98,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance
in persistent poverty counties: Provided further, That for purposes of this section, the term ‘‘persistent poverty counties’’
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1993 Small Area Income and Poverty Estimates, the
2000 decennial census, and the most recent Small Area Income
and Poverty Estimates, or any territory or possession of the
United States;
(5) $90,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $67,800,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $28,500,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act
(42 U.S.C. 300j–19a): Provided, That for fiscal year 2024, funds
H. R. 4366—235
provided under subsections (a) through (j) of such section of
such Act may be used—
(A) by a State to provide assistance to benefit one
or more owners of drinking water wells that are not public
water systems or connected to a public water system for
necessary and appropriate activities related to a contaminant pursuant to subsection (j) of such section of such
Act; and
(B) to support a community described in subsection
(c)(2) of such section of such Act;
(8) $28,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j–24(d));
(9) $22,000,000 shall be for grants under section 1459B
of the Safe Drinking Water Act (42 U.S.C. 300j–19b);
(10) $6,500,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l));
(11) $25,500,000 shall be for grants under section 104(b)(8)
of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(12) $41,000,000 shall be for grants under section 221
of the Federal Water Pollution Control Act (33 U.S.C. 1301);
(13) $5,400,000 shall be for grants under section 4304(b)
of the America’s Water Infrastructure Act of 2018 (Public Law
115–270);
(14) $5,000,000 shall be for carrying out section 302(a)
of the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which
not more than 2 percent shall be for administrative costs to
carry out such section: Provided, That notwithstanding section
302(a) of such Act, the Administrator may also provide grants
pursuant to such authority to intertribal consortia consistent
with the requirements in 40 CFR 35.504(a), to former Indian
reservations in Oklahoma (as determined by the Secretary of
the Interior), and Alaska Native Villages as defined in Public
Law 92–203;
(15) $7,000,000 shall be for grants under section 103(b)(3)
of the Clean Air Act for wildfire smoke preparedness grants
in accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That not more than
3 percent shall be for administrative costs to carry out such
section;
(16) $38,693,000 shall be for State and Tribal Assistance
Grants to be allocated in the amounts specified for those
projects and for the purposes delineated in the table titled
‘‘Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items’’
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act) for remediation, construction, and related
environmental management activities in accordance with the
terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(17) $2,250,000 shall be for grants under section 1459F
of the Safe Drinking Water Act (42 U.S.C. 300j–19g);
(18) $4,000,000 shall be for carrying out section 2001 of
the America’s Water Infrastructure Act of 2018 (Public Law
H. R. 4366—236
115–270, 42 U.S.C. 300j–3c note): Provided, That the Administrator may award grants to and enter into contracts with tribes,
intertribal consortia, public or private agencies, institutions,
organizations, and individuals, without regard to section
3324(a) and (b) of title 31 and section 6101 of title 41, United
States Code, and enter into interagency agreements as appropriate;
(19) $2,000,000 shall be for grants under section 50217(b)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117–58);
(20) $3,500,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(21) $1,106,333,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under section
103 of the Clean Air Act for particulate matter monitoring
and data collection activities subject to terms and conditions
specified by the Administrator, and under section 2301 of the
Water and Waste Act of 2016 to assist States in developing
and implementing programs for control of coal combustion
residuals, of which: $46,250,000 shall be for carrying out section
128 of CERCLA; $9,500,000 shall be for Environmental
Information Exchange Network grants, including associated
program support costs; $1,475,000 shall be for grants to States
under section 2007(f)(2) of the Solid Waste Disposal Act, which
shall be in addition to funds appropriated under the heading
‘‘Leaking Underground Storage Tank Trust Fund Program’’
to carry out the provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code other
than section 9003(h) of the Solid Waste Disposal Act;
$18,512,000 of the funds available for grants under section
106 of the Federal Water Pollution Control Act shall be for
State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring
programs.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $64,634,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be guaranteed,
not to exceed $12,500,000,000: Provided further, That of the funds
made available under this heading, $5,000,000 shall be used solely
for the cost of direct loans and for the cost of guaranteed loans
for projects described in section 5026(9) of the Water Infrastructure
Finance and Innovation Act of 2014 to State infrastructure financing
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authorities, as authorized by section 5033(e) of such Act: Provided
further, That the use of direct loans or loan guarantee authority
under this heading for direct loans or commitments to guarantee
loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189)
pursuant to the fourth proviso under the heading ‘‘Water Infrastructure Finance and Innovation Program Account’’ in division D of
the Further Consolidated Appropriations Act, 2020 (Public Law
116–94): Provided further, That none of the direct loans or loan
guarantee authority made available under this heading shall be
available for any project unless the Administrator and the Director
of the Office of Management and Budget have certified in advance
in writing that the direct loan or loan guarantee, as applicable,
and the project comply with the criteria referenced in the previous
proviso: Provided further, That, for the purposes of carrying out
the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall
promptly provide, documentation and information relating to a
project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications
for credit assistance under the Water Infrastructure Finance and
Innovation Act Program, including with respect to a project that
was initiated or completed before the date of enactment of this
Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of
the Water Infrastructure Finance and Innovation Act of 2014,
$7,640,000, to remain available until September 30, 2025.
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY
(INCLUDING TRANSFERS OF FUNDS)
For fiscal year 2024, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136w–8), to remain available until
expended.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)),
the Administrator of the Environmental Protection Agency may
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assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal
year 2024.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section
3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal
year 2024, to remain available until expended.
The Administrator is authorized to transfer up to $368,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration,
repair, rehabilitation, and renovation of facilities, provided that
the cost does not exceed $300,000 per project.
For fiscal year 2024, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of the Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2024 to provide grants to implement the
Southeast New England Watershed Restoration Program.
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not less
than $2,500,000 of the funds made available under this title for
the National Estuary Program shall be for making competitive
awards described in section 320(g)(4).
For fiscal year 2024, the Office of Chemical Safety and Pollution
Prevention and the Office of Water may, using funds appropriated
under the headings ‘‘Environmental Programs and Management’’
and ‘‘Science and Technology’’, contract directly with individuals
or indirectly with institutions or nonprofit organizations, without
regard to 41 U.S.C. 5, for the temporary or intermittent personal
services of students or recent graduates, who shall be considered
employees for the purposes of chapters 57 and 81 of title 5, United
States Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to tort
claims, but shall not be considered to be Federal employees for
any other purpose: Provided, That amounts used for this purpose
by the Office of Chemical Safety and Pollution Prevention and
the Office of Water collectively may not exceed $2,000,000.
The Environmental Protection agency shall provide the
Committees on Appropriations of the House of Representatives and
Senate with copies of any available Department of Treasury quarterly certification of trust fund receipts collected from section 13601
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of Public Law 117–169 and section 80201 of Public Law 117–
58, an annual operating plan for such receipts showing amounts
allocated by program area and program project, and quarterly
reports for such receipts of obligated balances by program area
and program project.
H. R. 4366—240
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND
ENVIRONMENT
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $1,000,000: Provided, That
funds made available by this Act to any agency in the Natural
Resources and Environment mission area for salaries and expenses
are available to fund up to one administrative support staff for
the office.
FOREST SERVICE
FOREST SERVICE OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $1,150,000,000, to remain available through September 30, 2027: Provided, That a portion of the funds made available under this heading shall be for the base salary and expenses
of employees in the Chief’s Office, the Work Environment and
Performance Office, the Business Operations Deputy Area, and
the Chief Financial Officer’s Office to carry out administrative
and general management support functions: Provided further, That
funds provided under this heading shall be available for the costs
of facility maintenance, repairs, and leases for buildings and sites
where these administrative, general management and other Forest
Service support functions take place; the costs of all utility and
telecommunication expenses of the Forest Service, as well as business services; and, for information technology, including cybersecurity requirements: Provided further, That funds provided under
this heading may be used for necessary expenses to carry out
administrative and general management support functions of the
Forest Service not otherwise provided for and necessary for its
operation.
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through September 30, 2027: Provided, That of the funds provided, $31,500,000
is for the forest inventory and analysis program: Provided further,
That all authorities for the use of funds, including the use of
contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available
in the utilization of these funds for Fire Science Research.
STATE, PRIVATE, AND TRIBAL FORESTRY
For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
tribes, and others, and for forest health management, including
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for invasive plants, and conducting an international program and
trade compliance activities as authorized, $303,306,000, to remain
available through September 30, 2027, as authorized by law, of
which $19,806,000 shall be for projects specified for Forest Resource
Information and Analysis in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items’’ included for this division in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
NATIONAL FOREST SYSTEM
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,863,557,000, to remain available through September 30, 2027: Provided, That of the funds
provided, $31,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That for the
funds provided in the preceding proviso, section 4003(d)(3)(A) of
the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303(d)(3)(A)) shall be applied by substituting ‘‘20’’ for ‘‘10’’ and
section 4003(d)(3)(B) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting
‘‘4’’ for ‘‘2’’: Provided further, That of the funds provided, $39,000,000
shall be for forest products: Provided further, That of the funds
provided, $175,450,000 shall be for hazardous fuels management
activities, of which not to exceed $30,000,000 may be used to make
grants, using any authorities available to the Forest Service under
the ‘‘State, Private, and Tribal Forestry’’ appropriation, for the
purpose of creating incentives for increased use of biomass from
National Forest System lands: Provided further, That $20,000,000
may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for
hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities
on Federal land, or on non-Federal land if the Secretary determines
such activities benefit resources on Federal land: Provided further,
That funds made available to implement the Community Forest
Restoration Act, Public Law 106–393, title VI, shall be available
for use on non-Federal lands in accordance with authorities made
available to the Forest Service under the ‘‘State, Private, and Tribal
Forestry’’ appropriation: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for grazing
on a National Grassland, may provide a credit of up to 50 percent
of the calculated fee to a Grazing Association or direct permittee
for a conservation practice approved by the Secretary in advance
of the fiscal year in which the cost of the conservation practice
is incurred, and that the amount credited shall remain available
to the Grazing Association or the direct permittee, as appropriate,
in the fiscal year in which the credit is made and each fiscal
year thereafter for use on the project for conservation practices
approved by the Secretary: Provided further, That funds appropriated to this account shall be available for the base salary and
expenses of employees that carry out the functions funded by the
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‘‘Capital Improvement and Maintenance’’ account, the ‘‘Range
Betterment Fund’’ account, and the ‘‘Management of National
Forest Lands for Subsistence Uses’’ account.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $156,130,000, to remain available through September
30, 2027, for construction, capital improvement, maintenance, and
acquisition of buildings and other facilities and infrastructure; for
construction, reconstruction, and decommissioning of roads that
are no longer needed, including unauthorized roads that are not
part of the transportation system; and for maintenance of forest
roads and trails by the Forest Service as authorized by 16 U.S.C.
532–538 and 23 U.S.C. 101 and 205: Provided, That $6,000,000
shall be for activities authorized by 16 U.S.C. 538(a): Provided
further, That $5,130,000 shall be for projects specified for Construction Projects in the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items’’ included for this division in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That funds
becoming available in fiscal year 2024 under the Act of March
4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund
of the Treasury and shall not be available for transfer or obligation
for any other purpose unless the funds are appropriated.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California; and the Ozark-St.
Francis and Ouachita National Forests, Arkansas; as authorized
by law, $664,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), to remain available through September
30, 2027, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public
Law 76–589, Public Law 76–591; and Public Law 78–310).
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, to remain available through September 30, 2027, of which not to exceed 6 percent shall be available
H. R. 4366—243
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2027, to be derived from
the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.),
$1,099,000, to remain available through September 30, 2027.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency wildland fire
suppression on or adjacent to such lands or other lands under
fire protection agreement, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$2,312,654,000, to remain available until expended: Provided, That
such funds, including unobligated balances under this heading,
are available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided further,
That any unobligated funds appropriated in a previous fiscal year
for hazardous fuels management may be transferred to the
‘‘National Forest System’’ account: Provided further, That such
funds shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and other
emergencies or disasters to the extent such reimbursements by
the Forest Service for non-fire emergencies are fully repaid by
the responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and
any non-Federal entity may be shared, as mutually agreed on
by the affected parties: Provided further, That funds made available
under this heading in this Act and unobligated balances made
available under this heading in prior Acts, other than amounts
designated by the Congress as being for an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, shall be available, in addition to any other funds made available for such purpose,
to continue uninterrupted the Federal wildland firefighter base
salary increases provided under section 40803(d)(4)(B) of Public
Law 117–58: Provided further, That of the funds provided under
this heading, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
H. R. 4366—244
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
In addition to the amounts provided under the heading ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations, $2,300,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 251(b)(2)(F) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided, That such
amounts may be transferred to and merged with amounts made
available under the headings ‘‘Department of the Interior—Department-Wide Programs—Wildland Fire Management’’ and ‘‘Department of Agriculture—Forest Service—Wildland Fire Management’’
for wildfire suppression operations in the fiscal year in which such
amounts are transferred: Provided further, That amounts may be
transferred to the ‘‘Wildland Fire Management’’ accounts in the
Department of the Interior or the Department of Agriculture only
upon the notification of the House and Senate Committees on
Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts
to the agency to which the funds will be transferred will be obligated
within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer
authority provided by law: Provided further, That, in determining
whether all wildfire suppression operations funds appropriated
under the heading ‘‘Wildland Fire Management’’ in this and prior
appropriations Acts to either the Department of Agriculture or
the Department of the Interior will be obligated within 30 days
pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority
provided by law shall be excluded.
COMMUNICATIONS SITE ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Amounts collected in this fiscal year pursuant to section
8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law
115–334), shall be deposited in the special account established
by section 8705(f)(1) of such Act, shall be available to cover the
costs described in subsection (c)(3) of such section of such Act,
and shall remain available until expended: Provided, That such
amounts shall be transferred to the ‘‘National Forest System’’
account.
ADMINISTRATIVE PROVISIONS—FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
H. R. 4366—245
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000
for employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
Funds made available to the Forest Service in this Act may
be transferred between accounts affected by the Forest Service
budget restructure outlined in section 435 of division D of the
Further Consolidated Appropriations Act, 2020 (Public Law 116–
94): Provided, That any transfer of funds pursuant to this paragraph
shall not increase or decrease the funds appropriated to any account
in this fiscal year by more than ten percent: Provided further,
That such transfer authority is in addition to any other transfer
authority provided by law.
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the
heading ‘‘Wildland Fire Management’’ will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph
must be replenished by a supplemental appropriation which must
be requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and
projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary funds
appropriated to the Forest Service by this Act to or within the
National Forest System Account, or reprogram funds to be used
for the purposes of hazardous fuels management and urgent
rehabilitation of burned-over National Forest System lands and
water: Provided, That such transferred funds shall remain available
through September 30, 2027: Provided further, That none of the
funds transferred pursuant to this paragraph shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations: Provided, That the Forest Service, acting
for the International Program, may sign direct funding agreements
H. R. 4366—246
with foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International Development,
the Department of State, and the Millennium Challenge Corporation), United States private sector firms, institutions and organizations to provide technical assistance and training programs on
forestry and rangeland management: Provided further, That to
maximize effectiveness of domestic and international research and
cooperation, the International Program may utilize all authorities
related to forestry, research, and cooperative assistance regardless
of program designations.
Funds appropriated to the Forest Service shall be available
to enter into a cooperative agreement with the section 509(a)(3)
Supporting Organization, ‘‘Forest Service International Foundation’’
to assist the Foundation in meeting administrative, project, and
other expenses, and may provide for the Foundation’s use of Forest
Service personnel and facilities.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges: Provided, That nothing
in this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
information technology services, including telecommunications and
system modifications or enhancements, from the Working Capital
Fund of the Department of Agriculture.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$300,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period
H. R. 4366—247
of Federal financial assistance, private contributions to match funds
made available by the Forest Service on at least a one-for-one
basis: Provided further, That the Foundation may transfer Federal
funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal
matching funds.
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Any amounts made available to the Forest Service in this
fiscal year, including available collections, may be used by the
Secretary of Agriculture, acting through the Chief of the Forest
Service, to enter into Federal financial assistance grants and
cooperative agreements to support forest or grassland collaboratives
in the accomplishment of activities benefitting both the public and
the National Forest System, Federal lands and adjacent non-Federal
lands. Eligible activities are those that will improve or enhance
Federal investments, resources, or lands, including for collaborative
and collaboration-based activities, including but not limited to facilitation, planning, and implementing projects, technical assistance,
administrative functions, operational support, participant costs, and
other capacity support needs, as identified by the Forest Service.
Eligible recipients are Indian tribal entities (defined at 25 U.S.C.
5304(e)), state government, local governments, private and nonprofit
entities, for-profit organizations, and educational institutions. The
Secretary of Agriculture, acting through the Chief of the Forest
Service, may enter into such cooperative agreements notwithstanding chapter 63 of title 31 when the Secretary determines
that the public interest will be benefited and that there exists
a mutual interest other than monetary considerations. Transactions
subject to Title 2 of the Code of Federal Regulations shall be
publicly advertised and require competition when required by such
Title 2. For those transactions not subject to Title 2 of the Code
of Federal Regulations, the agency may require public advertising
and competition when deemed appropriate. The term ‘‘forest and
grassland collaboratives’’ means groups of individuals or entities
with diverse interests participating in a cooperative process to
share knowledge, ideas, and resources about the protection, restoration, or enhancement of natural and other resources on Federal
and adjacent non-Federal lands, the improvement or maintenance
of public access to Federal lands, or the reduction of risk to such
lands caused by natural disasters.
The 19th unnumbered paragraph under the heading ‘‘Administrative Provisions, Forest Service’’ in title III of Public Law 109–
54, as amended, shall be further amended by striking ‘‘For each
fiscal year through 2009’’ and inserting ‘‘For this fiscal year and
each fiscal year thereafter’’ and adding at the end the following
new sentence: ‘‘Congress hereby ratifies and approves payments
H. R. 4366—248
by the Forest Service made in accordance with this paragraph
to agency employees stationed in Puerto Rico after August 2, 2005.’’.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance
and decommissioning.
Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations, and similar matters unrelated to civil
litigation: Provided, That future budget justifications for both the
Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums requested
for transfer.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
The Forest Service may employ or contract with an individual
who is enrolled in a training program at a longstanding Civilian
Conservation Center (as defined in section 147(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3197(d))) at regular
rates of pay for necessary hours of work on National Forest System
lands.
Funds appropriated to the Forest Service shall be available
to pay, from a single account, the base salary and expenses of
employees who carry out functions funded by other accounts for
Enterprise Program, Geospatial Technology and Applications
Center, remnant Natural Resource Manager, Job Corps, and
National Technology and Development Program.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles
II and III of the Public Health Service Act with respect to the
Indian Health Service, $56,061,000, to remain available until September 30, 2025, except as otherwise provided herein, which shall
H. R. 4366—249
be in addition to funds previously appropriated under this heading
that became available on October 1, 2023; in addition, $264,702,000,
to remain available until September 30, 2025, for the Electronic
Health Record System and the Indian Healthcare Improvement
Fund, of which $74,138,000 is for the Indian Health Care Improvement Fund and may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account; and,
in addition, $4,684,029,000, which shall become available on October
1, 2024, and remain available through September 30, 2026, except
as otherwise provided herein; together with payments received
during the fiscal year pursuant to sections 231(b) and 233 of the
Public Health Service Act (42 U.S.C. 238(b) and 238b), for services
furnished by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through contracts, grant
agreements, or any other agreements or compacts authorized by
the Indian Self-Determination and Education Assistance Act of
1975 (25 U.S.C. 450), shall be deemed to be obligated at the time
of the grant or contract award and thereafter shall remain available
to the tribe or tribal organization without fiscal year limitation:
Provided further, That from the amounts that become available
on October 1, 2024, $2,500,000 shall be available for grants or
contracts with public or private institutions to provide alcohol or
drug treatment services to Indians, including alcohol detoxification
services: Provided further, That from the amounts that become
available on October 1, 2024, $996,755,000 shall remain available
until expended for Purchased/Referred Care: Provided further, That
of the total amount specified in the preceding proviso for Purchased/
Referred Care, $54,000,000 shall be for the Indian Catastrophic
Health Emergency Fund: Provided further, That from the amounts
that become available on October 1, 2024, up to $51,000,000 shall
remain available until expended for implementation of the loan
repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That from the amounts that
become available on October 1, 2024, $58,000,000, to remain available until expended, shall be for costs related to or resulting from
accreditation emergencies, including supplementing activities
funded under the heading ‘‘Indian Health Facilities’’, of which up
to $4,000,000 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further, That the
amounts collected by the Federal Government as authorized by
sections 104 and 108 of the Indian Health Care Improvement Act
(25 U.S.C. 1613a and 1616a) during the preceding fiscal year for
breach of contracts shall be deposited in the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a–1) and shall remain
available until expended and, notwithstanding section 108A(c) of
that Act (25 U.S.C. 1616a–1(c)), funds shall be available to make
new awards under the loan repayment and scholarship programs
under sections 104 and 108 of that Act (25 U.S.C. 1613a and
1616a): Provided further, That the amounts made available within
this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services,
for the Domestic Violence Prevention Program, for the Zero Suicide
Initiative, for the housing subsidy authority for civilian employees,
for Aftercare Pilot Programs at Youth Regional Treatment Centers,
for transformation and modernization costs of the Indian Health
Service Electronic Health Record system, for national quality and
oversight activities, to improve collections from public and private
H. R. 4366—250
insurance at Indian Health Service and tribally operated facilities,
for an initiative to treat or reduce the transmission of HIV and
HCV, for a maternal health initiative, for the Telebehaviorial Health
Center of Excellence, for Alzheimer’s activities, for Village Built
Clinics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Director of the
Indian Health Service and shall remain available until expended:
Provided further, That funds provided in this Act may be used
for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds
are appropriated: Provided further, That the amounts collected by
the Secretary of Health and Human Services under the authority
of title IV of the Indian Health Care Improvement Act (25 U.S.C.
1613) shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except
for those related to the planning, design, or construction of new
facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act
(25 U.S.C. 1613) shall remain available until expended: Provided
further, That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act shall
be reported and accounted for and available to the receiving tribes
and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, and from tribes and tribal organizations operating health
facilities pursuant to Public Law 93–638, such individually identifiable health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.):
Provided further, That none of the funds provided that become
available on October 1, 2024, may be used for implementation
of the Electronic Health Record System or the Indian Health Care
Improvement Fund: Provided further, That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service
for the Electronic Health Record system shall be available for
obligation or expenditure for the selection or implementation of
a new Information Technology infrastructure system, unless the
Committees on Appropriations of the House of Representatives and
the Senate are consulted 90 days in advance of such obligation.
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service
for fiscal year 2024, such sums as may be necessary: Provided,
That notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account: Provided further, That amounts obligated
but not expended by a tribe or tribal organization for contract
support costs for such agreements for the current fiscal year shall
be applied to contract support costs due for such agreements for
subsequent fiscal years.
H. R. 4366—251
PAYMENTS FOR TRIBAL LEASES
For payments to tribes and tribal organizations for leases
pursuant to section 105(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2024,
such sums as may be necessary, which shall be available for obligation through September 30, 2025: Provided, That notwithstanding
any other provision of law, no amounts made available under this
heading shall be available for transfer to another budget account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection
of modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian Health
Care Improvement Act, and for expenses necessary to carry out
such Acts and titles II and III of the Public Health Service Act
with respect to environmental health and facilities support activities
of the Indian Health Service, $5,364,000, to remain available until
expended, which shall be in addition to funds previously appropriated under this heading that became available on October 1,
2023; in addition, $306,329,000, to remain available until expended,
for Sanitation Facilities Construction and Health Care Facilities
Construction; and, in addition, $506,854,000, which shall become
available on October 1, 2024, and remain available until expended:
Provided, That notwithstanding any other provision of law, funds
appropriated for the planning, design, construction, renovation, or
expansion of health facilities for the benefit of an Indian tribe
or tribes may be used to purchase land on which such facilities
will be located: Provided further, That not to exceed $500,000 may
be used for fiscal year 2025 by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided
further, That none of the funds provided that become available
on October 1, 2024, may be used for Health Care Facilities Construction or for Sanitation Facilities Construction: Provided further, That
of the amount appropriated under this heading for fiscal year 2024
for Sanitation Facilities Construction, $17,023,000 shall be for
projects specified for Sanitation Facilities Construction (CDS) in
the table titled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending
Items’’ included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation
facilities construction for new homes funded with grants by the
housing programs of the United States Department of Housing
and Urban Development.
ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
H. R. 4366—252
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and
Human Services; uniforms, or allowances therefor as authorized
by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings
that relate to the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42
U.S.C. 2651–2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law
or regulation, funds transferred from the Department of Housing
and Urban Development to the Indian Health Service shall be
administered under Public Law 86–121, the Indian Sanitation
Facilities Act and Public Law 93–638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those
used for administrative and program direction purposes, shall not
be subject to limitations directed at curtailing Federal travel and
transportation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be used
for any assessments or charges by the Department of Health and
Human Services unless such assessments or charges are identified
in the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That notwithstanding
any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant,
or agreement authorized by title I or title V of the Indian SelfDetermination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement
under title V of such Act and thereafter shall remain available
to the tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to the
Indian Health Service in this Act shall be used to implement
the final rule published in the Federal Register on September
16, 1987, by the Department of Health and Human Services,
relating to the eligibility for the health care services of the Indian
Health Service until the Indian Health Service has submitted a
budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That
with respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian SelfDetermination Act, may be credited to the same or subsequent
appropriation account from which the funds were originally derived,
H. R. 4366—253
with such amounts to remain available until expended: Provided
further, That reimbursements for training, technical assistance,
or services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead costs
associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service may provide
to civilian medical personnel serving in hospitals operated by the
Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the
United States Public Health Service serving in similar positions
at such hospitals: Provided further, That the appropriation structure
for the Indian Health Service may not be altered without advance
notification to the House and Senate Committees on Appropriations.
NATIONAL INSTITUTES
HEALTH
OF
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section
126(g) of the Superfund Amendments and Reauthorization Act of
1986, $79,714,000.
AGENCY
FOR
TOXIC SUBSTANCES
AND
DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $81,619,000: Provided,
That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA,
the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided further, That
in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall
be available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2024,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE
OF THE
PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
H. R. 4366—254
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $4,629,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY
AND
HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $14,400,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General
of EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions within
the Board.
OFFICE
OF
NAVAJO
AND
HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $5,024,000, to
remain available until expended, which shall be derived from unobligated balances from prior year appropriations available under this
heading: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and
groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any
other Act may be used by the Office of Navajo and Hopi Indian
Relocation to evict any single Navajo or Navajo family who, as
of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee
will be provided with more than one new or replacement home:
Provided further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite
on the Navajo reservation or selected a replacement residence off
the Navajo reservation or on the land acquired pursuant to section
11 of Public Law 93–531 (88 Stat. 1716).
H. R. 4366—255
INSTITUTE
OF
AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT
AND
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99–498 (20 U.S.C. 4411 et seq.),
$13,482,000, which shall become available on July 1, 2024, and
shall remain available until September 30, 2025.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; and purchase, rental,
repair, and cleaning of uniforms for employees, $892,855,000, to
remain available until September 30, 2025, except as otherwise
provided herein; of which not to exceed $28,000,000 for the
instrumentation program, collections acquisition, exhibition reinstallation, Smithsonian American Women’s History Museum,
National Museum of the American Latino, and the repatriation
of skeletal remains program shall remain available until expended;
and including such funds as may be necessary to support American
overseas research centers: Provided, That funds appropriated herein
are available for advance payments to independent contractors performing research services or participating in official Smithsonian
presentations: Provided further, That the Smithsonian Institution
may expend Federal appropriations designated in this Act for lease
or rent payments, as rent payable to the Smithsonian Institution,
and such rent payments may be deposited into the general trust
funds of the Institution to be available as trust funds for expenses
associated with the purchase of a portion of the building at 600
Maryland Avenue, SW, Washington, DC, to the extent that federally
supported activities will be housed there: Provided further, That
the use of such amounts in the general trust funds of the Institution
for such purpose shall not be construed as Federal debt service
for, a Federal guarantee of, a transfer of risk to, or an obligation
of the Federal Government: Provided further, That no appropriated
funds may be used directly to service debt which is incurred to
finance the costs of acquiring a portion of the building at 600
Maryland Avenue, SW, Washington, DC, or of planning, designing,
and constructing improvements to such building: Provided further,
That any agreement entered into by the Smithsonian Institution
for the sale of its ownership interest, or any portion thereof, in
such building so acquired may not take effect until the expiration
of a 30 day period which begins on the date on which the Secretary
of the Smithsonian submits to the Committees on Appropriations
of the House of Representatives and Senate, the Committees on
H. R. 4366—256
House Administration and Transportation and Infrastructure of
the House of Representatives, and the Committee on Rules and
Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated
Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536) on
the intended sale.
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $197,645,000, to remain available until
expended, of which not to exceed $10,000 shall be for services
as authorized by 5 U.S.C. 3109.
NATIONAL GALLERY
OF
ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when
authorized by the treasurer of the Gallery for membership in
library, museum, and art associations or societies whose publications or services are available to members only, or to members
at a price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $174,760,000, to remain available until September 30, 2025, of which not to exceed $3,875,000 for the special
exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of repair, restoration, and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, that address space
needs created by the ongoing renovations in the Master Facilities
Plan, as authorized, $34,480,000, to remain available until
expended: Provided, That of this amount, $24,574,000 shall be
available for design and construction of an off-site art storage
facility in partnership with the Smithsonian Institution and may
be transferred to the Smithsonian Institution for such purposes:
H. R. 4366—257
Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of
buildings of the National Gallery of Art may be negotiated with
selected contractors and awarded on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER
FOR THE
PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance, and
security of the John F. Kennedy Center for the Performing Arts,
including rent of temporary office space in the District of Columbia
during renovations of such Center, $32,293,000, to remain available
until September 30, 2025.
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $12,633,000, to remain available
until expended.
WOODROW WILSON INTERNATIONAL CENTER
FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $15,000,000, to remain available until September 30, 2025.
NATIONAL FOUNDATION
ON THE
ARTS
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $207,000,000 shall
be available to the National Endowment for the Arts for the support
of projects and productions in the arts, including arts education
and public outreach activities, through assistance to organizations
and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
NATIONAL ENDOWMENT
FOR THE
HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $207,000,000, to
remain available until expended, of which $192,000,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the
Act; and $15,000,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act, including
H. R. 4366—258
$13,000,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National Endowment
for the Humanities under the provisions of sections 11(a)(2)(B)
and 11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate the amount of such
grants does not exceed 5 percent of the sums appropriated for
grantmaking purposes per year: Provided further, That such small
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on
the Arts to the Chairperson.
COMMISSION
OF
FINE ARTS
SALARIES AND EXPENSES
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $3,661,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or
education: Provided further, That one-tenth of one percent of the
funds provided under this heading may be used for official reception
and representation expenses.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $5,000,000: Provided, That the item relating to
‘‘National Capital Arts and Cultural Affairs’’ in the Department
of the Interior and Related Agencies Appropriations Act, 1986,
as enacted into law by section 101(d) of Public Law 99–190 (20
U.S.C. 956a), shall be applied in fiscal year 2024 in the second
paragraph by inserting ‘‘, calendar year 2020 excluded’’ before the
first period: Provided further, That in determining an eligible
organization’s annual income for calendar years 2021, 2022, and
2023, funds or grants received by the eligible organization from
any supplemental appropriations made available in 2020 and 2021
H. R. 4366—259
in connection with the public health emergency declared by the
Secretary of Health and Human Services on January 31, 2020
(including renewals thereof) shall be counted as part of the eligible
organization’s annual income.
ADVISORY COUNCIL
ON
HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $8,585,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of 1 percent of the funds provided under
this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in
the planning and physical development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $65,231,000, of
which $1,000,000 shall remain available until September 30, 2026,
for the Museum’s equipment replacement program; and of which
$4,000,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.
PRESIDIO TRUST
The Presidio Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104–333), in an amount not to exceed $90,000,000.
UNITED STATES SEMIQUINCENTENNIAL COMMISSION
SALARIES AND EXPENSES
For
necessary
expenses
of
the
United
States
Semiquincentennial Commission to plan and coordinate observances
and activities associated with the 250th anniversary of the founding
of the United States, as authorized by Public Law 116–282, the
technical amendments to Public Law 114–196, $15,000,000, to
remain available until September 30, 2025.
H. R. 4366—260
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
RESTRICTION ON USE OF FUNDS
SEC. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
OBLIGATION OF APPROPRIATIONS
SEC. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DISCLOSURE OF ADMINISTRATIVE EXPENSES
SEC. 403. The amount and basis of estimated overhead charges,
deductions, reserves, or holdbacks, including working capital fund
charges, from programs, projects, activities and subactivities to
support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject
to approval by the Committees on Appropriations of the House
of Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
MINING APPLICATIONS
SEC. 404. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary
of the Interior determines that, for the claim concerned: (1) a
patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims, sections 2329, 2330, 2331, and 2333 of
the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims,
and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by the
applicant by that date.
(c) REPORT.—On September 30, 2025, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House
and the Committee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104–
208).
H. R. 4366—261
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Director of the Bureau of Land Management to conduct
a mineral examination of the mining claims or mill sites contained
in a patent application as set forth in subsection (b). The Bureau
of Land Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION
SEC. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113–
235) shall continue in effect in fiscal year 2024.
CONTRACT SUPPORT COSTS, FISCAL YEAR 2024 LIMITATION
SEC. 406. Amounts provided by this Act for fiscal year 2024
under the headings ‘‘Department of Health and Human Services,
Indian Health Service, Contract Support Costs’’ and ‘‘Department
of the Interior, Bureau of Indian Affairs and Bureau of Indian
Education, Contract Support Costs’’ are the only amounts available
for contract support costs arising out of self-determination or selfgovernance contracts, grants, compacts, or annual funding agreements for fiscal year 2024 with the Bureau of Indian Affairs,
Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available
for payment of claims for contract support costs for prior years,
or for repayments of payments for settlements or judgments
awarding contract support costs for prior years.
FOREST MANAGEMENT PLANS
SEC. 407. The Secretary of Agriculture shall not be considered
to be in violation of section 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision
of the plan for a unit of the National Forest System. Nothing
in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act
(16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
Secretary is not acting expeditiously and in good faith, within
the funding available, to revise a plan for a unit of the National
Forest System, this section shall be void with respect to such
plan and a court of proper jurisdiction may order completion of
the plan on an accelerated basis.
PROHIBITION WITHIN NATIONAL MONUMENTS
SEC. 408. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
H. R. 4366—262
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
LIMITATION ON TAKINGS
SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
PROHIBITION ON NO-BID CONTRACTS
SEC. 410. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is entered
into in accordance with the requirements of Chapter 33 of title
41, United States Code, or Chapter 137 of title 10, United States
Code, and the Federal Acquisition Regulation, unless—
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638,
25 U.S.C. 5301 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 5304(e)); or
(3) such contract was awarded prior to the date of enactment of this Act.
POSTING OF REPORTS
SEC. 411. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES
SEC. 412. Of the funds provided to the National Endowment
for the Arts—
(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
H. R. 4366—263
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES
SEC. 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
H. R. 4366—264
STATUS OF BALANCES OF APPROPRIATIONS
SEC. 414. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of appropriations including all uncommitted, committed,
and unobligated funds in each program and activity within 60
days of enactment of this Act.
EXTENSION OF GRAZING PERMITS
SEC. 415. The terms and conditions of section 325 of Public
Law 108–108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to administration
under section 402 of the Federal Lands Policy and Management
Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2024.
FUNDING PROHIBITION
SEC. 416. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
HUMANE TRANSFER AND TREATMENT OF ANIMALS
SEC. 417. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, with respect to land administered by
the Bureau of Land Management, or the Secretary of Agriculture,
with respect to land administered by the Forest Service (referred
to in this section as the ‘‘Secretary concerned’’), may transfer excess
wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local
government agencies for use as work animals.
(b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or
local government agency.
(c) An excess wild horse or burro transferred under subsection
(a) shall lose status as a wild free-roaming horse or burro (as
defined in section 2 of Public Law 92–195 (commonly known as
the ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 U.S.C. 1332)).
(d) A Federal, State, or local government agency receiving an
excess wild horse or burro pursuant to subsection (a) shall not—
(1) destroy the horse or burro in a manner that results
in the destruction of the horse or burro into a commercial
product;
(2) sell or otherwise transfer the horse or burro in a manner
that results in the destruction of the horse or burro for processing into a commercial product; or
(3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe
injury, illness, or advanced age.
(e) Amounts appropriated by this Act shall not be available
for—
H. R. 4366—265
(1) the destruction of any healthy, unadopted, and wild
horse or burro under the jurisdiction of the Secretary concerned
(including a contractor); or
(2) the sale of a wild horse or burro that results in the
destruction of the wild horse or burro for processing into a
commercial product.
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT
AUTHORIZATION EXTENSION
SEC. 418. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d
note) shall be applied by substituting ‘‘September 30, 2024’’ for
‘‘September 30, 2019’’.
USE OF AMERICAN IRON AND STEEL
SEC. 419. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be used for a project for the construction, alteration, maintenance,
or repair of a public water system or treatment works unless
all of the iron and steel products used in the project are produced
in the United States.
(2) In this section, the term ‘‘iron and steel’’ products means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental Protection
Agency (in this section referred to as the ‘‘Administrator’’) finds
that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under
this section, the Administrator shall make available to the public
on an informal basis a copy of the request and information available
to the Administrator concerning the request, and shall allow for
informal public input on the request for at least 15 days prior
to making a finding based on the request. The Administrator shall
make the request and accompanying information available by electronic means, including on the official public Internet Web site
of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the requirements of this section.
H. R. 4366—266
LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF
EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES
SEC. 420. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training
and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is further
authorized to transfer title to excess Department of the Interior
firefighting equipment no longer needed to carry out the functions
of the Department’s wildland fire management program to such
organizations.
RECREATION FEES
SEC. 421. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting ‘‘October
1, 2025’’ for ‘‘September 30, 2019’’.
REPROGRAMMING GUIDELINES
SEC. 422. None of the funds made available in this Act, in
this and prior fiscal years, may be reprogrammed without the
advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
LOCAL CONTRACTORS
SEC. 423. Section 412 of division E of Public Law 112–74
shall be applied by substituting ‘‘fiscal year 2024’’ for ‘‘fiscal year
2019’’.
SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION
SEC. 424. Section 422 of division F of Public Law 110–161
(121 Stat 1844), as amended, shall be applied by substituting ‘‘fiscal
year 2024’’ for ‘‘fiscal year 2019’’.
INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION
SEC. 425. Section 426 of division G of Public Law 113–76
(16 U.S.C. 565a–1 note) shall be applied by substituting ‘‘September
30, 2024’’ for ‘‘September 30, 2019’’.
FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION
EXTENSION
SEC. 426. Section 339 of the Department of the Interior and
Related Agencies Appropriations Act, 2000 (as enacted into law
by Public Law 106–113; 16 U.S.C. 528 note), as amended by section
335(6) of Public Law 108–108 and section 432 of Public Law 113–
76, shall be applied by substituting ‘‘fiscal year 2024’’ for ‘‘fiscal
year 2019’’.
H. R. 4366—267
CHACO CANYON
SEC. 427. None of the funds made available by this Act may
be used to accept a nomination for oil and gas leasing under
43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any
Federal lands within the withdrawal area identified on the map
of the Chaco Culture National Historical Park prepared by the
Bureau of Land Management and dated April 2, 2019, prior to
the completion of the cultural resources investigation identified
in the explanatory statement described in section 4 in the matter
preceding division A of the Consolidated Appropriations Act, 2021
(Public Law 116–260).
TRIBAL LEASES
SEC. 428. (a) Notwithstanding any other provision of law, in
the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the
initial lease term shall commence no earlier than the date of receipt
of the lease proposal.
(b) The Secretaries of the Interior and Health and Human
Services shall, jointly or separately, during fiscal year 2024 consult
with tribes and tribal organizations through public solicitation and
other means regarding the requirements for leases under section
105(l) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5324(l)) on how to implement a consistent and
transparent process for the payment of such leases.
FOREST ECOSYSTEM HEALTH AND RECOVERY FUND
SEC. 429. The authority provided under the heading ‘‘Forest
Ecosystem Health and Recovery Fund’’ in title I of Public Law
111–88, as amended by section 117 of division F of Public Law
113–235, shall be applied by substituting ‘‘fiscal year 2024’’ for
‘‘fiscal year 2020’’ each place it appears.
ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND AND LAND AND WATER CONSERVATION
FUND
SEC. 430. (a)(1) Within 45 days of enactment of this Act, the
Secretary of the Interior shall allocate amounts made available
from the National Parks and Public Land Legacy Restoration Fund
for fiscal year 2024 pursuant to subsection (c) of section 200402
of title 54, United States Code, and as provided in subsection
(e) of such section of such title, to the agencies of the Department
of the Interior and the Department of Agriculture specified, in
the amounts specified, for the stations and unit names specified,
and for the projects and activities specified in the table titled
‘‘Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(2) Within 45 days of enactment of this Act, the Secretary
of the Interior and the Secretary of Agriculture, as appropriate,
shall allocate amounts made available for expenditure from the
Land and Water Conservation Fund for fiscal year 2024 pursuant
to subsection (a) of section 200303 of title 54, United States Code,
H. R. 4366—268
to the agencies and accounts specified, in the amounts specified,
and for the projects and activities specified in the table titled
‘‘Allocation of Funds: Land and Water Conservation Fund Fiscal
Year 2024’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or
subsection (a) of section 200303 of title 54, United States Code,
other than in amounts and for projects and activities that are
allocated by subsections (a)(1) and (a)(2) of this section: Provided,
That in any fiscal year, the matter preceding this proviso shall
not apply to the allocation of amounts for continuing administration
of programs allocated funds from the National Parks and Public
Land Legacy Restoration Fund or the Land and Water Conservation
Fund, which may be allocated only in amounts that are no more
than the allocation for such purposes in subsections (a)(1) and
(a)(2) of this section.
(c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s ‘‘Contingency
Fund’’ line in the table titled ‘‘Allocation of Funds: National Parks
and Public Land Legacy Restoration Fund Fiscal Year 2024’’ to
any project funded by the National Parks and Public Land Legacy
Restoration Fund within the same agency, from any fiscal year,
that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements:
(1) ‘‘Contingency Fund’’ amounts may only be reallocated
if there is a risk to project completion resulting from unforeseen
cost overruns;
(2) ‘‘Contingency Fund’’ amounts may only be reallocated
for cost of adjustments and changes within the original scope
of effort for projects funded by the National Parks and Public
Land Legacy Restoration Fund; and
(3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees
on Appropriations 30 days before taking any actions authorized
by this subsection if the amount reallocated from the ‘‘Contingency Fund’’ line for a project is projected to be 10 percent
or greater than the following, as applicable:
(A) The amount allocated to that project in the table
titled ‘‘Allocation of Funds: National Parks and Public Land
Legacy Restoration Fund Fiscal Year 2024’’ in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act); or
(B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees
on Appropriations pursuant to section 431(e) of division
G of the Consolidated Appropriations Act, 2023 (Public
Law 117–328).
(d)(1) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of the Interior and
the Secretary of Agriculture shall each submit to the Committees
on Appropriations of the House of Representatives and the Senate
project data sheets for the projects in the ‘‘Submission of Annual
List of Projects to Congress’’ required by section 200402(h) of title
54, United States Code: Provided, That the ‘‘Submission of Annual
H. R. 4366—269
List of Projects to Congress’’ must include a ‘‘Contingency Fund’’
line for each agency within the allocations defined in subsection
(e) of section 200402 of title 54, United States Code: Provided
further, That in the event amounts allocated by this Act or any
prior Act for the National Parks and Public Land Legacy Restoration Fund are no longer needed to complete a specified project,
such amounts may be reallocated in such submission to that
agency’s ‘‘Contingency Fund’’ line: Provided further, That any proposals to change the scope of or terminate a previously approved
project must be clearly identified in such submission.
(2)(A) Concurrent with the annual budget submission of the
President for fiscal year 2025, the Secretary of the Interior and
the Secretary of Agriculture shall each submit to the Committees
on Appropriations of the House of Representatives and the Senate
a list of supplementary allocations for Federal land acquisition
and Forest Legacy Projects at the National Park Service, the U.S.
Fish and Wildlife Service, the Bureau of Land Management, and
the U.S. Forest Service that are in addition to the ‘‘Submission
of Cost Estimates’’ required by section 200303(c)(1) of title 54,
United States Code, that are prioritized and detailed by account,
program, and project, and that total no less than half the full
amount allocated to each account for that land management Agency
under the allocations submitted under section 200303(c)(1) of title
54, United States Code: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a)
of section 200303 of title 54, United States Code are no longer
needed because a project has been completed or can no longer
be executed, such amounts must be clearly identified if proposed
for reallocation in the annual budget submission.
(B) The Federal land acquisition and Forest Legacy projects
in the ‘‘Submission of Cost Estimates’’ required by section
200303(c)(1) of title 54, United States Code, and on the list of
supplementary allocations required by subparagraph (A) shall be
comprised only of projects for which a willing seller has been
identified and for which an appraisal or market research has been
initiated.
(C) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the
Secretary of Agriculture shall each submit to the Committees on
Appropriations of the House of Representatives and the Senate
project data sheets in the same format and containing the same
level of detailed information that is found on such sheets in the
Budget Justifications annually submitted by the Department of
the Interior with the President’s Budget for the projects in the
‘‘Submission of Cost Estimates’’ required by section 200303(c)(1)
of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on
such sheets submitted to the Committees pursuant to section 427
of division D of the Further Consolidated Appropriations Act, 2020
(Public Law 116–94) for the list of supplementary allocations
required by subparagraph (A).
(e) The Department of the Interior and the Department of
Agriculture shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of projects and activities funded by the National Parks
and Public Land Legacy Restoration Fund for amounts allocated
pursuant to subsection (a)(1) of this section and the status of
H. R. 4366—270
balances of projects and activities funded by the Land and Water
Conservation Fund for amounts allocated pursuant to subsection
(a)(2) of this section, including all uncommitted, committed, and
unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy
Restoration Fund amounts reallocated pursuant to subsection (c)
of this section.
POLICIES RELATING TO BIOMASS ENERGY
SEC. 431. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture, and
the Administrator of the Environmental Protection Agency shall,
consistent with their missions, jointly—
(1) ensure that Federal policy relating to forest bioenergy—
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that—
(A) reflect the carbon neutrality of forest bioenergy
and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does
not cause conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in—
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use forest
biomass.
SMALL REMOTE INCINERATORS
SEC. 432. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ‘‘small,
remote incinerator’’ units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the
law and regulations in effect prior to such date.
TIMBER SALE REQUIREMENTS
SEC. 433. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
H. R. 4366—271
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber
sale holder.
TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINISTRATION FOR
THE NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND
SEC. 434. Funds made available or allocated in this Act to
the Department of the Interior or the Department of Agriculture
that are subject to the allocations and limitations in 54 U.S.C.
200402(e) and prohibitions in 54 U.S.C. 200402(f) may be further
allocated or reallocated to the Federal Highway Administration
for transportation projects of the covered agencies defined in 54
U.S.C. 200401(2).
PROHIBITION ON USE OF FUNDS
SEC. 435. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.
GREENHOUSE GAS REPORTING RESTRICTIONS
SEC. 436. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
FUNDING PROHIBITION
SEC. 437. None of the funds made available by this or any
other Act may be used to regulate the lead content of ammunition,
ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.
FIREFIGHTER PAY CAP
SEC. 438. Section 1701 of division B of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C.
5547 note), as amended by Public Law 117–103, is further
amended—
(1) in subsection (a)(1), by striking the last sentence and
inserting ‘‘Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall
be disregarded in applying this subsection’’; and
(2) in subsections (a), (b), and (c) by inserting ‘‘or 2024’’
after ‘‘or 2023’’ each place it appears.
H. R. 4366—272
TECHNICAL CORRECTION
SEC. 439. In the table entitled ‘‘Interior and Environment Incorporation of Community Project Funding Items/Congressionally
Directed Spending Items’’ in the explanatory statement described
in section 4 in the matter preceding division A of Public Law
117–328 and in the table under the heading ‘‘Disclosure of Earmarks
and Congressionally Directed Spending Items’’ in such explanatory
statement, the project relating to ‘‘Historic Campbell Chapel Restoration Committee for the Restoration of Historic Campbell Chapel’’
is deemed to be amended by striking ‘‘Historic Preservation Fund—
Save America’s Treasures Grants’’ and inserting ‘‘Historic Preservation Fund—Historic Preservation Fund Grants’’.
ALASKA NATIVE REGIONAL HEALTH ENTITIES AUTHORIZATION
EXTENSION
SEC. 440. Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 (Public Law 113–76) shall be applied
by substituting ‘‘October 1, 2024’’ for ‘‘December 24, 2022’’.
LAVA RIDGE WIND PROJECT
SEC. 441. (a) None of the funds made available by this Act
may be obligated or expended for the purpose of granting, issuing,
or renewing a right-of-way under section 501 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava
Ridge Wind Project, unless or until the Secretary of the Interior,
acting through the Bureau of Land Management, has analyzed,
in consultation with local elected officials and stakeholders, action
alternatives designed to reduce impacts to wildlife, cultural
resources, transportation, hunting, wetlands and the connected surface and ground waters. The Secretary shall complete such consultations, and seek feedback regarding action alternatives, not later
than September 30, 2024, and no funds made available in this
Act shall be used for granting, issuing, or renewing a right-ofway under section 501 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project
while such consultations and efforts are ongoing.
(b) Prior to granting, issuing, or renewing a right-of-way under
section 501 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, the Secretary shall periodically report to the House and Senate Committees
on Appropriations on the status of consultations required under
subsection (a) and, once such consultations are complete, provide
a briefing to the Committees on the action alternatives and the
feedback of local elected officials and stakeholders.
LIMITATION
SEC. 442. If requested by the claimant of any mining claim
located within the area covered by Public Land Order 7921, the
Bureau of Land Management shall prioritize completion of a validity
determination for such claim. The Bureau of Land Management
shall strive to complete any such validity determination not later
than 3 years of receipt of the request.
H. R. 4366—273
GOOD NEIGHBOR AUTHORITY
SEC. 443. Section 8206 of the Agriculture Act of 2014 (16
U.S.C. 2113a), as amended by section 8624 of the Agriculture
Improvement Act of 2018 (Public Law 115–334) and the Consolidated Appropriation Act, 2023 (Public Law 117–328), is further
amended—
(1) in subsection (a)(3)(A), by adding before the period:
‘‘; or’’
‘‘(iii) National Park System land; or
‘‘(iv) National Wildlife Refuge Land’’;
(2) in subsection (a)(4)(B)(i), by striking ‘‘or’’ after ‘‘National
Forest System’’ and inserting ‘‘,’’;
(3) in subsection (a)(4)(B)(i), by inserting ‘‘, National Park
Service, or National Wildlife Refuge’’ after ‘‘Bureau of Land
Management’’;
(4) in subsection (b)(2)(C)(ii), by striking ‘‘2023’’ and
inserting ‘‘2024’’;
(5) in subsection (b)(4) by striking ‘‘land or’’ and inserting
‘‘,’’; and
(6) in subsection (b)(4) by inserting ‘‘, National Park
System, or U.S. Fish and Wildlife Service’’ after ‘‘Bureau of
Land Management’’.
FOREST SERVICE NONRECURRING EXPENSE FUND
SEC. 444. There is hereby established in the Treasury of the
United States a fund to be known as the ‘‘Forest Service Nonrecurring Expenses Fund’’ (the Fund): Provided, That unobligated
balances of expired discretionary funds, and discretionary no-year
funds at least four years old and deemed by the Chief of the
Forest Service no longer needed for their intended purpose, appropriated for this or any succeeding fiscal year from the general
fund of the Treasury to the Forest Service by this or any other
Act may be transferred into the Fund: Provided further, That
amounts deposited in the Fund shall be available until expended,
and in addition to such other funds as may be available, for information technology; administrative expenses such as, but not limited
to, utility and lease payments; facilities infrastructure maintenance,
improvements, and construction; and roads infrastructure maintenance, subject to approval by the Office of Management and Budget:
Provided further, That amounts in the Fund may not be obligated
without written notification to and the prior approval of the
Committees on Appropriations of the House of Representatives and
the Senate in conformance with the reprogramming guidelines
described in this Act.
WORLD WAR I CENTENNIAL COMMISSION
SEC. 445. In addition to the authority provided by section
6(g) of the World War I Centennial Commission Act, as authorized
by the World War I Centennial Commission Act (Public Law 112–
272) and the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113–
291), the World War I Commission may accept money, in-kind
personnel services, contractual support, or any appropriate support
from any executive branch agency for activities of the Commission.
H. R. 4366—274
RESCISSION
SEC. 446. Of the unobligated balances from discretionary
amounts made available for fiscal year 2020 or prior fiscal years
and derived from the Land and Water Conservation Fund, the
following are hereby permanently rescinded—
(1) $89,000,000 from National Park Service grant programs
with unobligated carryover balances; and
(2) $5,000,000 from the Bureau of Land Management:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESCISSION
SEC. 447. Of the unobligated balances from amounts made
available by section 11001 of Public Law 117–2, $350,000,000 are
hereby permanently rescinded.
RESCISSION
SEC. 448. Of the unobligated balances from amounts made
available for fiscal year 2023 or prior fiscal years under the heading
‘‘Department of Health and Human Services—Indian Health
Service—Indian Health Services’’ for costs related to or resulting
from accreditation emergencies, $90,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2024’’.
H. R. 4366—275
DIVISION F—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE
OF THE
SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$191,295,000, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading—
(1) $3,770,000 shall be available for the immediate Office
of the Secretary;
(2) $1,370,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $32,272,000 shall be available for the Office of the
General Counsel;
(4) $20,064,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$2,000,000 is for the Office for Multimodal Freight Infrastructure and Policy: Provided, That the Secretary must obtain
reprogramming approval from the House and Senate Committees on Appropriations under section 405 of this Act prior
to executing the authorities of section 118(g)(2)–(3) of title
49, United States Code;
(5) $22,724,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $7,138,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs;
(7) $43,284,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $6,244,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,515,000 shall be available for the Office of the Executive Secretariat;
(10) $16,506,000 shall be available for the Office of Intelligence, Security, and Emergency Response;
(11) $33,879,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,529,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation (referred
to in this title as the ‘‘Secretary’’) is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 7 percent by all such transfers: Provided further,
That notice of any change in funding greater than 7 percent shall
be submitted for approval to the House and Senate Committees
on Appropriations: Provided further, That not to exceed $70,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law,
H. R. 4366—276
there may be credited to this appropriation up to $2,500,000 in
funds received in user fees.
RESEARCH AND TECHNOLOGY
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $49,040,000, of which
$22,500,000 shall remain available until expended: Provided, That
of such amounts that are available until expended, $10,000,000
shall be for necessary expenses of the Advanced Research Projects
Agency—Infrastructure (ARPA–I) as authorized by section 119 of
title 49, United States Code: Provided further, That within the
funds made available under the preceding proviso, not less than
$8,000,000 shall be available for research on durability, resiliency,
and sustainability of bridges and other infrastructure and shall
be directed to an accredited university of higher education in the
northeast United States that has experience leading a regional
university transportation center and a proven record of developing,
patenting, deploying, and commercializing innovative composite
materials and technologies for bridge and other transportation
applications, as well as conducting research and developing prototypes using very large-scale polymer-based additive manufacturing:
Provided further, That there may be credited to this appropriation,
to be available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary
for Research and Technology of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United
States Code, $345,000,000, to remain available until expended:
Provided, That section 6702(f)(2) of title 49, United States Code,
shall not apply to amounts made available under this heading
in this Act: Provided further, That of the amounts made available
under this heading in this Act, not less than 5 percent shall be
awarded to projects in historically disadvantaged communities or
areas of persistent poverty as defined under section 6702(a)(1)
of title 49, United States Code: Provided further, That grants
awarded under this heading in this Act for eligible projects for
planning, preparation, or design shall not be subject to a minimum
grant size: Provided further, That in distributing amounts made
available under this heading in this Act, the Secretary shall take
such measures so as to ensure an equitable geographic distribution
of funds, an appropriate balance in addressing the needs of urban
and rural areas, including Tribal areas, and the investment in
a variety of transportation modes: Provided further, That for
amounts made available under this heading in this Act, the Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That section 6702(f)(1) of title 49, United States
Code, shall not apply to amounts made available under this heading
H. R. 4366—277
in this Act: Provided further, That of the amounts awarded under
this heading in this Act, not more than 50 percent shall be allocated
for eligible projects located in rural areas and not more than 50
percent shall be allocated for eligible projects located in urbanized
areas: Provided further, That for the purpose of determining if
an award for planning, preparation, or design under this heading
in this Act is an urban award, the project location is the location
of the project being planned, prepared, or designed: Provided further, That the Secretary may retain up to 2 percent of the amounts
made available under this heading in this Act, and may transfer
portions of such amounts to the Administrators of the Federal
Aviation Administration, the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration to fund the award and oversight of grants and credit assistance made under the program
authorized under section 6702 of title 49, United States Code:
Provided further, That for amounts made available under this
heading in this Act, the Secretary shall consider and award projects
based solely on the selection criteria as identified under section
6702(d)(3) and (d)(4) of title 49, United States Code.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU
For necessary expenses of the National Surface Transportation
and Innovative Finance Bureau as authorized by 49 U.S.C. 116,
$9,558,000, to remain available until expended: Provided, That
the Secretary may collect and spend fees, as authorized by title
23, United States Code, to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to other amounts
made available for such purposes and are not subject to any obligation limitation or the limitation on administrative expenses under
section 608 of title 23, United States Code.
RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT
For necessary expenses to carry out rural and Tribal infrastructure advancement as authorized in section 21205 of Public Law
117–58, $25,000,000, to remain available until September 30, 2026:
Provided, That the Secretary may enter into cooperative agreements
with philanthropic entities, non-profit organizations, other Federal
agencies, State or local governments and their agencies, Indian
Tribes, or other technical assistance providers, to provide such
technical assistance, planning, and capacity building to State, local,
or Tribal governments, United States territories, metropolitan planning organizations, transit agencies, or other political subdivisions
of State or local governments.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code,
H. R. 4366—278
and such authority shall exist as long as any such direct loan
or loan guarantee is outstanding.
FINANCIAL MANAGEMENT CAPITAL
For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering business processes, $5,000,000, to remain available
through September 30, 2025.
CYBER SECURITY INITIATIVES
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced
security controls on agency computers and mobile devices,
$49,000,000, to remain available until September 30, 2025.
OFFICE OF CIVIL RIGHTS
For necessary
$18,228,000.
expenses
of
the
Office
of
Civil
Rights,
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $24,369,000, to remain available until expended: Provided,
That of such amount, $5,436,000 shall be for necessary expenses
of the Interagency Infrastructure Permitting Improvement Center
(IIPIC): Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts transferred from other Federal agencies for expenses incurred under
this heading for IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed
by the IIPIC shall be available to other Federal agencies for the
permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies
provide funding to the Department in accordance with the preceding
proviso: Provided further, That of the amounts made available
under this heading, $3,443,000 shall be made available for the
purposes, and in amounts, specified for Congressionally Directed
Spending in the table entitled ‘‘Community Project Funding/
Congressionally Directed Spending’’ included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $522,165,000, shall
be paid from appropriations made available to the Department
H. R. 4366—279
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the limitation in the preceding proviso on operating expenses shall not apply to entities
external to the Department of Transportation or for funds provided
in Public Law 117–58: Provided further, That no funds made available by this Act to an agency of the Department shall be transferred
to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the
Secretary: Provided further, That no assessments may be levied
against any program, budget activity, subactivity, or project funded
by this Act unless notice of such assessments and the basis therefor
are presented to the House and Senate Committees on Appropriations and are approved by such Committees.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,330,000, to remain available
until September 30, 2025: Provided, That notwithstanding section
332 of title 49, United States Code, such amounts may be used
for business opportunities related to any mode of transportation:
Provided further, That appropriations made available under this
heading shall be available for any purpose consistent with prior
year appropriations that were made available under the heading
‘‘Office of the Secretary—Minority Business Resource Center Program’’.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under sections 41731
through 41742 of title 49, United States Code, $348,554,000, to
be derived from the Airport and Airway Trust Fund, to remain
available until expended: Provided, That in determining between
or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air service minimum requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United States
Code: Provided further, That amounts authorized to be distributed
for the essential air service program under section 41742(b) of
title 49, United States Code, shall be made available immediately
from amounts otherwise provided to the Administrator of the Federal Aviation Administration: Provided further, That the Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of
title 49, United States Code, for fiscal year 2024, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1)
of title 49, United States Code, and the subsidy cap established
by section 332 of the Department of Transportation and Related
Agencies Appropriations Act, 2000, shall not apply to maintain
eligibility under section 41731 of title 49, United States Code.
H. R. 4366—280
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
operating administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for congressional notification.
SEC. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
SEC. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is authorized to provide partial or full payments in advance
and accept subsequent reimbursements from all Federal agencies
from available funds for transit benefit distribution services that
are necessary to carry out the Federal transit pass transportation
fringe benefit program under Executive Order No. 13150 and section
3049 of SAFETEA–LU (5 U.S.C. 7905 note): Provided, That the
Department shall maintain a reasonable operating reserve in the
Working Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees: Provided
further, That such reserve shall not exceed 1 month of benefits
payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund shall be fully reimbursed by each customer
agency from available funds for the actual cost of the transit benefit.
SEC. 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States
Code, for unused transit and van pool benefits, in an amount
not to exceed 10 percent of fiscal year 2024 collections, shall be
available until expended in the Department’s Working Capital Fund
to provide contractual services in support of section 189 of this
Act: Provided, That obligations in fiscal year 2024 of such collections
shall not exceed $1,000,000.
SEC. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the prior
written approval of the Assistant Secretary for Administration.
SEC. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Administrative
Working Capital Fund is hereby authorized to transfer information
technology equipment, software, and systems from departmental
sources or other entities and collect and maintain a reserve at
rates which will return full cost of transferred assets.
SEC. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval to
H. R. 4366—281
provide credit assistance under sections 603 and 604 of title 23,
United States Code, the Secretary provides notification in writing
to the following committees: the House and Senate Committees
on Appropriations; the Committee on Environment and Public
Works and the Committee on Banking, Housing and Urban Affairs
of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, That such notification shall include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit assistance
will be provided as a direct loan, loan guarantee, or line of credit;
and the amount of credit assistance.
SEC. 108. Of the unobligated balances from amounts made
available for ‘‘Railroad Rehabilitation and Improvement Financing
Program’’ in section 109 of division L of Public Law 117–103,
$8,948,237.30 is hereby permanently rescinded.
SEC. 109. The Secretary of Transportation may transfer
amounts awarded to a federally recognized Tribe under a funding
agreement entered into under part 29 of title 49, Code of Federal
Regulations, from the Department of Transportation’s Operating
Administrations to the Office of Tribal Government Affairs: Provided, That any amounts retroceded or reassumed under such part
may be transferred back to the appropriate Operating Administration.
SEC. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation’s operating
administrations in this Act for the costs of award, administration,
or oversight of financial assistance under the programs identified
in subsection (c) may be transferred to the account identified in
section 801 of division J of Public Law 117–58, to remain available
until expended, for the necessary expenses of award, administration,
or oversight of any financial assistance programs in the Department
of Transportation.
(b) Amounts transferred under the authority in this section
are available in addition to amounts otherwise available for such
purpose.
(c) The program from which funds made available under this
Act may be transferred under subsection (a) are—
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code; and
(2) the university transportation centers program under
section 5505 of title 49, United States Code.
SEC. 109B. Of the amounts made available under the heading
‘‘National Infrastructure Investments’’, up to $35,000,000 shall be
available—
(1) First, to fully fund the projects at the amounts for
which they applied under section 109B of the Consolidated
Appropriations Act, 2023 (division L of Public Law 117–328)
and were not fully funded; and
(2) Second, to fund highway infrastructure projects for
which the initial grant agreement was executed between
January 14, 2021 and February 14, 2021 for awards made
from the national infrastructure investments program under
title I of division G of the Consolidated Appropriations Act,
2019 (Public Law 116–6): Provided, That sponsors of projects
eligible for funds made available under subsection shall provide
sufficient written justification describing, at a minimum, the
H. R. 4366—282
current project cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant
information, as determined by the Secretary: Provided further,
That funds made available under this subsection shall be allocated to projects eligible to receive funding under this section
in order of the date the grant agreements were initially
executed: Provided further, That the allocation under the previous proviso will be for the amounts necessary to cover
increases to eligible project costs since the grant was obligated,
based on the information provided: Provided further, That section 200.204 of title 2, Code of Federal Regulations, shall not
apply to amounts made available under this section: Provided
further, That the amounts made available under this section
shall not be subject to limitations under section 6702(c) of
title 49, United States Code: Provided further, That the
amounts made available under this section shall not be part
of the Federal share of total project costs under section
6702(e)(1) of title 49, United States Code: Provided further,
That section 6702(f) of title 49, United States Code, shall not
apply to amounts made available under this section: Provided
further, That the Office of the Secretary of Transportation
shall provide the amounts allocated to projects under this section no later than 120 days after the date the sufficient written
justifications required under this section have been submitted.
SEC. 109C. For amounts provided for this fiscal year and prior
fiscal years, section 24112(c)(2)(B) of Public Law 117–58 shall be
applied by substituting ‘‘30 percent’’ for ‘‘40 percent’’.
SEC. 109D. The remaining unobligated balances, as of September 30, 2024, from amounts made available for the ‘‘Department
of Transportation—Office of the Secretary—National Infrastructure
Investments’’ in division L of the Consolidated Appropriations Act,
2021 (Public Law 116–260) are hereby permanently rescinded, and
an amount of additional new budget authority equivalent to the
amount rescinded is hereby appropriated on September 30, 2024,
to remain available until September 30, 2027, and shall be available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2021 national infrastructure investments program, in addition to other funds as may be
available for such purposes: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 109E. For amounts provided for fiscal year 2024 under
the heading ‘‘National Infrastructure Investments’’ in title VIII
of division J of the Infrastructure Investment and Jobs Act (Public
Law 117–58) to carry out section 6702 of title 49, United States
Code, the set aside for historically disadvantaged communities or
areas of persistent poverty under subsection (f)(2) of such section
shall be applied by substituting ‘‘5 percent’’ for ‘‘1 percent’’ in
this fiscal year: Provided, That amounts repurposed pursuant to
this section that were previously designated by the Congress as
an emergency requirement pursuant to a concurrent resolution
on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and to
H. R. 4366—283
legislation establishing fiscal year 2024 budget enforcement in the
House of Representatives.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, the lease or purchase of passenger motor vehicles
for replacement only, $12,729,627,000, to remain available until
September 30, 2025, of which $12,093,150,000 to be derived from
the Airport and Airway Trust Fund: Provided, That of the amounts
made available under this heading—
(1) not less than $1,745,532,000 shall be available for aviation safety activities;
(2) $9,439,068,000 shall be available for air traffic organization activities;
(3) $42,018,000 shall be available for commercial space
transportation activities;
(4) $948,211,000 shall be available for finance and management activities;
(5) $67,818,000 shall be available for NextGen and operations planning activities;
(6) $162,155,000 shall be available for security and hazardous materials safety activities; and
(7) $324,825,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further,
That no transfer may increase or decrease any appropriation under
this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming
of funds under section 405 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That not later
than 60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall transmit
to Congress an annual update to the report submitted to Congress
in December 2004 pursuant to section 221 of the Vision 100-Century
of Aviation Reauthorization Act (49 U.S.C. 40101 note): Provided
further, That the amounts made available under this heading shall
be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted
to Congress: Provided further, That not later than 60 days after
the submission of the budget request, the Administrator shall
transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one
utilized for the controller staffing plan, including stated attrition
H. R. 4366—284
estimates and numerical hiring goals by fiscal year: Provided further, That the amounts made available under this heading shall
be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report
has not been submitted to Congress: Provided further, That funds
may be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds
made available by this Act shall be available for new applicants
for the second career training program: Provided further, That
none of the funds made available by this Act shall be available
for the Federal Aviation Administration to finalize or implement
any regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the amounts
made available under this heading, not less than $205,376,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to eliminate the contract weather observers program at any airport.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$3,191,250,000, of which $634,739,370 is for personnel and related
expenses and shall remain available until September 30, 2025,
$2,496,360,630 shall remain available until September 30, 2026,
and $60,150,000 is for terminal facilities and shall remain available
H. R. 4366—285
until September 30, 2028: Provided, That there may be credited
to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That not later than
60 days after submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment plan
for the Federal Aviation Administration which includes funding
for each budget line item for fiscal years 2025 through 2029, with
total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office
of Management and Budget: Provided further, That section 405
of this Act shall apply to amounts made available under this
heading in title VIII of the Infrastructure Investments and Jobs
Appropriations Act (division J of Public Law 117–58): Provided
further, That the amounts in the table entitled ‘‘Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and Jobs Act—Fiscal Year 2024’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) shall be the baseline for application of reprogramming and transfer authorities for the current fiscal year pursuant
to paragraph (7) of such section 405 for amounts referred to in
the preceding proviso: Provided further, That, notwithstanding paragraphs (5) and (6) of such section 405, unless prior approval is
received from the House and Senate Committees on Appropriations,
not to exceed 10 percent of any funding level specified for projects
and activities in the table referred to in the preceding proviso
may be transferred to any other funding level specified for projects
and activities in such table and no transfer of such funding levels
may increase or decrease any funding level in such table by more
than 10 percent: Provided further, That of the amounts made available under this heading for terminal facilities, $15,000,000 shall
be made available for the purposes, and in amounts, specified
for Community Project Funding/Congressionally Directed Spending
in the table entitled ‘‘Community Project Funding/Congressionally
Directed Spending’’ included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $280,000,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2026: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development: Provided further, That amounts made available
under this heading shall be used in accordance with the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided further, That not to exceed
H. R. 4366—286
10 percent of any funding level specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) may be transferred
to any other funding level specified under this heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
no transfer may increase or decrease any funding level by more
than 10 percent: Provided further, That any transfer in excess
of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,
including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,350,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the amounts made
available under this heading shall be available for the planning
or execution of programs the obligations for which are in excess
of $3,350,000,000, in fiscal year 2024, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That
none of the amounts made available under this heading shall be
available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements
that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49,
United States Code, the Government’s share of allowable project
costs under paragraph (2) of such section for subgrants or paragraph
(3) of such section shall be 95 percent for a project at other than
a large or medium hub airport that is a successive phase of a
multi-phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction project:
Provided further, That notwithstanding any other provision of law,
of amounts limited under this heading, not less than $152,148,000
shall be available for administration, $15,000,000 shall be available
for the airport cooperative research program, $41,801,000 shall
be available for airport technology research, and $10,000,000, to
remain available until expended, shall be available and transferred
to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out
H. R. 4366—287
the small community air service development program: Provided
further, That in addition to airports eligible under section 41743
of title 49, United States Code, such program may include the
participation of an airport that serves a community or consortium
that is not larger than a small hub airport, according to FAA
hub classifications effective at the time the Office of the Secretary
issues a request for proposals: Provided further, That the Secretary
may provide grants to any commercial service airport, notwithstanding the requirement for the airport to be located in an air
quality nonattainment or maintenance area or to be able to receive
emission credits in section 47102(3)(K) and 47102(3)(L) of title
49, United States Code, for work necessary to construct or modify
airport facilities to provide low-emission fuel systems, gate electrification, other related air quality improvements, acquisition of
airport-owned vehicles or ground support equipment with low-emission technology, provided such vehicles are used exclusively on
airport property or to transport passengers and employees between
the airport and the airport’s consolidated rental facility or an intermodal surface transportation facility adjacent to the airport.
GRANTS-IN-AID FOR AIRPORTS
For an additional amount for ‘‘Grants-In-Aid for Airports’’, to
enable the Secretary of Transportation to make grants for projects
as authorized by subchapter 1 of chapter 471 and subchapter 1
of chapter 475 of title 49, United States Code, $532,392,074, to
remain available through September 30, 2026: Provided, That
amounts made available under this heading shall be derived from
the general fund, and such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum
percentages under chapter 471 of title 49, United States Code:
Provided further, That of the sums appropriated under this
heading—
(1) $482,392,074 shall be made available for the purposes,
and in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
‘‘Community
Project
Funding/Congressionally
Directed
Spending’’ included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That funds made available under this section
shall not be subject to or considered under section 47115(j)(3)(B)
of title 49, United States Code;
(2) up to $50,000,000 shall be made available to the Secretary to distribute as discretionary grants to airports; and
(3) not less than $3,000,000 shall be made available for
two remaining projects under section 190 of the FAA Reauthorization Act of 2018 (Public Law 115–254): Provided, That, notwithstanding subsection (j)(2) of section 190 of the FAA
Reauthorization Act of 2018 (Public Law 115–254), such grants
shall be made available for conducting testing activities in
support of studying the effectiveness of existing federally funded
sound insulation in residential areas located within the 65
DNL noise contour of a large-hub airport that will facilitate
future environmental mitigation projects in these areas: Provided further, That, with respect to a project funded under
the previous proviso, the allowable project cost for such project
H. R. 4366—288
shall be calculated without consideration of any costs that
were previously paid by the Government:
Provided further, That the Secretary may make discretionary grants
to primary airports for airport-owned infrastructure required for
the on-airport distribution or storage of sustainable aviation fuels
that achieve at least a 50 percent reduction in lifecycle greenhouse
gas emissions, using a methodology determined by the Secretary,
including, but not limited to, on-airport construction or expansion
of pipelines, rail lines and spurs, loading and off-loading facilities,
blending facilities, and storage tanks: Provided further, That the
Secretary may make discretionary grants with funds made available
under this heading to primary or nonprimary airports for the
acquisition or construction costs related to airport-owned, revenueproducing aeronautical fuel farms and fueling systems, including
mobile systems, that the Secretary determines will promote the
use of unleaded or sustainable aviation fuels on a non-exclusive
basis: Provided further, That the Secretary may make discretionary
grants for airport development improvements of primary runways,
taxiways, and aprons necessary at a nonhub, small hub, medium
hub, or large hub airport to increase operational resilience for
the purpose of resuming commercial service flight operations following flooding, high water, hurricane, storm surge, tidal wave,
tornado, tsunami, wind driven water, or winter storms: Provided
further, That the amounts made available under this heading shall
not be subject to any limitation on obligations for the Grantsin-Aid for Airports program set forth in any Act: Provided further,
That the Administrator of the Federal Aviation Administration
may retain up to 0.5 percent of the amounts made available under
this heading to fund the award and oversight by the Administrator
of grants made under this heading.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION
(INCLUDING RESCISSIONS)
SEC. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years under
the federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2024.
SEC. 111. None of the funds made available by this Act shall
be used to pursue or adopt guidelines or regulations requiring
airport sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for services
relating to air traffic control, air navigation, or weather reporting:
Provided, That the prohibition on the use of funds in this section
does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ‘‘below-market’’ rates for these
items or to grant assurances that require airport sponsors to provide
land without cost to the Federal Aviation Administration for air
traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section
41742(a)(1) of title 49, United States Code, from fees credited under
section 45303 of title 49, United States Code, and any amount
remaining in such account at the close of any fiscal year may
H. R. 4366—289
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 realtime 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
H. R. 4366—290
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 ‘‘Grantsin-aid for Airports’’, up to $3,500,000 shall be for necessary
expenses, including an independent verification regime, to provide
reimbursement to airport sponsors that do not provide gateway
operations and providers of general aviation ground support services, or other aviation tenants, located at those airports closed
during a temporary flight restriction (TFR) for any residence of
the President that is designated or identified to be secured by
the United States Secret Service, and for direct and incremental
financial losses incurred while such airports are closed solely due
to the actions of the Federal Government: Provided, That no funds
shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers
or of third parties (including airports) are not eligible for reimbursements: Provided further, That obligation and expenditure of funds
are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
SEC. 119G. Of the unobligated balances available to the Federal
Aviation Administration, the following funds are hereby permanently rescinded:
(1) $1,590,528.89 from funds made available for ‘‘Federal
Aviation Administration—Facilities and Equipment’’, which
were to remain available until expended, by title I of Public
Law 104–50; and
(2) $2,878.02 from funds made available for ‘‘Federal Aviation Administration—Facilities and Equipment’’ by chapter 10,
division B, of Public Law 108–324.
SEC. 119H. None of the funds made available in this or any
other Act shall be used to facilitate the assignment of individuals
from a private-sector organization to the FAA to serve on a temporary basis.
H. R. 4366—291
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Not to exceed $483,551,671 together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration and
operation of the Federal Highway Administration: Provided, That
in addition, $3,248,000 shall be transferred to the Appalachian
Regional Commission in accordance with section 104(a) of title
23, United States Code.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs
shall not exceed total obligations of $60,095,782,888 for fiscal year
2024: Provided, That the limitation on obligations under this
heading shall only apply to contract authority authorized from
the Highway Trust Fund (other than the Mass Transit Account),
unless otherwise specified in law.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For the payment of obligations incurred in carrying out authorized Federal-aid highway and highway safety construction programs, $60,834,782,888 shall be derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available
until expended.
HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
There is hereby appropriated to the Secretary $2,224,676,687:
Provided, That the funds made available under this heading shall
be derived from the general fund, shall be in addition to any
funds provided for fiscal year 2024 in this or any other Act for:
(1) ‘‘Federal-aid Highways’’ under chapter 1 of title 23, United
States Code; (2) the Appalachian development highway system as
authorized under section 1069(y) of Public Law 102–240; (3) activities eligible under the Tribal transportation program under section
202 of title 23, United States Code; (4) the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.); or (5) the Denali Commission,
and shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That, except for the funds
made available under this heading for the Northern Border Regional
Commission and the Denali Commission, section 11101(e) of Public
H. R. 4366—292
Law 117–58 shall apply to funds made available under this heading:
Provided further, That unless otherwise specified, amounts made
available under this heading shall be available until September
30, 2027, and shall not be subject to any limitation on obligations
for Federal-aid highways or highway safety construction programs
set forth in any Act making annual appropriations: Provided further,
That of the sums appropriated under this heading—
(1) $1,884,176,687 shall be for the purposes, and in the
amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community
Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That, except as otherwise provided under this heading, the
funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United
States Code: Provided further, That funds made available under
this paragraph that are used for Tribal projects shall be
administered as if allocated under chapter 2 of title 23, United
States Code, except that the set-asides described in subparagraph (C) of section 202(b)(3) of title 23, United States Code,
and subsections (a)(6), (c), and (e) of section 202 of such title,
and section 1123(h)(1) of MAP–21 (as amended by Public Law
117–58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian development highway system,
as authorized under section 1069(y) of Public Law 102–240:
Provided, That for the purposes of funds made available under
this paragraph, the term ‘‘Appalachian State’’ means a State
that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian development highway
system shall remain available until expended: Provided further,
That, except as provided in the following proviso, funds made
available under this heading for construction of the Appalachian
development highway system shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided
further, That a project carried out with funds made available
under this heading for construction of the Appalachian development highway system shall be carried out in the same manner
as a project under section 14501 of title 40, United States
Code: Provided further, That subject to the following proviso,
funds made available under this heading for construction of
the Appalachian development highway system shall be apportioned to Appalachian States according to the percentages
derived from the 2012 Appalachian development highway
system cost-to-complete estimate, adopted in Appalachian
Regional Commission Resolution Number 736, and confirmed
as each Appalachian State’s relative share of the estimated
remaining need to complete the Appalachian development highway system, adjusted to exclude those corridors that such States
have no current plans to complete, as reported in the 2013
Appalachian Development Highway System Completion Report,
unless those States have modified and assigned a higher priority for completion of an Appalachian development highway
H. R. 4366—293
system corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further, That
the Secretary shall adjust apportionments made under the preceding proviso so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made
available for construction of the Appalachian development highway system under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional Commission in making adjustments under the preceding two provisos:
Provided further, That the Federal share of the costs for which
an expenditure is made for construction of the Appalachian
development highway system under this heading shall be up
to 100 percent;
(3) $150,000,000 shall be for activities eligible under the
Tribal transportation program, as described in section 202 of
title 23, United States Code: Provided, That, except as otherwise provided under this heading, the funds made available
under this paragraph shall be administered as if allocated
under chapter 2 of title 23, United States Code: Provided further, That the set-asides described in subparagraph (C) of section 202(b)(3) of title 23, United States Code, and subsections
(a)(6), (c), and (e) of section 202 of such title shall not apply
to funds made available under this paragraph: Provided further,
That the set-aside described in section 1123(h)(1) of MAP–
21 (as amended by Public Law 117–58), shall not apply to
such funds;
(4) $5,000,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants,
in addition to amounts otherwise made available to the
Northern Border Regional Commission for such purpose, to
carry out pilot projects that demonstrate the capabilities of
wood-based infrastructure projects: Provided, That a grant
made with funds made available under this paragraph shall
be administered in the same manner as a grant made under
subtitle V of title 40, United States Code;
(5) $4,500,000 shall be transferred to the Denali Commission for activities eligible under section 307(e) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105–277): Provided, That funds made available under this paragraph shall not be subject to section 311 of such Act: Provided
further, That except as otherwise provided under section 307(e)
of such Act or this heading, funds made available under this
paragraph shall be administered as if directly appropriated
to the Denali Commission and subject to applicable provisions
of such Act, including the requirement in section 307(e) of
such Act that the local community provides a 10 percent nonFederal match in the form of any necessary land or planning
and design funds: Provided further, That such funds shall be
available until expended: Provided further, That the Federal
share of the costs for which an expenditure is made with
funds transferred under this paragraph shall be up to 90 percent;
(6) $13,500,000 shall be transferred to the Denali Commission to carry out the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105–277): Provided, That a transfer
under this paragraph shall not be subject to section 311 of
H. R. 4366—294
such Act: Provided further, That except as otherwise provided
under this heading, funds made available under this paragraph
shall be administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act:
Provided further, That funds made available under this paragraph shall not be subject to section 309(j)(2) of such Act:
Provided further, That funds made available under this paragraph shall be available until expended: Provided further, That
the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be
up to 100 percent;
(7) $10,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section
1441 of the FAST Act (23 U.S.C. 601 note): Provided, That
for funds made available under this paragraph, the Federal
share of the costs shall be, at the option of the recipient,
up to 100 percent: Provided further, That funds made available
under this paragraph may be transferred to the Office of the
Secretary;
(8) $7,500,000 shall be for the national scenic byways program under section 162 of title 23, United States Code: Provided, That, except as otherwise provided under this heading,
the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code; and
(9) $50,000,000, in addition to amounts made available
in section 126 of this Act, shall be for a competitive highway
bridge program for States that—
(A) have a population density of less than 115 individuals per square mile; and
(B) have—
(i) less than 26 percent of total bridges classified
as in good condition; or
(ii) greater than or equal to 5.2 percent of total
bridges classified as in poor condition:
Provided, That any such State with more than 14 percent
of total bridges classified as in poor condition shall receive
not less than $32,500,000 of the funds made available in this
paragraph or in section 126 of this Act for grant applications
for projects eligible under this paragraph: Provided further,
That if the Secretary determines that eligible applications from
any such State meeting the criteria under the preceding proviso
are insufficient to make awards of at least $32,500,000, the
Secretary shall use the unutilized amounts to provide other
grants to States eligible under this paragraph: Provided further,
That the funds made available under this paragraph shall
be used for highway bridge replacement or rehabilitation
projects on public roads that demonstrate cost savings by bundling multiple highway bridge projects and, except as otherwise
provided in this heading, shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided
further, That the requirements of section 144(j)(5) of title 23,
United States Code, shall not apply to funds made available
under this paragraph: Provided further, That for purposes of
this paragraph, the Secretary shall calculate population density
figures based on the latest available data from the decennial
census conducted under section 141(a) of title 13, United States
H. R. 4366—295
Code: Provided further, That for purposes of this paragraph,
the Secretary shall calculate the percentages of bridge counts
(including the percentages of bridge counts classified as in
poor and good condition) based on the national bridge inventory
as of June 2023.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
(INCLUDING RESCISSIONS)
SEC. 120. (a) For fiscal year 2024, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by
the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States
Code, by multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
H. R. 4366—296
(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under
title 23, United States Code (other than the amounts apportioned for the national highway performance program in section
119 of title 23, United States Code, that are exempt from
the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2024, only in an amount
equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
H. R. 4366—297
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America’s Surface Transportation Act; and
(C) title III of division A of the Infrastructure Investment and Jobs Act (Public Law 117–58).
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses.
SEC. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall
H. R. 4366—298
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall post on a website any waivers granted
under the Buy America requirements.
SEC. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of title
23, United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of
the proposed grant, including an evaluation and justification for
the project and the amount of the proposed grant award.
SEC. 124. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project eligible
under section 133(b) of title 23 or section 165 of title 23 and
located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation: Provided, That
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of its intent to use its authority under this
section and submits an annual report to the Secretary identifying
the projects to which the funding would be applied. Notwithstanding
the original period of availability of funds to be obligated under
this section, such funds and associated obligation limitation shall
remain available for obligation for a period of 3 fiscal years after
the fiscal year in which the Secretary is notified. The Federal
share of the cost of a project carried out with funds made available
under this section shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal
years prior to the current fiscal year, and administered by
the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10
percent of the amount made available for obligation as of October
1 of the current fiscal year, and shall be applied to projects within
the same general geographic area within 25 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
SEC. 125. (a) Of the unallocated and unobligated balances available to the Federal Highway Administration, the following funds
are hereby permanently rescinded, subject to subsections (b) and
(c), from the following accounts and programs in the specified
amounts:
H. R. 4366—299
(1) $48,346,377.35 from funds available in the ‘‘Surface
Transportation Priorities’’ account (69 X 0538);
(2) $1,839,129.40 from funds available in the ‘‘Delta
Regional Transportation Development Program’’ account (69
X 0551);
(3) $11,064,579.57 from funds available in the ‘‘Appalachian
Development Highway System’’ account (69 X 0640);
(4) $9,264.22 from funds available in the ‘‘Highway
Beautification’’ account (69 X 0540);
(5) $1,375,400 from funds available in the ‘‘State Infrastructure Banks’’ account (69 X 0549);
(6) $90,435 from funds available in the ‘‘Railroad-Highway
Crossings Demonstration Projects’’ account (69 X 0557);
(7) $5,211,248.53 from funds available in the ‘‘Interstate
Transfer Grants—Highway’’ account (69 X 0560);
(8) $133,231.12 from funds available in the ‘‘Kentucky
Bridge Project’’ account (69 X 0572);
(9) $2,887.56 from funds available in the ‘‘Highway Demonstration Project—Preliminary Engineering’’ account (69 X
0583);
(10) $149,083.06 from funds available in the ‘‘Highway
Demonstration Projects’’ account (69 X 0598); and
(11) $68,438.40 from funds available in the ‘‘Miscellaneous
Highway Projects’’ account (69 X 0641).
(b) No amounts may be rescinded under subsection (a) from
any funds for which a State exercised its authority under section
125 of division L of Public Law 114–113, section 422 of division
K of Public Law 115–31, section 126 of division L of Public Law
115–141, section 125 of division G of Public Law 116–6, section
125 of division H of Public Law 116–94, section 124 of division
L of Public Law 116–260, section 124 of division L of Public Law
117–103, or section 124 of division L of Public Law 117–328.
(c) No amounts may be rescinded under subsection (a) from
any amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 126. (a) Notwithstanding any other provision of law,
$200,000,000 from the funds described in subsection (b), in addition
to amounts made available in paragraph (9) under the heading
‘‘Highway Infrastructure Programs’’, shall be available for a
competitive highway bridge program for States that—
(1) have a population density of less than 115 individuals
per square mile; and
(2) have—
(A) less than 26 percent of total bridges classified as
in good condition; or
(B) greater than or equal to 5.2 percent of total bridges
classified as in poor condition:
Provided, That any such State with more than 14 percent of total
bridges classified as in poor condition shall receive not less than
$32,500,000 of the funds made available under this subsection
or in paragraph (9) under the heading ‘‘Highway Infrastructure
Programs’’ for grant applications for projects eligible under this
subsection: Provided further, That if the Secretary determines that
eligible applications from any such State meeting the criteria under
the preceding proviso are insufficient to make awards of at least
H. R. 4366—300
$32,500,000, the Secretary shall use the unutilized amounts to
provide other grants to States eligible under this subsection: Provided further, That the funds made available under this subsection
shall be used for highway bridge replacement or rehabilitation
projects on public roads that demonstrate cost savings by bundling
multiple highway bridge projects and, except as otherwise provided
in this section, shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further, That
the requirements of section 144(j)(5) of title 23, United States
Code, shall not apply to funds made available under this subsection:
Provided further, That for purposes of this subsection, the Secretary
shall calculate population density figures based on the latest available data from the decennial census conducted under section 141(a)
of title 13, United States Code: Provided further, That for purposes
of this subsection, the Secretary shall calculate the percentages
of bridge counts (including the percentages of bridge counts classified as in poor and good condition) based on the national bridge
inventory as of June 2023: Provided further, That section 11101(e)
of the Infrastructure Investment and Jobs Act (Public Law 117–
58) shall apply to funds made available under this subsection.
(b) Funds described in this subsection are any funds that—
(1) are unobligated on the date of enactment of this Act;
and
(2) were made available for credit assistance under—
(A) the transportation infrastructure finance and
innovation program under subchapter II of chapter 1 of
title 23, United States Code, as in effect prior to August
10, 2005; or
(B) the transportation infrastructure finance and
innovation program under chapter 6 of title 23, United
States Code.
(c) Funds made available under subsection (a) for a competitive
highway bridge program for States shall—
(1) be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs; and
(2) unless otherwise specified in this section, remain available until September 30, 2027.
(d) The obligation limitation made available under section
120(a)(2) that is associated with funds made available under subsection (a) shall—
(1) remain available until September 30, 2027; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United States
H. R. 4366—301
Code, as amended by the Infrastructure Investment and Jobs Act
(Public Law 117–58), $346,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together with
advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available
until expended: Provided, That funds available for implementation,
execution, or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall not
exceed total obligations of $411,000,000, for ‘‘Motor Carrier Safety
Operations and Programs’’ for fiscal year 2024, of which
$14,073,000, to remain available for obligation until September
30, 2026, is for the research and technology program, and of which
not less than $99,098,000, to remain available for obligation until
September 30, 2026, is for development, modernization, enhancement, and continued operation and maintenance of information
technology and information management.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
$516,300,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed
total obligations of $516,300,000 in fiscal year 2024 for ‘‘Motor
Carrier Safety Grants’’: Provided further, That of the amounts made
available under this heading—
(1) $406,500,000, to remain available for obligation until
September 30, 2025, shall be for the motor carrier safety assistance program;
(2) $43,500,000, to remain available for obligation until
September 30, 2025, shall be for the commercial driver’s license
program implementation program;
(3) $60,000,000, to remain available for obligation until
September 30, 2025, shall be for the high priority program;
(4) $1,300,000, to remain available for obligation until September 30, 2025, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until September 30, 2025, shall be for the commercial motor vehicle
enforcement training and support grant program.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
SEC. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by
the persons responsible for the violations.
H. R. 4366—302
SEC. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any
other Act may be obligated or expended to implement, administer,
or enforce the requirements of section 31137 of title 49, United
States Code, or any regulation issued by the Secretary pursuant
to such section, with respect to the use of electronic logging devices
by operators of commercial motor vehicles, as defined in section
31132(1) of such title, transporting livestock as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) or insects.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety, authorized under
chapter 301 and part C of subtitle VI of title 49, United States
Code, $223,000,000, to remain available through September 30,
2025.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including
behavioral research on automated driving systems and advanced
driver assistance systems and improving consumer responses to
safety recalls, section 25024 of the Infrastructure Investment and
Jobs Act (Public Law 117–58), and chapter 303 of title 49, United
States Code, $201,200,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall
be available for the planning or execution of programs the total
obligations for which, in fiscal year 2024, are in excess of
$201,200,000: Provided further, That of the sums appropriated
under this heading—
(1) $194,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including behavioral
research on automated driving systems and advanced driver
assistance systems and improving consumer responses to safety
recalls, and section 25024 of the Infrastructure Investment
and Jobs Act (Public Law 117–58); and
(2) $7,200,000 shall be for the national driver register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $201,200,000 obligation limitation
for operations and research, $57,500,000 shall remain available
until September 30, 2025, and shall be in addition to the amount
of any limitation imposed on obligations for future years: Provided
further, That amounts for behavioral research on automated driving
systems and advanced driver assistance systems and improving
consumer responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2024 in this Act.
H. R. 4366—303
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out provisions
of sections 402, 404, and 405 of title 23, United States Code,
and grant administration expenses under chapter 4 of title 23,
United States Code, to remain available until expended,
$813,300,800, to be derived from the Highway Trust Fund (other
than the Mass Transit Account): Provided, That none of the funds
in this Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2024 are
in excess of $813,300,800 for programs authorized under sections
402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this
heading—
(1) $378,400,000 shall be for highway safety programs
under section 402 of title 23, United States Code;
(2) $353,500,000 shall be for national priority safety programs under section 405 of title 23, United States Code;
(3) $40,300,000 shall be for the high visibility enforcement
program under section 404 of title 23, United States Code;
and
(4) $41,100,800 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed $500,000 of the funds
made available for national priority safety programs under section
405 of title 23, United States Code, for impaired driving countermeasures (as described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided further,
That with respect to the ‘‘Transfers’’ provision under section
405(a)(10) of title 23, United States Code, any amounts transferred
to increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided further,
That the Administrator shall notify the House and Senate Committees on Appropriations of any exercise of the authority granted
under the preceding proviso or under section 405(a)(10) of title
23, United States Code, within 5 days.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
SEC. 140. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation authority
was made available in previous public laws but only to the extent
that the obligation authority has not lapsed or been used.
SEC. 141. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
H. R. 4366—304
to pay for travel and related expenses for State management reviews
and to pay for core competency development training and related
expenses for highway safety staff.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $267,799,000, of which $25,000,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$54,000,000, to remain available until expended: Provided, That
of the amounts provided under this heading, up to $3,000,000
shall be available pursuant to section 20108(d) of title 49, United
States Code, for the construction, alteration, and repair of buildings
and improvements at the Transportation Technology Center.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
For necessary expenses related to Federal-state partnership
for intercity passenger rail grants as authorized by section 24911
of title 49, United States Code, $75,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to 2 percent of the amounts made available under this heading
in this Act for the costs of award and project management oversight
of grants carried out under title 49, United States Code.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses related to consolidated rail infrastructure and safety improvements grants, as authorized by section
22907 of title 49, United States Code, $198,957,997, to remain
available until expended: Provided, That of the amounts made
available under this heading in this Act, $98,957,997 shall be made
available for the purposes, and in amounts, specified for Community
Project Funding/Congressionally Directed Spending in the table
entitled ‘‘Community Project Funding/Congressionally Directed
Spending’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That requirements under subsections (g)
and (l) of section 22907 of title 49, United States Code, shall
not apply to the preceding proviso: Provided further, That any
remaining funds available after the distribution of the Community
Project Funding/Congressionally Directed Spending described in
this paragraph shall be available to the Secretary to distribute
as discretionary grants under this heading: Provided further, That
for amounts made available under this heading in this Act, eligible
projects under section 22907(c)(8) of title 49, United States Code,
shall also include railroad systems planning (including the preparation of regional intercity passenger rail plans and state rail plans)
and railroad project development activities (including railroad
project planning, preliminary engineering, design, environmental
H. R. 4366—305
analysis, feasibility studies, and the development and analysis of
project alternatives): Provided further, That section 22905(f) of title
49, United States Code, shall not apply to amounts made available
under this heading in this Act for projects that implement or
sustain positive train control systems otherwise eligible under section 22907(c)(1) of title 49, United States Code: Provided further,
That amounts made available under this heading in this Act for
projects selected for commuter rail passenger transportation may
be transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title
49, United States Code: Provided further, That for amounts made
available under this heading in this Act, eligible recipients under
section 22907(b)(7) of title 49, United States Code, shall include
any holding company of a Class II railroad or Class III railroad
(as those terms are defined in section 20102 of title 49, United
States Code): Provided further, That section 22907(e)(1)(A) of title
49, United States Code, shall not apply to amounts made available
under this heading in this Act: Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to
amounts made available under this heading in previous fiscal years
if such funds are announced in a notice of funding opportunity
that includes funds made available under this heading in this
Act: Provided further, That the preceding proviso shall not apply
to funds made available under this heading in the Infrastructure
Investment and Jobs Act (division J of Public Law 117–58): Provided
further, That unobligated balances remaining after 6 years from
the date of enactment of this Act may be used for any eligible
project under section 22907(c) of title 49, United States Code: Provided further, That the Secretary may withhold up to 2 percent
of the amounts made available under this heading in this Act
for the costs of award and project management oversight of grants
carried out under title 49, United States Code.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 22101(a)
of the Infrastructure Investment and Jobs Act (Public Law 117–
58), $1,141,442,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of the
amounts made available under both this heading in this Act and
the ‘‘National Network Grants to the National Railroad Passenger
Corporation’’ heading in this Act to fund the costs of project management and oversight of activities authorized by section 22101(c)
of the Infrastructure Investment and Jobs Act (Public Law 117–
58): Provided further, That in addition to the project management
oversight funds authorized under section 22101(c) of the Infrastructure Investment and Jobs Act (Public Law 117–58), the Secretary
may retain up to an additional $5,000,000 of the amounts made
available under this heading in this Act to fund expenses associated
with the Northeast Corridor Commission established under section
24905 of title 49, United States Code.
H. R. 4366—306
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 22101(b)
of the Infrastructure Investment and Jobs Act (division B of Public
Law 117–58), $1,286,321,000, to remain available until expended:
Provided, That the Secretary may retain up to an additional
$3,000,000 of the funds provided under this heading in this Act
to fund expenses associated with the State-Supported Route Committee established under section 24712 of title 49, United States
Code: Provided further, That none of the funds provided under
this heading in this Act shall be used by Amtrak to give notice
under subsection (a) or (c) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined in
section 24102 of title 49, United States Code) on which Amtrak
is the sole operator on a host railroad’s line and a positive train
control system is not required by law or regulation, or, except
in an emergency or during maintenance or construction outages
impacting such routes, to otherwise discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service
on any portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of
title 49, United States Code, in lieu of rail service: Provided further,
That the National Railroad Passenger Corporation may use up
to $66,000,000 of the amounts made available under this heading
in this Act for corridor development activities as authorized by
section 22101(h) of division B of Public Law 117–58: Provided
further, That $40,000,000 of the amounts made available under
this heading in this Act shall be for design and construction activities to improve the concourse and related infrastructure for the
station at the major hub of Amtrak’s National Network.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
SEC. 150. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of award,
administration, and project management oversight of financial
assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal
Railroad Administration’s ‘‘Financial Assistance Oversight and
Technical Assistance’’ account for the necessary expenses to support
the award, administration, project management oversight, and technical assistance of financial assistance administered by the Federal
Railroad Administration, in the same manner as appropriated for
in this and prior Acts: Provided, That this section shall not apply
to amounts that were previously designated by the Congress as
an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 151. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime
costs in excess of $35,000 for any individual employee: Provided,
H. R. 4366—307
That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak
determines such a cap poses a risk to the safety and operational
efficiency of the system: Provided further, That the President of
Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of
this Act, a summary of all overtime payments incurred by Amtrak
for 2023 and the three prior calendar years: Provided further,
That such summary shall include the total number of employees
that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2023 and
for the three prior calendar years.
SEC. 152. None of the funds made available to the National
Railroad Passenger Corporation under the headings ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ and
‘‘National Network Grants to the National Railroad Passenger Corporation’’ may be used to reduce the total number of Amtrak Police
Department uniformed officers patrolling on board passenger trains
or at stations, facilities or rights-of-way below the staffing level
on May 1, 2019.
SEC. 153. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.).
SEC. 154. Of the unobligated balances of funds remaining
from—
(1) ‘‘Northeast Corridor Improvement Program’’ account
totaling $126,348 appropriated by Public Law 114–113 is hereby
permanently rescinded;
(2) ‘‘Railroad Safety Grants’’ account totaling $81,257.66
appropriated by Public Law 113–235 is hereby permanently
rescinded;
(3) ‘‘Capital Assistance for High Speed Rail Corridors and
Intercity
Passenger
Rail
Service’’
account
totaling
$53,118,096.83 appropriated by Public Law 111–117 is hereby
permanently rescinded;
(4) ‘‘Next Generation High-Speed Rail’’ account totaling
$94.94 appropriated by Public Law 108–447 is hereby permanently rescinded; and
(5) ‘‘Grants to the National Railroad Passenger Corporation’’ account totaling $678.16 appropriated by Public Law 108–
447 is hereby permanently rescinded.
SEC. 155. It is the sense of Congress that—
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
H. R. 4366—308
FEDERAL TRANSIT ADMINISTRATION
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the Federal public
transportation assistance program in this account, and for payment
of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335,
5337, 5339, and 5340, section 20005(b) of Public Law 112–141,
and section 3006(b) of Public Law 114–94, $13,990,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund
and to remain available until expended: Provided, That funds available for the implementation or execution of programs authorized
under 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section 20005(b) of
Public Law 112–141, and section 3006(b) of Public Law 114–94,
shall not exceed total obligations of $13,990,000,000 in fiscal year
2024.
TRANSIT INFRASTRUCTURE GRANTS
For an additional amount for ferry boats grants under section
5307(h) of title 49, United States Code, Tribal technical assistance
under section 5311(b)(3)(C) of such title, bus testing facilities under
section 5318 of such title, accelerating the adoption of zero emission
buses under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities
eligible under chapter 53 of such title, and ferry service for rural
communities under section 71103 of division G of Public Law 117–
58, $252,386,844, to remain available until expended: Provided,
That of the sums provided under this heading in this Act—
(1) $20,000,000 shall be available for ferry boat grants
as authorized under section 5307(h) of such title: Provided,
That of the amounts provided under this paragraph, no less
than $5,000,000 shall be available for low or zero emission
ferries or ferries using electric battery or fuel cell components
and the infrastructure to support such ferries;
(2) $500,000 shall be available for technical assistance and
resources to Tribes through the national rural transportation
assistance program authorized under section 5311(b)(3)(C) of
such title;
(3) $1,500,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
(4) $206,817,976 shall be available for the purposes, and
in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community
Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
H. R. 4366—309
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs
of the project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project consistent with
administration of similar projects funded under chapter 53
of title 49, United States Code;
(5) $20,000,000 shall be available for ferry service for rural
communities under section 71103 of division G of Public Law
117–58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 15 miles
between the two rural areas and is not otherwise eligible under
section 5307(h) of title 49, United States Code: Provided further,
That entities that provide eligible service pursuant to the preceding proviso may use amounts made available in this paragraph for public transportation capital projects to support any
ferry service between two rural areas; and
(6) $3,568,868 shall be available to support technical assistance, research, demonstration, or deployment activities or
projects to accelerate the adoption of zero emission buses in
public transit as authorized under section 5312 of title 49,
United States Code:
Provided further, That amounts made available under this heading
in this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall
not be subject to any limitation on obligations for transit programs
set forth in this or any other Act.
TECHNICAL ASSISTANCE AND TRAINING
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30, 2025: Provided, That the assistance provided under
this heading does not duplicate the activities of section 5311(b)
or section 5312 of title 49, United States Code: Provided further,
That amounts made available under this heading are in addition
to any other amounts made available for such purposes: Provided
further, That amounts made available under this heading shall
not be subject to any limitation on obligations set forth in this
or any other Act.
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America’s Surface Transportation Act (Public Law 114–94), $2,205,000,000, to remain available
until expended: Provided, That of the sums appropriated under
this heading in this Act—
(1) $2,130,950,000 shall be available for projects authorized
under section 5309(d) of title 49, United States Code; and
(2) up to $52,000,000 shall be available for projects authorized under section 3005(b) of the Fixing America’s Surface
Transportation Act:
H. R. 4366—310
Provided further, That the Secretary shall continue to administer
the capital investment grants program in accordance with the procedural and substantive requirements of section 5309 of title 49,
United States Code, and of section 3005(b) of the Fixing America’s
Surface Transportation Act: Provided further, That projects that
receive a grant agreement under the expedited project delivery
for capital investment grants pilot program under section 3005(b)
of the Fixing America’s Surface Transportation Act shall be deemed
eligible for funding provided for projects under section 5309 of
title 49, United States Code, without further evaluation or rating
under such section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b): Provided further,
That for funds made available under this heading in division J
of Public Law 117–58 the second through sixth provisos shall be
treated as inapplicable for fiscal year 2024: Provided further, That
amounts repurposed pursuant to the preceding proviso that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget are designated
as an emergency requirement pursuant to section 4001(a)(1) of
S. Con. Res. 14 (117th Congress), the concurrent resolution on
the budget for fiscal year 2022, and to legislation establishing
fiscal year 2024 budget enforcement in the House of Representatives.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of the
Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110–432), $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,
That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system before
approving such grants.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)
(INCLUDING TRANSFER OF FUNDS)
SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ‘‘Capital
Investment Grants’’ of the Federal Transit Administration for
projects specified in this Act not obligated by September 30, 2027,
and other recoveries, shall be directed to projects eligible to use
the funds for the purposes for which they were originally provided.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2023, under any section of
H. R. 4366—311
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or withhold
funds from apportionments pursuant to section 9503(e)(4) of the
Internal Revenue Code of 1986 (26 U.S.C. 9503(e)(4)).
SEC. 164. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project advancement
or approval for any project seeking a Federal contribution from
the capital investment grants program of greater than 40 percent
of project costs as authorized under section 5309 of title 49, United
States Code.
SEC. 165. Of the unobligated balances made available before
October 1, 2013 for ‘‘Transit Research’’ in Treasury Account 69–
X–1137, $977,955 is hereby permanently rescinded.
GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by
section 9104 of title 31, United States Code, as may be necessary
in carrying out the programs set forth in the Corporation’s budget
for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses to conduct the operations, maintenance,
and capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St.
Lawrence Seaway Development Corporation, $40,288,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to
section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238): Provided, That of the amounts made available under
this heading, not less than $16,300,000 shall be for the seaway
infrastructure program.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
(INCLUDING RESCISSION)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United
States, $318,000,000, to remain available until expended: Provided,
That of the unobligated balances from prior year appropriations
available under this heading, $17,000,000 are hereby permanently
rescinded.
H. R. 4366—312
CABLE SECURITY FLEET
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $10,000,000, to remain
available until expended.
TANKER SECURITY PROGRAM
(INCLUDING RESCISSION)
For Tanker Security Fleet payments, as authorized under section 53406 of title 46, United States Code, $60,000,000, to remain
available until expended: Provided, That funds appropriated for
the tanker security fleet program in the Consolidated Appropriations Act, 2022 (Public Law 117–103) shall be available as authorized under section 53406 of title 46, United States Code, and for
the Secretary to timely reimburse each program participant up
to $2,500,000 for each of its vessels covered by an operating agreement under section 53403 of title 46, United States Code, for
verifiable training and other costs incurred to ensure that mariners
on such vessels are fully qualified to meet the specialized requirements to serve on product tank vessels: Provided further, That
of the unobligated balances from prior year appropriations available
under this heading, $21,000,000 are hereby permanently rescinded.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities
authorized by law, $267,775,000: Provided, That of the sums appropriated under this heading—
(1) $92,729,000 shall remain available until September 30,
2025, for the operations of the United States Merchant Marine
Academy;
(2) $22,000,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $70,000,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy;
(4) $7,500,000 shall remain available until September 30,
2025, for the maritime environmental and technical assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $5,000,000 shall remain available until expended, for
the United States marine highway program to make grants
for the purposes authorized under section 55601 of title 46,
United States Code:
Provided further, That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as
required pursuant to section 3510 of the National Defense
Authorization Act for fiscal year 2017 (46 U.S.C. 51318): Provided
further, That available balances under this heading for the short
sea transportation program or America’s marine highway program
(now known as the United States marine highway program) from
prior year recoveries shall be available to carry out activities authorized under section 55601 of title 46, United States Code.
H. R. 4366—313
STATE MARITIME ACADEMY OPERATIONS
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $125,788,000: Provided,
That of the sums appropriated under this heading—
(1) $22,000,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $86,588,000 shall remain available until expended for
the national security multi-mission vessel program, including
funds for construction, planning, administration, and design
of school ships and, as determined by the Secretary, necessary
expenses to design, plan, construct infrastructure, and purchase
equipment necessary to berth such ships, of which up to
$8,900,000 may be used for expenses related to the oversight
and management of school ships to include the purchase of
equipment and the repair and maintenance of training vessels:
Provided, That such funds may be used to reimburse State
Maritime Academies for costs incurred prior to the date of
enactment of this Act;
(3) $2,400,000 shall remain available until September 30,
2028, for the student incentive program;
(4) $8,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2025, for direct payments for State Maritime Academies.
ASSISTANCE TO SMALL SHIPYARDS
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $8,750,000, to remain
available until expended.
SHIP DISPOSAL
(INCLUDING RESCISSION)
For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000, to remain available until expended: Provided,
That of the unobligated balances from prior year appropriations
made available under this heading, $3,664,000 are hereby permanently rescinded.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, $53,586,000, of which
$50,586,000 shall remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That not to exceed $3,000,000 shall
be for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the appropriations for ‘‘Maritime Administration—Operations and Training’’.
H. R. 4366—314
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, and section 3501(a)(9)
of the National Defense Authorization Act for fiscal year 2024
(Public Law 118–31), $120,460,124, to remain available until
expended: Provided, That of the sums appropriated under this
heading in this Act—
(1) $50,000,000 shall be for projects for coastal seaports,
inland river ports, or Great Lakes ports, of which not less
than $42,000,000 shall be for coastal seaports or Great Lakes
ports: Provided, That for grants awarded under this paragraph
in this Act, the minimum grant size shall be $1,000,000; and
(2) $70,460,124 shall be for the purposes, and in the
amounts, specified for Community Project Funding included
in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
SEC. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be deposited into the Treasury as miscellaneous receipts.
SEC. 171. There is hereby appropriated $12,000,000, to remain
available until expended, for expenses necessary for the Secretary
of Transportation to enter into a contract to complete the designs
of ten sealift vessels for the National Defense Reserve Fleet.
PIPELINE
AND
HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES
For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $31,681,000, of which
$4,500,000 shall remain available until September 30, 2026.
HAZARDOUS MATERIALS SAFETY
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $74,556,000, of which $12,070,000 shall remain
available until September 30, 2026, of which $1,000,000 shall be
made available for carrying out section 5107(i) of title 49, United
States Code: Provided, That up to $800,000 in fees collected under
section 5108(g) of title 49, United States Code, shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
H. R. 4366—315
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to carry out a pipeline safety program,
as authorized by section 60107 of title 49, United States Code,
and to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990 (Public Law 101–380), $218,186,000, to remain
available until September 30, 2026, of which $30,000,000 shall
be derived from the Oil Spill Liability Trust Fund; of which
$180,786,000 shall be derived from the Pipeline Safety Fund; of
which $400,000 shall be derived from the fees collected under
section 60303 of title 49, United States Code, and deposited in
the Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $7,000,000 shall
be derived from fees collected under section 60302 of title 49,
United States Code, and deposited in the Underground Natural
Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That
not less than $1,058,000 of the amounts made available under
this heading shall be for the one-call state grant program: Provided
further, That any amounts made available under this heading in
this Act or in prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements (OTAs) shall
require written notification to the House and Senate Committees
on Appropriations not less than 3 full business days before such
research contracts, grants, cooperative agreements, or research
OTAs are announced by the Department of Transportation: Provided further, That the Secretary shall transmit to the House and
Senate Committees on Appropriations the report on pipeline safety
testing enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing Safety
Act of 2020 (division R of Public Law 116–260): Provided further,
That the Secretary may obligate amounts made available under
this heading to engineer, erect, alter, and repair buildings or make
any other public improvements for research facilities at the
Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso
to the House and Senate Committees on Appropriations and after
such plan and report in the preceding proviso are approved by
the House and Senate Committees on Appropriations.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $46,825,000 shall remain
available until September 30, 2026, from amounts made available
H. R. 4366—316
by section 5116(h) and subsections (b) and (c) of section 5128
of title 49, United States Code: Provided, That notwithstanding
section 5116(h)(4) of title 49, United States Code, not more than
4 percent of the amounts made available from this account shall
be available to pay the administrative costs of carrying out sections
5116, 5107(e), and 5108(g)(2) of title 49, United States Code: Provided further, That notwithstanding subsections (b) and (c) of section 5128 of title 49, United States Code, and the limitation on
obligations provided under this heading, prior year recoveries recognized in the current year shall be available to develop and deliver
hazardous materials emergency response training for emergency
responders, including response activities for the transportation of
crude oil, ethanol, flammable liquids, and other hazardous commodities by rail, consistent with National Fire Protection Association
standards, and to make such training available through an electronic format: Provided further, That the prior year recoveries made
available under this heading shall also be available to carry out
sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title
49, United States Code.
OFFICE
OF INSPECTOR
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General to
carry out the provisions of the Inspector General Act of 1978,
as amended, $116,452,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.),
to investigate allegations of fraud, including false statements to
the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department of Transportation.
GENERAL PROVISIONS—DEPARTMENT
OF
TRANSPORTATION
SEC. 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment
of unmanned aircraft systems that advance the missions of the
Department of Transportation or an operating administration of
the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of
this Act shall be deemed authorized by Congress as if this provision
was in effect when the system was purchased, procured, or contracted for.
SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate
for an Executive Level IV.
H. R. 4366—317
SEC. 182. (a) No recipient of amounts made available by this
Act shall disseminate personal information (as defined in section
2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record
as defined in section 2725(1) of title 18, United States Code, except
as provided in section 2721 of title 18, United States Code, for
a use permitted under section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a
State is in noncompliance with this provision.
SEC. 183. None of the funds made available by this Act shall
be available for salaries and expenses of more than 125 political
and Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
SEC. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training may be credited respectively to the
Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account
and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating
in training pursuant to section 20105 of title 49, United States
Code.
SEC. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117–58 to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, letter of intent, federally funded cooperative agreement, full funding grant agreement, or discretionary grant unless
the Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project competitively selected to receive any discretionary
grant award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by
the Department or its operating administrations: Provided, That
the Secretary of Transportation shall provide the House and Senate
Committees on Appropriations with a comprehensive list of all
such loans, loan guarantees, lines of credit, letters of intent, federally funded cooperative agreements, full funding grant agreements,
and discretionary grants prior to the notification required under
the preceding proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ‘‘quick release’’ of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
SEC. 186. Rebates, refunds, incentive payments, minor fees,
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be
available until expended.
H. R. 4366—318
SEC. 187. Notwithstanding any other provision of law, if any
funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and
Senate Committees on Appropriations, and such reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days
after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary
for the costs related to assessments or reimbursable agreements
only when such amounts are for the costs of goods and services
that are purchased to provide a direct benefit to the applicable
operating administration or administrations.
SEC. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and electronic media.
SEC. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring preference not otherwise authorized
by law, or to amend a rule, regulation, policy or other measure
that forbids a recipient of a Federal Highway Administration or
Federal Transit Administration grant from imposing such hiring
preference on a contract or construction project with which the
Department of Transportation is assisting, only if the grant
recipient certifies the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable statewide transportation improvement program or
transportation improvement program.
SEC. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices
for Industrial Control Systems Procurement are up-to-date and
shall ensure that systems procured with funds provided under
this title were procured using such practices.
SEC. 192. None of the funds made available in this Act may
be used in contravention of the American Security Drone Act of
H. R. 4366—319
2023 (subtitle B of title XVIII of division A of Public Law 118–
31).
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2024’’.
H. R. 4366—320
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT
AND
ADMINISTRATION
EXECUTIVE OFFICES
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $19,400,000, to remain available until September 30,
2025: Provided, That not to exceed $25,000 of the amount made
available under this heading shall be available to the Secretary
of Housing and Urban Development (referred to in this title as
‘‘the Secretary’’) for official reception and representation expenses
as the Secretary may determine.
ADMINISTRATIVE SUPPORT OFFICES
For necessary salaries and expenses for Administrative Support
Offices, $686,400,000, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading—
(1) $91,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $129,700,000 shall be available for the Office of the
General Counsel, of which not less than $21,700,000 shall
be for the Departmental Enforcement Center;
(3) $239,000,000 shall be available for the Office of
Administration;
(4) $52,000,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $32,000,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $68,000,000 shall be available for the Office of Field
Policy and Management;
(7) $4,700,000 shall be available for the Office of Departmental Equal Employment Opportunity; and
(8) $70,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading
may be used for necessary administrative and non-administrative
expenses of the Department, not otherwise provided for, including
purchase of uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; hire of
passenger motor vehicles; and services as authorized by section
3109 of title 5, United States Code: Provided further, That notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that directly support program activities funded in this title.
PROGRAM OFFICES
For necessary salaries and expenses for Program Offices,
$1,097,164,130, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading—
H. R. 4366—321
(1) $286,000,000 shall be available for the Office of Public
and Indian Housing;
(2) $168,514,130 shall be available for the Office of Community Planning and Development;
(3) $487,550,000 shall be available for the Office of Housing;
(4) $41,000,000 shall be available for the Office of Policy
Development and Research;
(5) $102,900,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,200,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(f)), amounts
transferred, including reimbursements pursuant to section 7(f), to
the Fund under this heading shall be available only for Federal
shared services used by offices and agencies of the Department,
and for any such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services the
Secretary has determined shall be provided through the Fund,
and the operational expenses of the Fund: Provided, That amounts
within the Fund shall not be available to provide services not
specifically authorized under this heading: Provided further, That
upon a determination by the Secretary that any other service (or
portion thereof) authorized under this heading shall be provided
through the Fund, amounts made available in this title for salaries
and expenses under the headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program Offices’’, and ‘‘Government National
Mortgage Association’’, for such services shall be transferred to
the Fund, to remain available until expended: Provided further,
That the Secretary shall notify the House and Senate Committees
on Appropriations of its plans for executing such transfers at least
15 days in advance of such transfers.
PUBLIC
AND INDIAN
HOUSING
TENANT-BASED RENTAL ASSISTANCE
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (in this title ‘‘the
Act’’), not otherwise provided for, $28,386,831,000, to remain available until expended, which shall be available on October 1, 2023
(in addition to the $4,000,000,000 previously appropriated under
this heading that shall be available on October 1, 2023), of which
$6,000,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, and
$4,000,000,000, to remain available until expended, which shall
be available on October 1, 2024: Provided, That of the sums appropriated under this heading—
H. R. 4366—322
(1) $28,490,955,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2024 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under
lease which exceeds a public housing agency’s authorized level
of units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration,
which are instead governed in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any: Provided further, That the Secretary shall, to
the extent necessary to stay within the amount specified under
this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further,
That except as provided in the following provisos, the entire
amount specified under this paragraph (except as otherwise
modified under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public housing
agencies of their annual budget by the latter of 60 days after
enactment of this Act or March 1, 2024: Provided further,
That the Secretary may extend the notification period only
after the House and Senate Committees on Appropriations
are notified at least 10 business days in advance of the extension: Provided further, That public housing agencies participating in the MTW demonstration shall be funded in accordance
with the requirements of the MTW demonstration program
or their MTW agreements, if any, and shall be subject to
the same pro rata adjustments under the preceding provisos:
Provided further, That the Secretary may offset public housing
agencies’ calendar year 2024 allocations based on the excess
amounts of public housing agencies’ net restricted assets
accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2023 that is
verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset,
as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies’ calendar year 2024 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the preceding two provisos throughout the calendar year to prevent the termination of rental
H. R. 4366—323
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $200,000,000 shall be available only:
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous 12-month period in order to be available to meet
a commitment pursuant to section 8(o)(13) of the Act, or
an adjustment for a funding obligation not yet expended
in the previous calendar year for a MTW-eligible activity
to develop affordable housing for an agency added to the
MTW demonstration under the expansion authority provided in section 239 of the Transportation, Housing and
Urban Development, and Related Agencies Appropriations
Act, 2016 (division L of Public Law 114–113);
(C) for adjustments for costs associated with HUD–
Veterans Affairs Supportive Housing (HUD–VASH)
vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that—
(i) are leasing a lower-than-average percentage of
their authorized vouchers,
(ii) have low amounts of budget authority in their
net restricted assets accounts and HUD-held programmatic reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing
agency after the agency’s actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined
by the Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under section
8, relocation of witnesses (including victims of violent crimes)
in connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision
H. R. 4366—324
of law authorizing such assistance under section 8(t) of the
Act, Choice Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance
to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959
and 1974 that are refinanced pursuant to Public Law 106–
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental assistance
when the units pose an imminent health and safety risk to
residents: Provided further, That the Secretary may provide
section 8 rental assistance from amounts made available under
this paragraph for units assisted under a project-based subsidy
contract funded under the ‘‘Project-Based Rental Assistance’’
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That of the amounts made
available under this paragraph, no less than $5,000,000 may
be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in
low vacancy areas and who may have to pay rents greater
than 30 percent of household income, as the result of: (A)
the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher
or tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a mortgage
or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made
available under the preceding proviso may be provided under
the authority of section 8(t) or section 8(o)(13) of the Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to
issue any such voucher shall cease to exist: Provided further,
That the Secretary may only provide replacement vouchers
for units that were occupied within the previous 24 months
that cease to be available as assisted housing, subject only
to the availability of funds;
(3) $2,770,935,000 shall be available for administrative and
other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program, of which
up to $30,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, HUD–VASH vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $2,740,935,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the calendar
year 2024 funding cycle based on section 8(q) of the Act (and
H. R. 4366—325
related appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work Responsibility Act of 1998 (Public Law 105–276): Provided further,
That if the amounts made available under this paragraph are
insufficient to pay the amounts determined under the preceding
proviso, the Secretary may decrease the amounts allocated
to agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the preceding proviso, utilize unobligated balances, including
recaptures and carryover, remaining from funds appropriated
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $742,941,000 shall be available for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses: Provided,
That administrative and other expenses of public housing agencies in administering the special purpose vouchers in this paragraph shall be funded under the same terms and be subject
to the same pro rata reduction as the percent decrease for
administrative and other expenses to public housing agencies
under paragraph (3) of this heading: Provided further, That
up to $10,000,000 shall be available only—
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result of
insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined
by the Secretary: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) of the amounts provided under paragraph (1), up to
$7,500,000 shall be available for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native
American veterans that are homeless or at-risk of homelessness
living on or near a reservation or other Indian areas: Provided,
That such amount shall be made available for renewal grants
to recipients that received assistance under prior Acts under
H. R. 4366—326
the Tribal HUD–VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance reported
by grant recipients: Provided further, That such assistance
shall be administered in accordance with program requirements
under the Native American Housing Assistance and Self-Determination Act of 1996 and modeled after the HUD–VASH program: Provided further, That the Secretary shall be authorized
to waive, or specify alternative requirements for any provision
of any statute or regulation that the Secretary administers
in connection with the use of funds made available under
this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by
the Secretary: Provided further, That the Secretary may reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under the Tribal HUD–VASH program
under prior Acts to existing recipients under the Tribal HUD–
VASH program;
(6) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding
available, notwithstanding section 203 (competition provision)
of this title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department
of Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under
this paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turnover: Provided further, That of the total amount made available
under this paragraph, up to $10,000,000 may be for additional
fees established by and allocated pursuant to a method determined by the Secretary for administrative and other expenses
(including those eligible activities defined by notice to facilitate
leasing, such as security deposit assistance and costs related
H. R. 4366—327
to the retention and support of participating owners) of public
housing agencies in administering HUD–VASH vouchers;
(7) $30,000,000 shall be available for the family unification
program as authorized under section 8(x) of the Act: Provided,
That the amounts made available under this paragraph are
provided as follows:
(A) $5,000,000 shall be available for new incremental
voucher assistance, which shall continue to remain available for family unification upon turnover; and
(B) $25,000,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by
such section 8(x)(2)(B) of the Act, which shall continue
to remain available for such eligible youth upon turnover:
Provided, That such amounts shall be available on a noncompetitive basis to public housing agencies that partner
with public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist such
eligible youth, and that meet any other criteria as specified
by the Secretary: Provided further, That the Secretary shall
review utilization of such assistance and assistance originating from appropriations made available for youth under
this heading in any prior Act that the Secretary made
available on a noncompetitive basis, at an interval to be
determined by the Secretary, and unutilized voucher assistance that is no longer needed based on such review shall
be recaptured by the Secretary and reallocated pursuant
to the preceding proviso:
Provided further, That any public housing agency administering
new incremental voucher assistance originating from appropriations made available for the family unification program under
this heading in this or any prior Act that the Secretary made
available on a competitive basis that determines it no longer
has an identified need for such assistance upon turnover shall
notify the Secretary, and the Secretary shall recapture such
assistance from the agency and reallocate it to any other public
housing agency or agencies based on need for voucher assistance
in connection with such specified program or eligible youth,
as applicable; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’ and the heading ‘‘Project-Based
Rental Assistance’’, for fiscal year 2024 and prior years may be
used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated:
Provided, That any obligated balances of contract authority from
fiscal year 1974 and prior fiscal years that have been terminated
shall be rescinded: Provided further, That amounts heretofore recaptured, or recaptured during the current fiscal year, from section
H. R. 4366—328
8 project-based contracts from source years fiscal year 1975 through
fiscal year 1987 are hereby rescinded, and an amount of additional
new budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.
PUBLIC HOUSING FUND
For 2024 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e))
(the ‘‘Act’’), and to carry out capital and management activities
for public housing agencies, as authorized under section 9(d) of
the Act (42 U.S.C. 1437g(d)), $8,810,784,000, to remain available
until September 30, 2027: Provided, That of the sums appropriated
under this heading—
(1) $5,475,784,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2024 payments;
(2) $25,000,000 shall be available for the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience,
or are at risk of, financial shortfalls, as determined by the
Secretary: Provided, That after all such shortfall needs are
met, the Secretary may distribute any remaining funds to all
public housing agencies on a pro-rata basis pursuant to such
Operating Fund formula;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided further, That the Secretary shall notify public housing
agencies requesting waivers under the preceding proviso if the
request is approved or denied within 14 days of submitting
the request: Provided further, That from the funds made available under this paragraph, the Secretary shall provide bonus
awards in fiscal year 2024 to public housing agencies that
are designated high performers: Provided further, That the
Department shall notify public housing agencies of their formula allocation within 60 days of enactment of this Act;
(4) $30,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety
and security measures necessary to address crime and drugrelated activity, as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2024:
Provided, That of the amount made available under this paragraph, not less than $10,000,000 shall be for safety and security
H. R. 4366—329
measures: Provided further, That in addition to the amount
in the preceding proviso for such safety and security measures,
any amounts that remain available, after all applications
received on or before September 30, 2025, for emergency capital
needs have been processed, shall be allocated to public housing
agencies for such safety and security measures;
(5) $65,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments, abatement,
and interim controls, as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon,
and fire safety: Provided, That not less than $25,000,000 of
the amounts provided under this paragraph shall be awarded
for evaluating and reducing lead-based paint hazards, except
that if such amount is undersubscribed any remaining amounts
may be awarded to qualified applicants for other purposes
under this paragraph: Provided further, That for purposes of
environmental review, a grant under this paragraph shall be
considered funds for projects or activities under title I of the
Act for purposes of section 26 of the Act (42 U.S.C. 1437x)
and shall be subject to the regulations implementing such section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary,
for costs associated with public housing asset improvement,
in addition to other amounts for that purpose provided under
any heading under this title:
Provided further, That notwithstanding any other provision of law
or regulation, during fiscal year 2024, the Secretary of Housing
and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary
for Public and Indian Housing any authority under paragraph (2)
of section 9(j) of the Act regarding the extension of the time periods
under such section: Provided further, That for purposes of such
section 9(j), the term ‘‘obligate’’ means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future.
ASSISTED HOUSING INSPECTIONS AND RISK ASSESSMENTS
For the Department’s inspection and assessment programs,
including travel, training, and program support contracts,
$50,000,000 to remain available until September 30, 2025: Provided,
That unobligated balances, including recaptures and carryover,
remaining from funds appropriated under the heading ‘‘Public
Housing Fund’’ to support ongoing public housing financial and
physical assessment activities shall be available for the purposes
authorized under this heading in addition to the purposes for which
such funds originally were appropriated.
CHOICE NEIGHBORHOODS INITIATIVE
For competitive grants under the choice neighborhoods initiative (subject to section 24 of the United States Housing Act of
H. R. 4366—330
1937 (42 U.S.C. 1437v) (the ‘‘Act’’) unless otherwise specified under
this heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable,
mixed-income neighborhoods with appropriate services, schools,
public assets, transportation, and access to jobs, $75,000,000, to
remain available until September 30, 2028: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of amounts made available
under this heading shall not be deemed to be for public housing,
notwithstanding section 3(b)(1) of the Act: Provided further, That
grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other Federal,
or private funds: Provided further, That grantees may include local
governments, Tribal entities, public housing agencies, and nonprofit
organizations: Provided further, That for-profit developers may
apply jointly with a public entity: Provided further, That for purposes of environmental review, a grantee shall be treated as a
public housing agency under section 26 of the Act (42 U.S.C. 1437x),
and grants made with amounts available under this heading shall
be subject to the regulations issued by the Secretary to implement
such section: Provided further, That of the amounts made available
under this heading, not less than $37,500,000 shall be awarded
to public housing agencies: Provided further, That such grantees
shall create partnerships with other local organizations, including
assisted housing owners, service agencies, and resident organizations: Provided further, That the Secretary shall consult with the
Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and
the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided
further, That not more than $10,000,000 of the amounts made
available under this heading may be provided as grants to undertake comprehensive local planning with input from residents and
the community: Provided further, That none of the funds made
available under this heading may be obligated for main street
housing grants under section 24(n) of the Act (42 U.S.C. 1437v(n)):
Provided further, That unobligated balances, including recaptures,
remaining from amounts made available under the heading
‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’
in fiscal year 2011 and prior fiscal years may be used for purposes
under this heading, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That the Secretary
shall make grant awards not later than 1 year after the date
of enactment of this Act in such amounts that the Secretary determines: Provided further, That notwithstanding section 24(o) of the
Act (42 U.S.C. 1437v(o)), the Secretary may, until September 30,
2024, obligate any available unobligated balances made available
under this heading in this or any prior Act.
H. R. 4366—331
SELF-SUFFICIENCY PROGRAMS
For activities and assistance related to self-sufficiency programs, to remain available until September 30, 2027, $195,500,000:
Provided, That of the sums appropriated under this heading—
(1) $140,500,000 shall be available for the family selfsufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of
1937 (42 U.S.C. 1437u), to promote the development of local
strategies to coordinate the use of assistance under sections
8 and 9 of such Act with public and private resources, and
enable eligible families to achieve economic independence and
self-sufficiency;
(2) $40,000,000 shall be available for the resident opportunity and self-sufficiency program to provide for supportive
services, service coordinators, and congregate services as
authorized by section 34 of the United States Housing Act
of 1937 (42 U.S.C. 1437z–6) and the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.): Provided, That amounts made available under this
paragraph may be used to renew resident opportunity and
self-sufficiency program grants to allow the public housing
agency, or a new owner, to continue to serve (or restart service
to) residents of a project with assistance converted from public
housing to project-based rental assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) or
assistance under section 8(o)(13) of such Act under the heading
‘‘Rental Assistance Demonstration’’ in the Department of
Housing and Urban Development Appropriations Act, 2012
(Public Law 112–55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a jobs-plus initiative,
modeled after the jobs-plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and organizations that provide support to help public housing residents
obtain employment and increase earnings: Provided further,
That applicants must demonstrate the ability to provide services to residents, partner with workforce investment boards,
and leverage service dollars: Provided further, That the Secretary may allow public housing agencies to request exemptions
from rent and income limitation requirements under sections
3 and 6 of the United States Housing Act of 1937 (42 U.S.C.
1437a, 1437d), as necessary to implement the jobs-plus program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers
or alternative requirements are necessary for the effective
implementation of the jobs-plus initiative as a voluntary program for residents: Provided further, That the Secretary shall
publish by notice in the Federal Register any waivers or alternative requirements pursuant to the preceding proviso no later
than 10 days before the effective date of such notice.
H. R. 4366—332
NATIVE AMERICAN PROGRAMS
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act
of 1996 (in this heading ‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.),
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) with respect to Indian tribes, and related
training and technical assistance, $1,344,000,000, to remain available until September 30, 2028: Provided, That of the sums appropriated under this heading—
(1) $1,111,000,000 shall be available for the Native American housing block grants program, as authorized under title
I of NAHASDA: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That the Secretary shall notify grantees of their formula allocation not
later than 60 days after the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American housing block grants program, as
authorized under title I of NAHASDA: Provided, That the Secretary shall obligate such amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding amounts made available in this paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to projects that
will spur construction and rehabilitation of housing: Provided
further, That any amounts transferred for the necessary costs
of administering and overseeing the obligation and expenditure
of such additional amounts in prior Acts may also be used
for the necessary costs of administering and overseeing such
additional amount;
(3) $1,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the cost of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That amounts made available
in this and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including recaptures
and carryover, may be available to subsidize the total principal
amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $50,000,000, to remain available until September 30, 2025;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian community development block
grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision
of law (including section 203 of this Act), not more than
$5,000,000 may be used for emergencies that constitute
imminent threats to health and safety: Provided, That not
to exceed 20 percent of any grant made with amounts made
H. R. 4366—333
available in this paragraph shall be expended for planning
and management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the
inspection of Indian housing units, for contract expertise, and
for training and technical assistance related to amounts made
available under this heading and other headings in this Act
for the needs of Native American families and Indian country:
Provided, That of the amounts made available in this paragraph, not less than $2,000,000 shall be for a national organization as authorized under section 703 of NAHASDA (25 U.S.C.
4212): Provided further, That amounts made available in this
paragraph may be used, contracted, or competed as determined
by the Secretary: Provided further, That notwithstanding
chapter 63 of title 31, United States Code (commonly known
as the Federal Grant and Cooperative Agreements Act of 1977),
the amounts made available in this paragraph may be used
by the Secretary to enter into cooperative agreements with
public and private organizations, agencies, institutions, and
other technical assistance providers to support the administration of negotiated rulemaking under section 106 of NAHASDA
(25 U.S.C. 4116), the administration of the allocation formula
under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $1,500,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of guaranteed loans,
as authorized by section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z–13a), that are unobligated, including recaptures and carryover, may be available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,800,000,000, to remain available until September
30, 2025.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
For the Native Hawaiian housing block grant program, as
authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221 et seq.),
$22,300,000, to remain available until September 30, 2028: Provided, That notwithstanding section 812(b) of such Act, the Department of Hawaiian Home Lands may not invest grant amounts
made available under this heading in investment securities and
other obligations: Provided further, That amounts made available
under this heading in this and prior fiscal years may be used
to provide rental assistance to eligible Native Hawaiian families
both on and off the Hawaiian Home Lands, notwithstanding any
other provision of law: Provided further, That up to $1,000,000
H. R. 4366—334
of the amounts made available under this heading may be for
training and technical assistance related to amounts made available
under this heading and other headings in this Act for the needs
of Native Hawaiians and the Department of Hawaiian Home Lands.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM
ACCOUNT
New commitments to guarantee loans, as authorized by section
184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z–13b), any part of which is to be guaranteed,
shall not exceed $28,000,000 in total loan principal, to remain
available until September 30, 2025: Provided, That the Secretary
may enter into commitments to guarantee loans used for refinancing.
COMMUNITY PLANNING
AND
DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the housing opportunities for persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $505,000,000, to remain available
until September 30, 2027: Provided, That the Secretary shall renew
or replace all expiring contracts for permanent supportive housing
that initially were funded under section 854(c)(5) of such Act from
funds made available under this heading in fiscal year 2010 and
prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided
further, That the process for submitting amendments and approving
replacement contracts shall be established by the Secretary in a
notice: Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of this
Act.
COMMUNITY DEVELOPMENT FUND
For assistance to States and units of general local government,
and other entities, for economic and community development activities, and other purposes, $6,720,054,336, to remain available until
September 30, 2027: Provided, That of the sums appropriated under
this heading—
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.) (in this heading ‘‘the Act’’):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this paragraph may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for
any other funds, credits, or non-Federal considerations, but
shall use such funds for activities eligible under title I of
the Act: Provided further, That notwithstanding section
H. R. 4366—335
105(e)(1) of the Act, no funds made available under this paragraph may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with
guidelines required under subsection (e)(2) of section 105;
(2) $100,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local governments, metropolitan planning organizations, and multijurisdictional entities for additional activities under title I of the
Act for the identification and removal of barriers to affordable
housing production and preservation: Provided, That eligible
uses of such grants include activities to further develop,
evaluate, and implement housing policy plans, improve housing
strategies, and facilitate affordable housing production and
preservation: Provided further, That the Secretary shall
prioritize applicants that are able to (A) demonstrate progress
and a commitment to overcoming local barriers to facilitate
the increase in affordable housing production and preservation,
primarily by having enacted improved laws and regulations
that the Secretary reasonably expects to preserve or produce
new housing units; and (B) demonstrate an acute need for
housing affordable to households with incomes below 100 percent of the area median income: Provided further, That grantees
shall report to the Secretary regularly on their activities and
outcomes: Provided further, That the Secretary shall analyze
observable housing production, preservation, and cost trends
in the participating jurisdictions or geographic areas: Provided
further, That funds allocated for such grants shall not adversely
affect the amount of any formula assistance received by a
jurisdiction under paragraph (1) of this heading: Provided further, That in administering such amounts the Secretary may
waive or specify alternative requirements for any provision
of such title I except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and
requirements that activities benefit persons of low- and moderate-income, upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the
use of such amounts;
(3) $30,000,000 shall be available for activities authorized
under section 8071 of the SUPPORT for Patients and Communities Act (Public Law 115–271): Provided, That funds allocated
pursuant to this paragraph shall not adversely affect the
amount of any formula assistance received by a State under
paragraph (1) of this heading: Provided further, That the Secretary shall allocate the funds for such activities based on
the notice establishing the funding formula published in 84
FR 16027 (April 17, 2019) except that the formula shall use
age-adjusted rates of drug overdose deaths for 2021 based on
data from the Centers for Disease Control and Prevention;
and
(4) $3,290,054,336 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and
in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community
Project Funding/Congressionally Directed Spending’’ included
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
H. R. 4366—336
That eligible expenses of such grants in this and prior Acts
may include administrative, planning, operations and maintenance, and other costs: Provided further, That such grants
for the EDI shall be available for reimbursement of otherwise
eligible expenses incurred on or after the date of enactment
of this Act and prior to the date of grant execution: Provided
further, That none of the amounts made available under this
paragraph for grants for the EDI shall be used for reimbursement of expenses incurred prior to the date of enactment of
this Act: Provided further, That grants for the EDI authorized
under this heading in the Department of Housing and Urban
Development Appropriations Act, 2022 (Public Law 117–103)
shall also be available hereafter for reimbursement of otherwise
eligible expenses (including those eligible expenses identified
in the first proviso of this paragraph) incurred on or after
the date of enactment of such Act and prior to the date of
grant execution, and shall hereafter not be subject to the second
proviso under such heading in such Act:
Provided further, That for amounts made available under paragraphs (1) and (3), the Secretary shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a), during fiscal year 2024, commitments to guarantee
loans under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), any part of which is guaranteed,
shall not exceed a total principal amount of $400,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974: Provided further, That such commitment
authority funded by fees may be used to guarantee, or make commitments to guarantee, notes or other obligations issued by any State
on behalf of non-entitlement communities in the State in accordance
with the requirements of such section 108: Provided further, That
any State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in non-entitlement
areas that received the commitment.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable Housing
Act, as amended (42 U.S.C. 12721 et seq.), $1,250,000,000, to remain
available until September 30, 2027: Provided, That notwithstanding
section 231(b) of such Act (42 U.S.C. 12771(b)), all unobligated
balances remaining from amounts recaptured pursuant to such
section that remain available until expended shall be combined
with amounts made available under this heading and allocated
in accordance with the formula under section 217(b)(1)(A) of such
Act (42 U.S.C. 12747(b)(1)(A)): Provided further, That the Department shall notify grantees of their formula allocations within 60
H. R. 4366—337
days after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with respect
to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in any
calendar year from 2018 through 2026 under that section: Provided
further, That section 231(b) of such Act (42 U.S.C. 12771(b)) shall
not apply to any uninvested funds that otherwise were deducted
or would be deducted from the line of credit in the participating
jurisdiction’s HOME Investment Trust Fund in any calendar year
from 2018 through 2026 under that section.
PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY
ENHANCEMENT
For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including
pre-1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$10,000,000, to remain available until September 30, 2028: Provided, That recipients of grants provided with amounts made available under this heading shall be States, units of general local
government, resident-owned manufactured housing communities,
cooperatives, nonprofit entities including consortia of nonprofit entities, community development financial institutions, Indian Tribes
(as such term is defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4103)), or other entities approved by the Secretary: Provided
further, That the Secretary shall reserve an amount for Indian
Tribes within such competition: Provided further, That the Secretary
may approve entities for selection that partner with one or several
residents of such eligible communities or that propose to implement
a grant program that would assist residents of such eligible communities: Provided further, That eligible uses of such grants may
include infrastructure, planning, resident and community services
(including relocation assistance and eviction prevention), resiliency
activities, and providing other assistance to residents or owners
of manufactured homes, which may include providing assistance
for manufactured housing land and site acquisition: Provided further, That, except as determined by the Secretary, participation
in this program shall not encumber the future transfer of title
or use of property by the residents, owners, or communities: Provided further, That when selecting recipients, the Secretary shall
prioritize applications that primarily benefit low- or moderately
low-income residents and preserve long-term housing affordability
for residents of manufactured housing or a manufactured housing
community: Provided further, That eligible manufactured housing
communities may include those that are—
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That resiliency activities means the reconstruction, repair, or replacement of manufactured housing and manufactured housing communities to protect the health and safety of
manufactured housing residents and to address weatherization and
H. R. 4366—338
energy efficiency needs, except that for pre-1976 mobile homes,
funds made available under this heading may be used only for
replacement: Provided further, That the Secretary may waive or
specify alternative requirements for any provision of any statute
or regulation that the Secretary administers in connection with
the use of amounts made available under this heading (except
for requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such waiver
or alternative requirement is necessary to facilitate the use of
such amounts.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
For the self-help and assisted homeownership opportunity program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996 (42 U.S.C. 12805 note), and for
related activities and assistance, $60,000,000, to remain available
until September 30, 2026: Provided, That of the sums appropriated
under this heading—
(1) $12,000,000 shall be available for the self-help homeownership opportunity program as authorized under such section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section 4(a)
of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note),
of which not less than $5,000,000 shall be for rural capacity
building activities: Provided, That for purposes of awarding
grants from amounts made available in this paragraph, the
Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations; and
(3) $6,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofit organizations, local governments, and Indian Tribes
serving high need rural communities.
HOMELESS ASSISTANCE GRANTS
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $4,051,000,000, to remain available until September
30, 2026: Provided, That of the sums appropriated under this
heading—
(1) $290,000,000 shall be available for the emergency solutions grants program authorized under subtitle B of such title
IV (42 U.S.C. 11371 et seq.): Provided, That the Department
shall notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts allocated) for the emergency solutions grant program not later
than 60 days after enactment of this Act;
(2) $3,544,000,000 shall be available for the continuum
of care program authorized under subtitle C of such title IV
(42 U.S.C. 11381 et seq.) and the rural housing stability assistance programs authorized under subtitle D of such title IV
(42 U.S.C. 11408): Provided, That the Secretary shall prioritize
funding under the continuum of care program to continuums
of care that have demonstrated a capacity to reallocate funding
H. R. 4366—339
from lower performing projects to higher performing projects:
Provided further, That the Secretary may make reasonable
adjustments to renewal amounts to enable renewal projects
to operate at substantially the same levels, including costof-living adjustments for supportive services from the prior
grant: Provided further, That the Secretary shall provide incentives to create projects that coordinate with housing providers
and healthcare organizations to provide permanent supportive
housing and rapid re-housing services: Provided further, That
the Secretary may establish by notice an alternative maximum
amount for administrative costs related to the requirements
described in sections 402(f)(1) and 402(f)(2) of subtitle A of
such title IV of no more than 5 percent or $50,000, whichever
is greater, notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: Provided further, That of the
amounts made available for the continuum of care program
under this paragraph, $52,000,000 shall be for grants for new
rapid re-housing projects and supportive service projects providing coordinated entry, and for eligible activities that the
Secretary determines to be critical in order to assist survivors
of domestic violence, dating violence, sexual assault, or stalking,
except that the Secretary may make additional grants for such
projects and purposes from amounts made available for such
continuum of care program: Provided further, That amounts
made available for the continuum of care program under this
paragraph and any remaining unobligated balances under this
heading in prior Acts may be used to competitively or noncompetitively renew or replace grants for youth homeless demonstration projects under the continuum of care program, notwithstanding any conflict with the requirements of the continuum of care program;
(3) $10,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act
of 1977 (31 U.S.C. 6301–6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be
used by the Secretary to enter into cooperative agreements
with such entities as may be determined by the Secretary,
including public and private organizations, agencies, and
institutions;
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with
a priority for communities with substantial rural populations
in up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in establishing
and implementing a response system for youth homelessness,
or for improving their existing system: Provided further, That
of the amount made available under this paragraph, up to
$10,000,000 shall be to provide technical assistance to communities, including but not limited to the communities assisted
in the preceding proviso and the matter preceding such proviso,
H. R. 4366—340
on improving system responses to youth homelessness, and
collection, analysis, use, and reporting of data and performance
measures under the comprehensive approaches to serve homeless youth, in addition to and in coordination with other technical assistance funds provided under this title: Provided further, That the Secretary may use up to 10 percent of the
amount made available under the preceding proviso to build
the capacity of current technical assistance providers or to
train new technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness; and
(5) $100,000,000 shall be available for one-time awards
under the continuum of care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards
may be used for other continuum of care eligible activities
associated with such projects and not more than 10 percent
of such awards may be used for project administration: Provided, That these amounts shall be awarded on a competitive
basis, based on need and other factors to be determined by
the Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations and
social service providers: Provided further, That not less than
$35,000,000 shall be awarded to applicants for projects within
States with populations less than 2,500,000, except that if
such amount is undersubscribed any remaining amounts may
be awarded to qualified applicants for projects in any State:
Provided further, That the grants for ongoing costs associated
with such projects shall be eligible for renewal under the continuum of care program subject to the same terms and conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a)
or (b) of section 103 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by
youth aged 24 and under who are living in unsafe situations may
be served by youth-serving providers funded under this heading:
Provided further, That persons eligible under section 103(a)(5) of
the McKinney-Vento Homeless Assistance Act may be served by
any project funded under this heading to provide both transitional
housing and rapid re-housing: Provided further, That for all
matching funds requirements applicable to funds made available
under this heading for this fiscal year and prior fiscal years, a
grantee may use (or could have used) as a source of match funds
other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of
the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum
of care’s system performance: Provided further, That any unobligated amounts remaining from funds made available under this
heading in fiscal year 2012 and prior years for project-based rental
H. R. 4366—341
assistance for rehabilitation projects with 10-year grant terms may
be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading in fiscal year 2019 or prior years, except for rental assistance amounts that were recaptured and made available until
expended, shall be available for the current purposes authorized
under this heading in addition to the purposes for which such
funds originally were appropriated.
HOUSING PROGRAMS
PROJECT-BASED RENTAL ASSISTANCE
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$15,610,000,000, to remain available until expended, shall be available on October 1, 2023 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2023), of which $2,000,000,000 is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985, and $400,000,000, to remain available until
expended, shall be available on October 1, 2024: Provided, That
the amounts made available under this heading shall be available
for expiring or terminating section 8 project-based subsidy contracts
(including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this
heading: Provided further, That of the total amounts provided under
this heading, not to exceed $468,000,000 shall be available for
performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z–1(a)); rent
supplement payments pursuant to section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
rental assistance payments (12 U.S.C. 1715z–1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667); and loans under section 202 of the
Housing Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided
H. R. 4366—342
further, That amounts recaptured under this heading, the heading
‘‘Annual Contributions for Assisted Housing’’, or the heading
‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based housing assistance payments contract that authorizes the Department or a
housing finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account and that
are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account,
to be available until expended: Provided further, That amounts
deposited pursuant to the preceding proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
HOUSING FOR THE ELDERLY
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959 (12 U.S.C. 1701q), for project
rental assistance for the elderly under section 202(c)(2) of such
Act, including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a 5year term, for senior preservation rental assistance contracts,
including renewals, as authorized by section 811(e) of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), and for supportive services associated with the housing,
$913,000,000 to remain available until September 30, 2027: Provided, That of the amount made available under this heading,
up to $112,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted
housing projects: Provided further, That any funding for existing
service coordinators under the preceding proviso shall be provided
within 120 days of enactment of this Act: Provided further, That
the Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except that
the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of the Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess
of an amount to be determined by the Secretary, shall be remitted
to the Department and deposited in this account, to remain available until September 30, 2027: Provided further, That amounts
deposited in this account pursuant to the preceding proviso shall
be available, in addition to the amounts otherwise provided by
this heading, for the purposes authorized under this heading: Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated
under this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for which
such funds originally were appropriated.
H. R. 4366—343
HOUSING FOR PERSONS WITH DISABILITIES
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant
to subsection (h) of section 202 of the Housing Act of 1959, as
added by section 205(a) of the Housing and Community Development Amendments of 1978 (Public Law 95–557: 92 Stat. 2090),
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 5-year term,
for project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section 811(b)(3)
of the Cranston-Gonzalez National Affordable Housing Act, and
for supportive services associated with the housing for persons
with disabilities as authorized by section 811(b)(1) of such Act,
$208,000,000, to remain available until September 30, 2027: Provided, That, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project subject to
a section 811 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department
and deposited in this account, to remain available until September
30, 2027: Provided further, That amounts deposited in this account
pursuant to the preceding proviso shall be available in addition
to the amounts otherwise provided by this heading for the purposes
authorized under this heading: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used
for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
HOUSING COUNSELING ASSISTANCE
For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $57,500,000, to remain available
until September 30, 2025, including up to $4,500,000 for administrative contract services: Provided, That funds shall be used for providing counseling and advice to tenants and homeowners, both
current and prospective, with respect to property maintenance,
financial management or literacy, and such other matters as may
be appropriate to assist them in improving their housing conditions,
meeting their financial needs, and fulfilling the responsibilities
of tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for purposes
of awarding grants from amounts provided under this heading,
the Secretary may enter into multiyear agreements, as appropriate,
subject to the availability of annual appropriations.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $14,000,000, to remain available until
H. R. 4366—344
expended, of which $14,000,000 shall be derived from the Manufactured Housing Fees Trust Fund (established under section 620(e)
of such Act (42 U.S.C. 5419(e)): Provided, That not to exceed the
total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2024 so as to result in a final
fiscal year 2024 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2024 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary may assess and collect fees from any program participant: Provided further, That such collections shall be
deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of
such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2025:
Provided, That during fiscal year 2024, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $1,000,000: Provided
further, That the foregoing amount in the preceding proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $150,000,000, to remain available
until September 30, 2025: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before
April 1, 2024, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of section 255(g)
of the National Housing Act (12 U.S.C. 1715z–20(g)), during fiscal
year 2024 the Secretary may insure and enter into new commitments to insure mortgages under section 255 of the National
Housing Act only to the extent that the net credit subsidy cost
for such insurance does not exceed zero.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections
H. R. 4366—345
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), shall not exceed $35,000,000,000 in total loan principal,
any part of which is to be guaranteed, to remain available until
September 30, 2025: Provided, That during fiscal year 2024, gross
obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing
Act, shall not exceed $1,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of
single family real properties owned by the Secretary and formerly
insured under such Act.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available
until September 30, 2025: Provided, That $54,000,000, to remain
available until September 30, 2025, shall be for necessary salaries
and expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan commitments exceed $155,000,000,000 on or before April 1, 2024, an additional $100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III
of the National Housing Act (12 U.S.C. 1716 et seq.) shall be
credited as offsetting collections to this account.
POLICY DEVELOPMENT
AND
RESEARCH
RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $119,000,000,
to remain available until September 30, 2025: Provided, That with
respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into
cooperative agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies, Indian
Tribes, tribally designated housing entities, or colleges or universities for research projects: Provided further, That with respect
to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 percent match toward the
cost of the project: Provided further, That for non-competitive agreements entered into in accordance with the preceding two provisos,
the Secretary shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109–
282; 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C)
H. R. 4366—346
of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation
of award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan
to the House and Senate Committees on Appropriations on how
the Secretary will allocate funding for this activity at least 30
days prior to obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program: Provided further, That an
additional $20,000,000, to remain available until September 30,
2026, shall be for competitive grants to nonprofit or governmental
entities to provide legal assistance (including assistance related
to pretrial activities, trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants
at risk of or subject to eviction: Provided further, That in awarding
grants under the preceding proviso, the Secretary shall give preference to applicants that include a marketing strategy for residents
of areas with high rates of eviction, have experience providing
no-cost legal assistance to low-income individuals, including those
with limited English proficiency or disabilities, and have sufficient
capacity to administer such assistance: Provided further, That the
Secretary shall ensure, to the extent practicable, that the proportion
of eligible tenants living in rural areas who will receive legal
assistance with grant funds made available under this heading
is not less than the overall proportion of eligible tenants who
live in rural areas.
FAIR HOUSING
AND
EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968 (42 U.S.C. 3601 et seq.), and section 561 of the Housing
and Community Development Act of 1987 (42 U.S.C. 3616a),
$86,355,000, to remain available until September 30, 2025: Provided, That notwithstanding section 3302 of title 31, United States
Code, the Secretary may assess and collect fees to cover the costs
of the Fair Housing Training Academy, and may use such funds
to develop online courses and provide such training: Provided further, That none of the funds made available under this heading
may be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant,
or loan: Provided further, That of the funds made available under
this heading, $1,355,000 may be available to the Secretary for
the creation and promotion of translated materials and other programs that support the assistance of persons with limited English
proficiency in utilizing the services provided by the Department
of Housing and Urban Development.
OFFICE
OF
LEAD HAZARD CONTROL
AND
HEALTHY HOMES
LEAD HAZARD REDUCTION
(INCLUDING TRANSFER OF FUNDS)
For the lead hazard reduction program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act
H. R. 4366—347
of 1992 (42 U.S.C. 4852), the healthy homes initiative, pursuant
to sections 501 and 502 of the Housing and Urban Development
Act of 1970 (12 U.S.C. 1701z–1 and 1701z–2), and for related
activities and assistance, $345,000,000, to remain available until
September 30, 2026: Provided, That the amounts made available
under this heading are provided as follows:
(1) $200,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $105,000,000 shall
be provided to areas with the highest lead-based paint abatement need;
(2) $140,000,000 shall be for the healthy homes initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housingrelated diseases and hazards, and mitigating housing-related
health and safety hazards in housing of low-income families,
of which—
(A) $5,000,000 shall be for the implementation of
projects in communities that are served by both the healthy
homes initiative and the Department of Energy weatherization programs to demonstrate whether the coordination
of healthy homes remediation activities with weatherization activities achieves cost savings and better outcomes
in improving the safety and quality of homes; and
(B) $30,000,000 shall be for grants to experienced nonprofit organizations, States, local governments, or public
housing agencies for safety and functional home modification repairs and renovations to meet the needs of lowincome seniors to enable them to remain in their primary
residence, of which no less than $10,000,000 shall be available to meet such needs in communities with substantial
rural populations;
(3) $3,000,000 shall be for the award of grants and contracts
for research pursuant to sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4854, 4854a);
(4) up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
‘‘Research and Technology’’ for the purposes of conducting
research and studies and for use in accordance with the provisos
under that heading for non-competitive agreements; and
(5) $2,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon demonstration) in public housing: Provided, That the testing method,
mitigation method, or action level used under the radon demonstration shall be as specified by applicable State or local
law, if such law is more protective of human health or the
environment than the method or level specified by the Secretary:
Provided further, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and other provisions of law that further the purposes
of such Act, a grant under the healthy homes initiative, or the
lead technical studies program, or other demonstrations or programs
under this heading or under prior appropriations Acts for such
purposes under this heading, or under the heading ‘‘Housing for
H. R. 4366—348
the Elderly’’ under prior Appropriations Acts, shall be considered
to be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That each applicant for a grant or cooperative agreement under this heading shall certify adequate capacity
that is acceptable to the Secretary to carry out the proposed use
of funds pursuant to a notice of funding opportunity: Provided
further, That amounts made available under this heading, in this
or prior appropriations Acts, still remaining available, may be used
for any purpose under this heading notwithstanding the purpose
for which such amounts were appropriated if a program competition
is undersubscribed and there are other program competitions under
this heading that are oversubscribed: Provided further, That
$49,400,000 of the amounts made available under this heading
in this Act from amounts specified in paragraph (2) shall be derived
from unobligated balances from prior year appropriations available
under this heading, which shall continue to be available for the
same time period as originally appropriated.
INFORMATION TECHNOLOGY FUND
For Department-wide and program-specific information technology systems and infrastructure, $383,050,000, to remain available until September 30, 2026, of which up to $23,950,000 shall
be for development, modernization, and enhancement projects,
including planning for such projects: Provided, That not later than
30 days after the end of each quarter, the Secretary shall brief
the House and Senate Committees on Appropriations on all information technology modernization efforts as required in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
OFFICE
OF INSPECTOR
GENERAL
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $152,924,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office.
GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT
AND
URBAN
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
H. R. 4366—349
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.
H. R. 4366—350
SEC. 208. None of the funds made available by this title may
be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 209. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2024 and 2025, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current
market demands, as determined by the Secretary and provided there is no increase in the project-based assistance
budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with State or Federal requirements
for community integration and reduced concentration of individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
H. R. 4366—351
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a)) of any FHA-insured mortgage, except to the
extent that appropriations are provided in advance for the
amount of any such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42
U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z–1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
H. R. 4366—352
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required lowincome and very low-income use restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
SEC. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
from an institution of higher education (as defined under section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall
be considered income to that individual, except for a person over
the age of 23 with dependent children.
SEC. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ‘‘Native American Programs’’ in
title II of this Act shall be allocated to the same Native Alaskan
housing block grant recipients that received funds in fiscal year
2005, and only such recipients shall be eligible to apply for funds
made available under paragraph (2) of such heading.
H. R. 4366—353
SEC. 212. Notwithstanding any other provision of law, in fiscal
year 2024, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or any other Federal programs, the Secretary shall
maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are
attached to any dwelling units in the property. To the extent
the Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local
resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(in this section ‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) environmental conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants of
that property, contract for project-based rental assistance payments
with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain
in effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent
major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other available
remedies, such as partial abatements or receivership. After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
SEC. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided, That an agency seeking
a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
SEC. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement,
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d), (e)), the Secretary shall not impose any requirement or
guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to paragraph (1) or (2) of section 9(g) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under paragraph (1) or (2) of section 9(g).
SEC. 215. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
H. R. 4366—354
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD appropriation
under the accounts ‘‘Executive Offices’’, ‘‘Administrative Support
Offices’’, ‘‘Program Offices’’, ‘‘Government National Mortgage
Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account’’, and ‘‘Office of Inspector General’’ within
the Department of Housing and Urban Development.
SEC. 216. The Secretary shall, for fiscal year 2024, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2024, the Secretary may make the NOFO available only on the Internet at the appropriate Government website
or through other electronic media, as determined by the Secretary.
SEC. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations.
SEC. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the headings ‘‘Administrative Support Offices’’
or ‘‘Program Offices’’ to any other such office under such headings:
Provided, That no appropriation for any such office under such
headings shall be increased or decreased by more than 10 percent
or $5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to such
Committees 3 business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
SEC. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined
by the Secretary, and comply with any standards under applicable
State or local laws, rules, ordinances, or regulations relating to
the physical condition of any property covered under a housing
assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a contract under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) or a
contract for similar project-based assistance—
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies, or those
deficiencies requiring correction within 24 hours, identified by
the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f), but
shall not apply to such units assisted under section 8(o)(13) of
such Act (42 U.S.C. 1437f(o)(13)) or to public housing units assisted
with capital or operating funds under section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment Center (‘‘REAC’’) inspection, the Secretary shall provide the
H. R. 4366—355
owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary
shall provide a copy of the Notice of Default to the tenants, the
local government, any mortgagees, and any contract administrator.
If the owner’s appeal results in a passing score, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may—
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies
have been corrected;
(D) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions
or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party
to stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for major threats to health and safety after written notice to the
affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration
of—
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’);
and
(2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may contract for projectbased rental assistance payments with an owner or owners
of other existing housing properties, or provide other rental
assistance.
H. R. 4366—356
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have failing physical inspection scores or
have received an unsatisfactory management and occupancy review
within the past 36 months. The report shall include—
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of Housing
and Urban Development is taking to protect tenants of such
identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be submitted
within 180 days of the transmittal of the first report.
SEC. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2024.
SEC. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary notifies
the House and Senate Committees on Appropriations not less than
3 full business days before any project, State, locality, housing
authority, Tribe, nonprofit organization, or other entity selected
to receive a grant award is announced by the Department or its
offices: Provided, That such notification shall list each grant award
by State and congressional district.
SEC. 222. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Association, or the Department of Housing and
Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
SEC. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
SEC. 224. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred
to the Office of Policy Development and Research of the Department
of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative
H. R. 4366—357
agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject to
reprogramming requirements in section 405 of this Act.
SEC. 225. None of the funds provided in this Act or any other
Act may be used for awards, including performance, special act,
or spot, for any employee of the Department of Housing and Urban
Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not
be effective prior to the effective date of any such administrative
discipline or after any final decision over-turning such discipline.
SEC. 226. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 through
2024 for the continuum of care (CoC) program as authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act, costs paid by program income of grant recipients may count
toward meeting the recipient’s matching requirements, provided
the costs are eligible CoC costs that supplement the recipient’s
CoC program.
SEC. 227. (a) From amounts made available under this title
under the heading ‘‘Homeless Assistance Grants’’, the Secretary
may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one continuum
of care program component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care
and meet standards determined by the Secretary.
SEC. 228. The promise zone designations and promise zone
designation agreements entered into pursuant to such designations,
made by the Secretary in prior fiscal years, shall remain in effect
in accordance with the terms and conditions of such agreements.
SEC. 229. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of Public
Law 114–113 (42 U.S.C. 1437f note; 129 Stat. 2897) may, upon
such designation, use funds (except for special purpose funding,
including special purpose vouchers) previously allocated to any such
public housing agency under section 8 or 9 of the United States
Housing Act of 1937, including any reserve funds held by the
public housing agency or funds held by the Department of Housing
and Urban Development, pursuant to the authority for use of section
8 or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations Act,
1996 (Public Law 104–134; 110 Stat. 1321–28), notwithstanding
the purposes for which such funds were appropriated.
SEC. 230. None of the amounts made available by this Act
may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for,
receiving, or using funds made available under the heading ‘‘Public
Housing Fund’’ for competitive grants to evaluate and reduce leadbased 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
H. R. 4366—358
agreement, or similar document for a violation of the lead safe
housing or lead disclosure rules.
SEC. 231. The language under the heading ‘‘Rental Assistance
Demonstration’’ in the Department of Housing and Urban Development Appropriations Act, 2012 (title II of division C of Public
Law 112–55), as most recently amended by Public Law 117–103,
is further amended—
(1) in the initial undesignated matter, by striking ‘‘and
‘Public Housing Operating Fund’ ’’ and inserting ‘‘, ‘Public
Housing Operating Fund’, and ‘Public Housing Fund’ ’’;
(2) in the second proviso, by striking ‘‘2024’’ and inserting
‘‘2029’’;
(3) after the fourth proviso, by inserting the following new
provisos: ‘‘Provided further, That at properties with assistance
under section 9 of the Act requesting to partially convert such
assistance, and where an event under section 18 of the Act
occurs that results in the eligibility for tenant protection
vouchers under section 8(o) of the Act, the Secretary may
convert the tenant protection voucher assistance to assistance
under a project-based subsidy contract under section 8 of the
Act, which shall be eligible for renewal under section 524
of the Multifamily Assisted Housing Reform and Affordability
Act of 1997, or assistance under section 8(o)(13) of the Act,
so long as the property meets any additional requirements
established by the Secretary to facilitate conversion: Provided
further, That to facilitate the conversion of assistance under
the previous proviso, the Secretary may transfer an amount
equal to the total amount that would have been allocated
for tenant protection voucher assistance for properties that
have requested such conversions from amounts made available
for tenant protection voucher assistance under the heading
‘Tenant-Based Rental Assistance’ to the heading ‘Project-Based
Rental Assistance’: Provided further, That at properties with
assistance previously converted hereunder to assistance under
the heading ‘Project-Based Rental Assistance,’ which are also
separately assisted under section 8(o)(13) of the Act, the Secretary may, with the consent of the public housing agency
and owner, terminate such project-based subsidy contracts and
immediately enter into one new project-based subsidy contract
under section 8 of the Act, which shall be eligible for renewal
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997, subject to the requirement that
any residents assisted under section 8(o)(13) of the Act at
the time of such termination of such project-based subsidy
contract shall retain all rights accrued under section 8(o)(13)(E)
of the Act under the new project-based subsidy contract and
section 8(o)(13)(F)(iv) of the Act shall not apply: Provided further, That to carry out the previous proviso, the Secretary
may transfer from the heading ‘Tenant-Based Rental Assistance’ to the heading ‘Project-Based Rental Assistance’ an
amount equal to the amounts associated with such terminating
contract under section 8(o)(13) of the Act:’’;
(4) in the fourteenth proviso, as reordered above, by—
(A) inserting ‘‘ ‘Public Housing Fund’, ‘Self-Sufficiency
Programs’, ‘Family Self-Sufficiency’ ’’ following ‘‘ ‘Public
Housing Operating Fund’,’’; and
H. R. 4366—359
(B) inserting ‘‘or the ongoing availability of services
for residents’’ after ‘‘effective conversion of assistance under
the demonstration’’;
(5) after the twenty-fourth proviso, as reordered above,
by inserting the following proviso: ‘‘Provided further, That
owners of properties with a senior preservation rental assistance contract under section 811 of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701q
note), shall be eligible, subject to requirements established by
the Secretary as necessary to facilitate the conversion of assistance while maintaining the affordability period and the designation of the property as serving elderly families, and tenant
consultation procedures, for conversion of assistance available
for such assistance contracts to assistance under a long-term
project-based subsidy contract under section 8 of the Act:’’;
(6) in the twenty-ninth proviso, as reordered above, by
inserting ‘‘, section 811 of the American Homeownership and
Economic Opportunity Act of 2000,’’ after ‘‘Housing Act of 1959’’;
and
(7) in the thirty-fourth proviso, as reordered above, by
striking ‘‘any section 202 project rental assistance contract or
section 811 project rental assistance contract conversions’’ and
inserting ‘‘the conversion of assistance from section 202(c)(2)
of the Housing Act of 1959, section 811 of the American Homeownership and Economic Opportunity Act of 2000, or section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act’’.
SEC. 232. For fiscal year 2024, if the Secretary determines
or has determined, for any prior formula grant allocation administered by the Secretary through the Offices of Public and Indian
Housing, Community Planning and Development, or Housing, that
a recipient received an allocation greater than the amount such
recipient should have received for a formula allocation cycle pursuant to applicable statutes and regulations, the Secretary may adjust
for any such funding error in the next applicable formula allocation
cycle by (a) offsetting each such recipient’s formula allocation (if
eligible for a formula allocation in the next applicable formula
allocation cycle) by the amount of any such funding error, and
(b) reallocating any available balances that are attributable to
the offset to the recipient or recipients that would have been allocated additional funds in the formula allocation cycle in which
any such error occurred (if such recipient or recipients are eligible
for a formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient’s eligibility
under the next applicable formula allocation cycle: Provided, That
all offsets and reallocations from such available balances shall
be recorded against funds available for the next applicable formula
allocation cycle: Provided further, That the term ‘‘next applicable
formula allocation cycle’’ means the first formula allocation cycle
for a program that is reasonably available for correction following
such a Secretarial determination: Provided further, That if, upon
request by a recipient and giving consideration to all Federal
resources available to the recipient for the same grant purposes,
the Secretary determines that the offset in the next applicable
formula allocation cycle would critically impair the recipient’s ability
to accomplish the purpose of the formula grant, the Secretary
H. R. 4366—360
may adjust for the funding error across two or more formula allocation cycles.
SEC. 233. The Secretary may transfer from amounts made
available for salaries and expenses under this title (excluding
amounts made available under the heading ‘‘Office of Inspector
General’’) to the heading ‘‘Information Technology Fund’’ for
information technology needs, including for additional development,
modernization, and enhancement, to remain available until September 30, 2026: Provided, That the total amount of such transfers
shall not exceed $5,000,000: Provided further, That this transfer
authority shall not be used to fund information technology projects
or activities that have known out-year development, modernization,
or enhancement costs in excess of $500,000: Provided further, That
the Secretary shall provide notification to the House and Senate
Committees on Appropriations no fewer than 3 business days in
advance of any such transfer.
SEC. 234. The Secretary shall comply with all process requirements, including public notice and comment, when seeking to revise
any annual contributions contract.
SEC. 235. There is hereby established in the Treasury of the
United States a fund to be known as the ‘‘Department of Housing
and Urban Development Nonrecurring Expenses Fund’’ (the Fund):
Provided, That unobligated balances of expired discretionary funds
appropriated for this or any succeeding fiscal year from the General
Fund of the Treasury to the Department of Housing and Urban
Development by this or any other Act may be transferred (not
later than the end of the fifth fiscal year after the last fiscal
year for which such funds are available for the purposes for which
they were appropriated) into the Fund: Provided further, That
amounts deposited in the Fund shall be available until expended,
in addition to such other funds as may be available for such purposes, for capital needs of the Department, including facilities infrastructure and information technology infrastructure, subject to
approval by the Office of Management and Budget: Provided further,
That amounts in the Fund may be obligated only after the House
and Senate Committees on Appropriations are notified at least
15 days in advance of the planned use of funds.
SEC. 236. (a) Of the unobligated balances from amounts made
available under the heading ‘‘Lead Hazard Reduction’’ in title II
of division L of the Consolidated Appropriations Act, 2022 (Public
Law 117–103), $65,000,000 is hereby permanently rescinded from
the amounts specified in paragraph (1) under such heading
(excluding amounts for areas with the highest lead-based paint
abatement needs).
(b) Of the unobligated balances from amounts made available
under the heading ‘‘Public Housing Fund’’ in title II of division
L of the Consolidated Appropriations Act, 2023 (Public Law 117–
328), $20,000,000 is hereby permanently rescinded from the
amounts specified in paragraph (7) under such heading.
(c) Any unobligated balances (including any unobligated balances of contract authority) included under Treasury Appropriation
Fund Symbols 86 X 0129, 86 X 0148, 86 X 0197, 86 X 0314,
86 X 0315, 86 X 0324, 86 X 0402, 86 X 4058 and 86 X 8093
are hereby permanently rescinded.
(d) Any unobligated balances from amounts made available
under the heading ‘‘Self-Help and Assisted Homeownership Opportunity Program’’ for the program authorized under section 1079
H. R. 4366—361
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–291) are
hereby permanently rescinded.
SEC. 237. None of the funds made available to the Department
of Housing and Urban Development in this or prior Acts may
be used to issue a solicitation or accept bids on any solicitation
that is substantially equivalent to the draft solicitation entitled
‘‘Housing Assistance Payments (HAP) Contract Support Services
(HAPSS)’’ posted to www.Sam.gov on July 27, 2022.
SEC. 238. None of the amounts made available in this Act
may be used to consider family self-sufficiency performance measures or performance scores in determining funding awards for programs receiving family self-sufficiency program coordinator funding
provided in this Act.
SEC. 239. (a) Funds previously made available in the Consolidated Appropriations Act, 2017 (Public Law 115–31) for the ‘‘Choice
Neighborhoods Initiative’’ that were available for obligation through
fiscal year 2019 are to remain available through fiscal year 2025
for the liquidation of valid obligations incurred in fiscal years 2017
through 2019.
(b) Funds previously made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) for the ‘‘Choice Neighborhoods Initiative’’ that were available for obligation through fiscal
year 2020 are to remain available through fiscal year 2026 for
the liquidation of valid obligations incurred in fiscal years 2018
through 2020.
(c) Funds previously made available in the Consolidated Appropriations Act, 2019 (Public Law 116–6) for the ‘‘Choice Neighborhoods Initiative’’ that were available for obligation through fiscal
year 2021 are to remain available through fiscal year 2027 for
the liquidation of valid obligations incurred in fiscal years 2019
through 2021.
(d) Funds previously made available in the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) for the ‘‘Choice
Neighborhoods Initiative’’ that were available for obligation through
fiscal year 2022 are to remain available through fiscal year 2028
for the liquidation of valid obligations incurred in fiscal years 2020
through 2022.
(e) Funds previously made available in the Consolidated Appropriations Act, 2021 (Public Law 116–260) for the ‘‘Choice Neighborhoods Initiative’’ that were available for obligation through fiscal
year 2023 are to remain available through fiscal year 2029 for
the liquidation of valid obligations incurred in fiscal years 2021
through 2023.
(f) Funds previously made available in the Consolidated Appropriations Act, 2018 (Public Law 115–141) for ‘‘Lead Hazard Reduction’’ that were available for obligation through fiscal year 2019
are to remain available through fiscal year 2026 for the liquidation
of valid obligations incurred in fiscal years 2018 through 2019.
SEC. 240. Of the amounts made available for the Office of
Policy Development and Research under the heading ‘‘Program
Offices’’, up to $3,500,000, to remain available until September
30, 2026, may be transferred to the heading ‘‘Information Technology Fund’’ to be available for the needs of the Chief Data Officer,
in addition to amounts otherwise available, including for additional
development, modernization, and enhancement: Provided, That the
H. R. 4366—362
Secretary shall notify the House and Senate Committees on Appropriations no fewer than 3 business days in advance of any such
transfer.
SEC. 241. Section 239 of division L of the Consolidated Appropriations Act, 2016 (Public Law 114–113) is amended by striking
‘‘2028’’ and inserting ‘‘2038’’.
SEC. 242. For fiscal years 2024 and 2025, the Secretary may
issue a 2-year notification of funding opportunity, including any
alternative procedures or requirements as may be necessary to
allocate future appropriations in the second year, for the award
of amounts made available for the continuum of care program
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.), notwithstanding any conflict
with the requirements of the continuum of care program.
SEC. 243. The Secretary may, upon a finding that a waiver
or alternative requirement is necessary for the effective delivery
and administration of funds made available for new incremental
voucher assistance or renewals for the mainstream program and
the family unification program (including the foster youth to
independence program) in this and prior Acts, waive or specify
alternative requirements, other than requirements related to tenant
rights and protections, rent setting, fair housing, nondiscrimination,
labor standards, and the environment, for—
(1) section 8(o)(6)(A) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local preferences,
and the initial term and extensions of tenant-based vouchers;
and
(2) section 8(x)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral
of youth leaving foster care.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2024’’.
H. R. 4366—363
TITLE III
RELATED AGENCIES
ACCESS BOARD
SALARIES AND EXPENSES
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,955,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds received
for publications and training expenses.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 46107 of title 46, United States Code,
including services as authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles as authorized by
section 1343(b) of title 31, United States Code; and uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code, $40,000,000, of which $2,000,000 shall
remain available until September 30, 2025: Provided, That not
to exceed $3,500 shall be for official reception and representation
expenses.
NATIONAL RAILROAD PASSENGER CORPORATION
OFFICE
OF INSPECTOR
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 (5 U.S.C. App. 3),
$29,240,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in such
Act, to investigate allegations of fraud, including false statements
to the Government under section 1001 of title 18, United States
Code, by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the National Railroad Passenger Corporation: Provided further, That concurrent with
the President’s budget request for fiscal year 2025, the Inspector
General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2025 in similar
H. R. 4366—364
format and substance to budget requests submitted by executive
agencies of the Federal Government.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for a GS–15; uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code, $140,000,000, of which not to exceed $1,000 may
be used for official reception and representation expenses.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $158,000,000.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United
States Code, $47,452,000: Provided, That, notwithstanding any
other provision of law, not to exceed $1,250,000 from fees established by the Surface Transportation Board shall be credited to
this appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further, That
the amounts made available under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2024, to result in a
final appropriation from the general fund estimated at not more
than $46,202,000.
UNITED STATES INTERAGENCY COUNCIL
ON
HOMELESSNESS
OPERATING EXPENSES
For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $4,300,000.
H. R. 4366—365
TITLE IV
GENERAL PROVISIONS—THIS ACT
SEC. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
SEC. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
H. R. 4366—366
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), whichever is
more detailed, unless prior approval is received from the House
and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of enactment
of this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the Senate and of the
House of Representatives to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include—
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in this Act,
the table accompanying the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act), accompanying reports of the
House and Senate Committees on Appropriations, or in
the budget appendix for the respective appropriations,
whichever is more detailed, and shall apply to all items
for which a dollar amount is specified and to all programs
for which new budget (obligational) authority is provided,
as well as to discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special congressional
interest.
SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2024 from appropriations made available
for salaries and expenses for fiscal year 2024 in this Act, shall
remain available through September 30, 2025, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
H. R. 4366—367
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known
as the ‘‘Buy American Act’’).
SEC. 410. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301–8305).
SEC. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
SEC. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
SEC. 414. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
H. R. 4366—368
1978 (5 U.S.C. App.), or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the Inspector
General’s right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents,
and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply
with this requirement.
SEC. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees
for contractors whose performance has been judged to be below
satisfactory, behind schedule, over budget, or has failed to meet
the basic requirements of a contract, unless the Agency determines
that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall
scope of the project and/or program unless such awards or incentive
fees are consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
SEC. 417. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
SEC. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign
air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway
Air Transport Agreement and United States law.
SEC. 419. (a) In the table of projects in the explanatory statement referenced in section 417 of the Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2022 (division L of Public Law 117–103)—
(1) the item relating to ‘‘Midland Center for the Arts only
for structural improvements’’ is deemed to be amended by
H. R. 4366—369
striking recipient ‘‘City of Midland’’ and inserting ‘‘Midland
Center for the Arts’’;
(2) the item relating to ‘‘Barren County Fiscal Court—
Chapatcha Industrial Park Development’’ is deemed to be
amended by striking project ‘‘Barren County Fiscal Court—
Chapatcha Industrial Park Development’’ and inserting ‘‘Barren
County Fiscal Court—Chapatcha Industrial Park or South
Cooper Industrial Park Development’’;
(3) the item relating to ‘‘Pasco County Board of County
Commissioners—Rural Northwest Pasco Community Park Site
Acquisition’’ is deemed to be amended by striking ‘‘Northwest’’
and inserting ‘‘Northeast’’;
(4) the item relating to ‘‘Wood County Development
Authority—Site Readiness & Redevelopment Downtown
Parkersburg’’ is deemed to be amended by striking ‘‘Wood
County Development Authority—Site Readiness & Redevelopment Downtown Parkersburg’’ and inserting ‘‘Redevelopment
of Downtown Parkersburg’’;
(5) the item relating to ‘‘Rosemary’s Way Penacook Affordable Housing’’ is deemed to be amended by striking recipient
‘‘CATCH Neighborhood Housing’’ and inserting ‘‘Concord Area
Trust for Community Housing’’;
(6) the item relating to ‘‘Lead Safe Home Fund’’ is deemed
to be amended by striking recipient ‘‘Lead Safe Cleveland Coalition’’ and inserting ‘‘Mt. Sinai Health Care Foundation’’;
(7) the item relating to ‘‘Boys & Girls Club in Miami
Gardens’’ is deemed to be amended by striking ‘‘Club in Miami
Gardens’’ and inserting ‘‘Clubs within the Miami-Dade area’’;
(8) the item relating to ‘‘Acquisition of new commercial
space’’ is deemed to be amended by striking ‘‘Acquisition of
new commercial space’’ and inserting ‘‘Renovation of community
center’’;
(9) the item relating to ‘‘North Commons Regional Vision’’
is deemed to be amended by striking recipient ‘‘Minneapolis
Park and Recreation Board’’ and inserting ‘‘City of Minneapolis’’;
(10) the item relating to ‘‘Electric school bus and associated
electric vehicle (EV) charging infrastructure’’ is deemed to be
amended by striking recipient ‘‘Falls Church City Public
Schools’’ and inserting ‘‘City of Falls Church’’;
(11) the item relating to ‘‘A PLACE 4 ALICE facility
improvement’’ is deemed to be amended by striking ‘‘A PLACE
4 ALICE facility improvement’’ and inserting ‘‘Affordable
Housing and Community Facilities’’; and
(b) In the table of projects entitled ‘‘Community Project
Funding/Congressionally Directed Spending’’ in the explanatory
statement for division L of the Consolidated Appropriations Act,
2023 (Public Law 117–328) described in section 4 in the matter
preceding division A of such Act—
(1) the item relating to ‘‘River Road Homes Affordable
Housing Infrastructure’’ is deemed to be amended by striking
recipient ‘‘Town of Canaan’’ and inserting ‘‘Falls Village
Housing Trust Inc.’’;
(2) the item relating to ‘‘The Star Community Family Life
Center’’ is deemed to be amended by striking recipient ‘‘The
Star Community Family Life Center’’ and inserting ‘‘MSBC
Five Star Program, Inc.’’;
H. R. 4366—370
(3) the item relating to ‘‘Early Learning Childcare Center
Construction’’ (recipient ‘‘The Caring Place’’) is deemed to be
amended by striking ‘‘Early Learning Childcare Center
Construction’’ and inserting ‘‘CARE Center construction’’;
(4) the item relating to ‘‘Upper Bucks Rail Trail’’ is deemed
to be amended by striking recipient ‘‘Appalachian Mountain
Club’’ and inserting ‘‘The County of Bucks’’;
(5) the item relating to ‘‘YMCA & Albion College Initiative
of the Washington Gardner Center Building Renovation and
Expansion’’ is deemed to be amended by striking ‘‘YMCA &
Albion College Initiative of the Washington Gardner Center
Building Renovation and Expansion’’ and inserting ‘‘Site
improvements’’;
(6) the item relating to ‘‘Wood County Industrial Site Readiness and Redevelopment’’ is deemed to be amended by striking
‘‘Wood County Industrial Site Readiness & Redevelopment’’
and inserting ‘‘Redevelopment of Downtown Parkersburg’’;
(7) the item relating to ‘‘B–360 Educational Campus’’ is
deemed to be amended by striking ‘‘I Am Mentality, Inc.’’ and
inserting ‘‘B–360 Baltimore, Inc.’’;
(8) the item relating to ‘‘Riverbrook Regional YMCA’’ is
deemed to be amended by striking recipient ‘‘Riverbrook
Regional Young Men’s Christian Association, Inc.’’ and inserting
‘‘City of Norwalk’’;
(9) the item relating to ‘‘Miami Veterans Housing Project’’
is deemed to be amended by striking recipient ‘‘United Way
Miami’’ and inserting ‘‘CRC Leadership, Inc.’’;
(10) the item relating to ‘‘Supportive Living, Community
Day Services, and Housing Site Project for Adults with Intellectual and Developmental Disabilities’’ is deemed to be amended
by striking ‘‘, Community Day Services, and Housing’’;
(11) the item relating to ‘‘Public Library Addition’’ is
deemed to be amended by striking ‘‘Addition’’ and inserting
‘‘Renovation’’;
(12) the item relating to ‘‘Renovation of Snelling Motel
to Affordable Housing for Veterans’’ is deemed to be amended
by striking ‘‘Snelling Motel to’’ and inserting ‘‘Hotel for’’;
(13) the item relating to ‘‘Indigenous Farm Hub’’ is deemed
to be amended by striking recipient ‘‘Tides Center’’ and
inserting ‘‘Native American Community Academy Inspired
Schools Network (NISN)’’;
(14) the item relating to ‘‘El Centro de la Raza—Pattison’s
West Community Campus Property Acquisition’’ is deemed to
be amended by striking ‘‘El Centro de la Raza—Pattison’s West
Community Campus Property Acquisition’’ and inserting ‘‘Pattison’s West Community Campus’’;
(15) the item relating to ‘‘Road Raising & Flood Resiliency
for Amity Harbor and American Venice Project’’ is deemed
to be amended by striking ‘‘Road Raising & Flood Resiliency
for Amity Harbor and American Venice Project’’ and inserting
‘‘Town of Babylon Federal Aid Roadway Improvement Project’’;
(16) the item relating to ‘‘Dayton International Airport
(DAY)—Northeast Logistics Access Project’’ is amended by
striking ‘‘Dayton International Airport (DAY)—Northeast Logistics Access Project’’ and inserting ‘‘Infrastructure capital
improvements, including street, wastewater and sewer line
improvements’’;
H. R. 4366—371
(17) the item relating to ‘‘Help Me Grow Skagit Family
Resource Center Expansion’’ is deemed to be amended by
striking recipient ‘‘Children’s Council of Skagit County’’ and
inserting ‘‘Children’s Museum of Skagit County’’; and
(18) the item relating to ‘‘Permanent Supportive Housing
Properties Acquisition’’ is deemed to be amended by striking
‘‘Permanent Supportive Housing Properties Acquisition’’ and
inserting ‘‘Permanent Supportive Housing Acquisition, Development and Rehabilitation’’.
SEC. 420. None of the funds made available by this Act may
be used by the Secretary of Housing and Urban Development in
contravention of section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155).
SEC. 421. None of the funds made available by this Act to
the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
SEC. 422. None of the funds made available by this or any
other Act may be used to require the use of inward facing cameras
or require a motor carrier to register an apprenticeship program
with the Department of Labor as a condition for participation
in the safe driver apprenticeship pilot program.
SEC. 423. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development
to direct a grantee to undertake specific changes to existing zoning
laws as part of carrying out the final rule entitled ‘‘Affirmatively
Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015))
or the notice entitled ‘‘Affirmatively Furthering Fair Housing
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)).
SEC. 424. None of the funds made available by this Act may
be used in contravention of existing Federal law regarding noncitizen eligibility and ineligibility for occupancy in federally assisted
housing or for participation in and assistance under Federal housing
programs, including section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) and title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1601 et seq.).
SEC. 425. Section 127 of title 23, United States Code, is
amended by inserting at the end the following:
‘‘(x) CERTAIN AGRICULTURAL VEHICLES IN THE STATE OF
MISSISSIPPI.—
‘‘(1) IN GENERAL.—The State of Mississippi may allow, by
special permit, the operation of a covered agricultural vehicle
on the Interstate System in the State of Mississippi if such
vehicle does not exceed—
‘‘(A) a gross vehicle weight of 88,000 pounds; and
‘‘(B) 110 percent of the maximum weight on any axle
or axle group described in subsection (a)(2), including any
enforcement tolerance.
‘‘(2) COVERED AGRICULTURAL VEHICLE DEFINED.—In this
subsection, the term ‘covered agricultural vehicle’ means a
vehicle that is transporting unprocessed agricultural crops used
for food, feed or fiber, or raw or unfinished forest products,
including logs, pulpwood, biomass or wood chips.
‘‘(y) OPERATION OF CERTAIN VEHICLES IN WEST VIRGINIA.—
‘‘(1) IN GENERAL.—The State of West Virginia may
allow, by special permit, the operation of a vehicle that
is transporting materials and equipment on the Interstate
H. R. 4366—372
System in the State of West Virginia if such vehicle does
not exceed 110 percent of the maximum weight on any
axle or axle group described in subsection (a)(2), including
any enforcement tolerance, provided the remaining gross
vehicle weight requirements of subsection (a) are met.
‘‘(2) DEFINITION.—In this subsection, the term ‘materials and equipment’ means materials and equipment that
are used on a project eligible under this chapter.’’.
SEC. 426. None of the funds appropriated or made available
by this division for the Department of Transportation for fiscal
year 2024 may be used to enforce a mask mandate in response
to the COVID–19 virus.
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2024’’.
H. R. 4366—373
DIVISION G—OTHER MATTERS
TITLE I—HEALTH AND HUMAN
SERVICES
Subtitle A—Public Health Extenders
SEC. 101. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL
HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) EXTENSION FOR COMMUNITY HEALTH CENTERS.—Section
10503(b)(1)(F) of the Patient Protection and Affordable Care Act
(42 U.S.C. 254b–2(b)(1)(F)) is amended by striking ‘‘and
$536,986,301 for the period beginning on January 20, 2024, and
ending on March 8, 2024’’ and inserting ‘‘$536,986,301 for the
period beginning on January 20, 2024, and ending on March 8,
2024, and $3,592,328,767 for the period beginning on October 1,
2023, and ending on December 31, 2024’’.
(b) EXTENSION FOR THE NATIONAL HEALTH SERVICE CORPS.—
Section 10503(b)(2)(I) of the Patient Protection and Affordable Care
Act (42 U.S.C. 254b–2(b)(2)(I)) is amended by striking ‘‘and
$41,616,438 for the period beginning on January 20, 2024, and
ending on March 8, 2024’’ and inserting ‘‘$41,616,438 for the period
beginning on January 20, 2024, and ending on March 8, 2024,
and $297,013,699 for the period beginning on October 1, 2023,
and ending on December 31, 2024’’.
(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.—
(1) IN GENERAL.—Section 340H(g)(1) of the Public Health
Service Act (42 U.S.C. 256h(g)(1)) is amended by striking ‘‘and
$16,982,192 for the period beginning on January 20, 2024,
and ending on March 8, 2024’’ and inserting ‘‘$16,982,192 for
the period beginning on January 20, 2024, and ending on
March 8, 2024, and $164,136,986 for the period beginning on
October 1, 2023, and ending on December 31, 2024’’.
(2) ADDITION TO CAPPED AMOUNTS.—Section 340H(b)(2) of
the Public Health Service Act (42 U.S.C. 256h(b)(2)) is amended
by adding at the end the following:
‘‘(C) ADDITION.—Notwithstanding any provision of this
section, for the period beginning on October 1, 2023, and
ending on December 31, 2024, the Secretary may use any
amounts made available in any fiscal year to carry out
this section (including amounts recouped under subsection
(f)) to make payments described in paragraphs (1)(A) and
(1)(B), in addition to the total amount of funds appropriated
under subsection (g).’’.
(3) REPORT TO CONGRESS.—For the period beginning on
October 1, 2023, and ending on December 31, 2024, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report specifying—
(A) the total amount of funds recouped under subsection (f) of section 340H of the Public Health Service
Act (42 U.S.C. 256h);
H. R. 4366—374
(B) the rationale for the funds being recouped; and
(C) the total amount of funds recouped under subsection (f) of such section 340H that were used pursuant
to subsection (b)(2)(C) of such section 340H to adjust total
payment amounts above the total amounts appropriated
under subsection (g) of such section 340H, as amended
by paragraph (3).
(d) APPLICATION OF PROVISIONS.—Amounts appropriated pursuant to the amendments made by this section shall be subject to
the requirements contained in Public Law 117–328 for funds for
programs authorized under sections 330 through 340 of the Public
Health Service Act (42 U.S.C. 254b et seq.).
(e) CONFORMING AMENDMENT.—Section 3014(h)(4) of title 18,
United States Code, is amended by striking ‘‘and section 101(d)
of the Further Additional Continuing Appropriations and Other
Extensions Act, 2024’’ and inserting ‘‘section 101(d) of the Further
Additional Continuing Appropriations and Other Extensions Act,
2024, and section 101(d) of the Consolidated Appropriations Act,
2024’’.
SEC. 102. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) EXTENSION OF SPECIAL DIABETES PROGRAMS FOR TYPE I
DIABETES.—Section 330B(b)(2)(E) of the Public Health Service Act
(42 U.S.C. 254c–2(b)(2)(E)) is amended by striking ‘‘and $20,136,986
for the period beginning on January 20, 2024, and ending on March
8, 2024’’ and inserting ‘‘$20,136,986 for the period beginning on
January 20, 2024, and ending on March 8, 2024, and $130,000,000
for the period beginning on March 9, 2024, and ending on December
31, 2024’’.
(b) EXTENDING FUNDING FOR SPECIAL DIABETES PROGRAMS FOR
INDIANS.—Section 330C(c)(2)(E) of the Public Health Service Act
(42 U.S.C. 254c–3(c)(2)(E)) is amended by striking ‘‘and $20,136,986
for the period beginning on January 20, 2024, and ending on March
8, 2024’’ and inserting ‘‘$20,136,986 for the period beginning on
January 20, 2024, and ending on March 8, 2024, and $130,000,000
for the period beginning on March 9, 2024, and ending on December
31, 2024’’.
SEC. 103. NATIONAL HEALTH SECURITY EXTENSIONS.
(a) Section 319(e)(8) of the Public Health Service Act (42 U.S.C.
247d(e)(8)) is amended by striking ‘‘March 8, 2024’’ and inserting
‘‘December 31, 2024’’.
(b) Section 319L(e)(1)(D) of the Public Health Service Act (42
U.S.C. 247d–7e(e)(1)(D)) is amended by striking ‘‘March 8, 2024’’
and inserting ‘‘December 31, 2024’’.
(c) Section 319L–1(b) of the Public Health Service Act (42
U.S.C. 247d–7f(b)) is amended by striking ‘‘March 8, 2024’’ and
inserting ‘‘December 31, 2024’’.
(d)(1) Section 2811A(g) of the Public Health Service Act (42
U.S.C. 300hh–10b(g)) is amended by striking ‘‘March 8, 2024’’ and
inserting ‘‘December 31, 2024’’.
(2) Section 2811B(g)(1) of the Public Health Service Act (42
U.S.C. 300hh–10c(g)(1)) is amended by striking ‘‘March 8, 2024’’
and inserting ‘‘December 31, 2024’’.
(3) Section 2811C(g)(1) of the Public Health Service Act (42
U.S.C. 300hh–10d(g)(1)) is amended by striking ‘‘March 8, 2024’’
and inserting ‘‘December 31, 2024’’.
H. R. 4366—375
(e) Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh–11(c)(4)(B)) is amended by striking ‘‘March 8, 2024’’
and inserting ‘‘December 31, 2024’’.
Subtitle B—Medicaid
SEC. 201. REQUIREMENT FOR STATE MEDICAID PLANS TO PROVIDE
COVERAGE FOR MEDICATION-ASSISTED TREATMENT.
(a) IN GENERAL.—Section 1905 of the Social Security Act (42
U.S.C. 1396d) is amended—
(1) in subsection (a)(29), by striking ‘‘for the period beginning October 1, 2020, and ending September 30, 2025,’’ and
inserting ‘‘beginning on October 1, 2020,’’; and
(2) in subsection (ee)(2), by striking ‘‘for the period specified
in such paragraph, if before the beginning of such period the
State certifies to the satisfaction of the Secretary’’ and inserting
‘‘if such State certifies, not less than every 5 years and to
the satisfaction of the Secretary,’’.
(b) CONFORMING AMENDMENT.—Section 1006(b)(4)(A) of the
Substance Use-Disorder Prevention that Promotes Opioid Recovery
and Treatment for Patients and Communities Act (42 U.S.C. 1396a
note) is amended by striking ‘‘, and before October 1, 2025’’.
SEC. 202. COLLECTION AND REPORTING OF COMPREHENSIVE DATA
FOR SPECIFIED POPULATIONS ENROLLED IN MEDICAID
AND CHIP.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 1948. COLLECTION AND REPORTING OF COMPREHENSIVE DATA
FOR SPECIFIED POPULATIONS.
‘‘(a) RECURRING ANALYSIS AND PUBLICATION OF HEALTH CARE
DATA RELATED TO TREATMENT FOR SUBSTANCE USE DISORDER OR
A MENTAL HEALTH CONDITION.—
‘‘(1) IN GENERAL.—The Secretary, on an annual basis, shall
link, analyze, and publish on a publicly available website data
reported by States through the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system)
relating to substance use disorder and mental health services
provided to individuals enrolled under a State plan under this
title or a State child health plan under title XXI (or under
a waiver of such plans) who have been diagnosed with a substance use disorder or mental health condition, including an
analysis that is disaggregated by age. Such enrollee information
shall be de-identified of any personally identifying information,
shall adhere to privacy standards established by the Department of Health and Human Services, and shall be aggregated
to protect the privacy of enrollees, as necessary.
‘‘(2) REQUIREMENTS.—The analysis required under paragraph (1) shall include, at a minimum, the following data
for each State (including, to the extent available, for the District
of Columbia, Puerto Rico, the United States Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa):
‘‘(A) The number and percentage of individuals enrolled
under the State plan under this title or the State child
health plan under title XXI (or under a waiver of such
plans) in each of the major enrollment categories (as
H. R. 4366—376
defined in a public letter from the Medicaid and CHIP
Payment and Access Commission to the Secretary) who
have been diagnosed with—
‘‘(i) a substance use disorder;
‘‘(ii) a mental health condition; or
‘‘(iii) a co-occurring substance use disorder and
mental health condition.
‘‘(B) With respect to individuals enrolled under the
State plan under this title or the State child health plan
under title XXI (or under a waiver of such plans) who
have received a diagnosis described in subparagraph (A),
a list of the substance use disorder and mental health
treatment services, including, to the extent such data are
available, specific adult and pediatric services by each
major type of service, such as counseling, intensive homebased 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.
H. R. 4366—377
‘‘(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 communitybased or home-based setting after receiving mental health
or substance use disorder services in an inpatient or residential setting, and the number of mental health or substance use disorder services received by such individuals
in the outpatient or community-based or home-based setting.
‘‘(G) The number and percentage of inpatient admissions in which services for a mental health condition or
substance use disorder were provided to an individual
enrolled under the State plan under this title or the State
child health plan under title XXI (or under a waiver of
such plans) that occurred within 30 days after discharge
from a hospital or residential facility in which services
for a mental health condition or substance use disorder
previously were provided to such individual, disaggregated
by each diagnosis described in subparagraph (A) and type
of facility, to the extent such information is available.
‘‘(H) The number of emergency department visits by
an individual enrolled under the State plan under this
title or the State child health plan under title XXI (or
under a waiver of such plans) who has a diagnosis described
in subparagraph (A) within 7 days of such individual being
discharged from an inpatient stay at a hospital during
which services for a mental health condition or substance
use disorder were provided, or from a mental health facility,
an independent psychiatric wing of an acute care hospital,
an intermediate care facility for individuals with intellectual disabilities, or a residential treatment facility,
disaggregated by each diagnosis described in subparagraph
(A) and type of facility, to the extent such information
is available.
‘‘(I) The number and percentage of individuals who
are enrolled under the State plan under this title or the
State child health plan under title XXI (or under a waiver
of such plans) and received an assessment for a mental
health condition.
‘‘(J) The number and percentage of individuals who
are enrolled under the State plan under this title or the
State child health plan under title XXI (or under a waiver
of such plans) and received an assessment for a substance
use disorder.
‘‘(K) The number of mental health services provided
to individuals enrolled under the State plan under this
title or the State child health plan under title XXI (or
under a waiver of such plans) who received an assessment
described in subparagraph (I) in the 30 days post-assessment.
‘‘(L) The number of substance use disorder treatment
services provided to individuals enrolled under the State
plan under this title or the State child health plan under
title XXI (or under a waiver of such plans) who received
H. R. 4366—378
an assessment described in subparagraph (J) in the 30
days post-assessment.
‘‘(M) Prescription National Drug Code codes, fill dates,
and number of days supply of any covered outpatient drug
(as defined in section 1927(k)(2)) that was dispensed to
an individual enrolled under the State plan under this
title or the State child health plan under title XXI (or
under a waiver of such plans) with an episode described
in subparagraph (G) or (H) during any period that occurs
after the individual’s discharge date defined in subparagraph (G) or (H) (as applicable), and before the admission
date applicable under subparagraph (G) or the date of
the emergency department visit applicable under subparagraph (H) that were—
‘‘(i) to treat a mental health condition; or
‘‘(ii) to treat a substance use disorder.
‘‘(b) PUBLICATION.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary shall make publicly
available the first analysis required by subsection (a).
‘‘(2) ANNUAL UPDATES.—The Secretary shall issue an
updated version of the analysis required under subsection (a)
not later than January 1 of each calendar year.
‘‘(3) USE OF T–MSIS DATA.—The analysis required under
subsection (a) and updates required under paragraph (4) shall—
‘‘(A) use data and definitions from the T–MSIS data
set that is no more than 12 months old on the date that
the analysis or update is published; and
‘‘(B) as appropriate, include a description with respect
to each State of the quality and completeness of the data
and caveats describing the limitations of the data reported
to the Secretary by the State that is sufficient to communicate the appropriate uses for the information.
‘‘(4) REVISED PUBLICATION.—Beginning not later than 3
years after the date of enactment of this section, the Secretary
annually shall publish a revised publication of the analysis
required by subsection (a) that allows for a research-ready
and publicly accessible interface of the publication and is developed after consultation with stakeholders on the usability of
the data contained in the publication.
‘‘(5) MAKING T-MSIS DATA ON SUBSTANCE USE DISORDERS
AND MENTAL HEALTH CONDITIONS AVAILABLE TO RESEARCHERS.—
‘‘(A) REQUIREMENT TO PUBLISH SYSTEM OF RECORDS
NOTICE.—
‘‘(i) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall publish in the Federal Register a
system of records notice for the data specified in clause
(ii) for the Transformed Medicaid Statistical Information System, in accordance with section 552a(e)(4) of
title 5, United States Code. The notice shall outline
policies that protect the security and privacy of the
data that, at a minimum, meet the security and privacy
policies of SORN 09-70-0541 for the Medicaid Statistical Information System.
‘‘(ii) REQUIRED DATA.—The data covered by the
systems of records notice required under clause (i)
shall be sufficient for researchers and States to analyze
H. R. 4366—379
the prevalence of conditions described in subsection
(a)(2)(A) in the Medicaid and Children’s Health Insurance Program beneficiary population and the treatment
of such conditions under Medicaid across all States
(including the District of Columbia, Puerto Rico, the
United States Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa), forms of treatment, and treatment settings.
‘‘(iii) INITIATION OF DATA-SHARING ACTIVITIES.—Not
later than January 1, 2025, the Secretary shall initiate
the data-sharing activities outlined in the notice
required under clause (i).
‘‘(B) SATISFACTION OF REQUIREMENT THROUGH EXISTING
SYSTEM OF RECORDS NOTICE.—The Secretary shall not be
required to publish a new system of records notice as
required under subparagraph (A) if, not later than January
1, 2025, the Secretary determines that the system of
records notice published by the Secretary in the Federal
Register on February 6, 2019 (84 Fed. Reg. 2230), satisfies
the requirements described in subparagraph (A).’’.
SEC. 203. MONITORING PRESCRIBING OF ANTIPSYCHOTIC MEDICATIONS.
(a) IN GENERAL.—Section 1902(oo)(1)(B) of the Social Security
Act (42 U.S.C. 1396a(oo)(1)(B)) is amended—
(1) in the subparagraph heading, by striking ‘‘BY CHILDREN’’;
(2) by striking ‘‘children enrolled’’ and inserting ‘‘children
generally, children in foster care specifically, individuals over
the age of 18 receiving home and community-based services
(as defined in section 9817(a)(2)(B) of Public Law 117–2), and
individuals over the age of 18 residing in institutional care
settings (including nursing facilities, intermediate care facilities
for individuals with intellectual disabilities, institutions for
mental diseases, inpatient psychiatric hospitals, and other such
institutional care settings) enrolled’’; and
(3) by striking ‘‘not more than the age of 18 years’’ through
the period at the end and inserting ‘‘subject to the program,
including information with respect to each such category of
children and individuals over the age of 18.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date that is 24 months after the date
of enactment of this Act.
SEC. 204. EXTENSION OF STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR CERTAIN INDIVIDUALS IN INSTITUTIONS FOR
MENTAL DISEASES.
(a) MAKING PERMANENT STATE PLAN AMENDMENT OPTION TO
PROVIDE MEDICAL ASSISTANCE FOR CERTAIN INDIVIDUALS WHO ARE
PATIENTS IN CERTAIN INSTITUTIONS FOR MENTAL DISEASES.—Section
1915(l)(1) of the Social Security Act (42 U.S.C. 1396n(l)(1)) is
amended by striking ‘‘With respect to calendar quarters beginning
during the period beginning October 1, 2019, and ending September
30, 2023,’’ and inserting ‘‘With respect to calendar quarters beginning on or after October 1, 2019,’’.
(b) MAINTENANCE OF EFFORT REVISION.—Section 1915(l)(3) of
the Social Security Act (42 U.S.C. 1396n(l)(3)) is amended—
(1) in subparagraph (A)—
H. R. 4366—380
(A) by striking ‘‘other than under this title from nonFederal funds’’ and all that follows through ‘‘subparagraph
(B))’’ and inserting ‘‘from non-Federal funds for items and
services (including services described in subparagraph
(B))’’; and
(B) by striking ‘‘such items and services’’ and all that
follows through the period and inserting ‘‘such items and
services for, at the option of the State—
‘‘(i) fiscal year 2018; or
‘‘(ii) the most recently ended fiscal year as of the
date the State submits a State plan amendment to
the Secretary to provide such medical assistance in
accordance with this subsection.’’;
(2) in subparagraph (B), by striking ‘‘subparagraph (A)(ii)’’
and inserting ‘‘subparagraph (A)’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) APPLICATION OF MAINTENANCE OF EFFORT
REQUIREMENTS TO CERTAIN STATES.—In the case of a State
with a State plan amendment in effect on September 30,
2023, for the 1-year period beginning on the date of enactment of this subparagraph, the provisions of subparagraph
(A) shall be applied as if the amendments to such subparagraph made by the Consolidated Appropriations Act, 2024
had never been made.’’.
(c) ADDITIONAL REQUIREMENTS.—
(1) IN GENERAL.—
(A) GENERAL REQUIREMENTS.—Section 1915(l)(4) of the
Social Security Act (42 U.S.C. 1396n(l)(4)) is amended—
(i) in subparagraph (A), by striking ‘‘through (D)’’
and inserting ‘‘through (F)’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘Prior to approval of a State
plan amendment under this subsection, the State
shall notify the Secretary of how the State will
ensure’’ and inserting ‘‘The State shall have in
place evidence-based, substance use disorder-specific individual placement criteria and utilization
management approaches to ensure placement of
eligible individuals in an appropriate level of care,
including criteria and approaches to ensure’’; and
(II) by adding at the end the following sentence: ‘‘The State shall notify the Secretary at
such time and in such form and manner as the
Secretary shall require of such criteria and utilization management approaches.’’; and
(iii) by adding at the end the following new
subparagraph:
‘‘(E) REVIEW PROCESS.—The State shall, using nationally recognized substance use disorder-specific program
standards, have in place a process to review the compliance
of eligible institutions for mental diseases with such program standards specified by the State.’’.
(B) EFFECTIVE DATE.—The amendments made by
subparagraph (A) shall apply with respect to States providing medical assistance for items and services pursuant
to a State plan amendment under section 1915(l) of the
H. R. 4366—381
Social Security Act (42 U.S.C. 1396n(l)) in calendar quarters beginning on or after October 1, 2025.
(2) ONE-TIME ASSESSMENT.—Section 1915(l)(4) of the Social
Security Act (42 U.S.C. 1396n(l)(4)), as amended by paragraph
(1), is further amended by adding at the end the following
new subparagraph:
‘‘(F) ASSESSMENT.—
‘‘(i) IN GENERAL.—The State shall, not later than
12 months after the approval of a State plan amendment described in this subsection (or, in the case of
a State that has such an amendment approved as
of September 30, 2023, not later than 12 months after
the date of enactment of this subparagraph), commence
an assessment of—
‘‘(I) the availability of treatment for individuals enrolled under a State plan under this title
(or waiver of such plan) in each level of care
described in subparagraph (C), including how such
availability varies by region of the State; and
‘‘(II) the availability of medication-assisted
treatment and medically supervised withdrawal
management services for such individuals,
including how such availability varies by region
of the State.
‘‘(ii) REQUIRED COMPLETION.—The State shall complete an assessment described in clause (i) not later
than 12 months after the date the State commences
such assessment.’’.
(3) CLARIFICATION OF LEVELS OF CARE.—Section 1915(l)
of the Social Security Act (42 U.S.C. 1396n(l)) is amended—
(A) in paragraph (4)(C)(ii), by striking ‘‘problems in
Dimensions 1, 2, or 3’’ each place it appears and inserting
‘‘conditions’’; and
(B) in paragraph (7), by striking subparagraph (A)
and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively.
(d) APPLICATION TO CERTAIN STATES.—Notwithstanding section
430.20 of title 42, Code of Federal Regulations, the Secretary of
Health and Human Services may approve a request to renew a
State plan amendment under section 1915(l) of the Social Security
Act (42 U.S.C. 1396n(l)) with an effective date of October 1, 2023,
if the State making such request—
(1) had approval for a State plan amendment under such
section as of September 30, 2023; and
(2) submits the request to renew such amendment not
later than 60 days after the date of enactment of this Act.
SEC. 205. PROHIBITION ON TERMINATION OF ENROLLMENT DUE TO
INCARCERATION.
(a) MEDICAID.—
(1) IN GENERAL.—Section 1902(a)(84)(A) of the Social Security Act (42 U.S.C. 1396a(a)(84)(A)), as amended by section
5122(a)(2) of the Consolidated Appropriations Act, 2023 (Public
Law 117–328), is further amended—
(A) by striking ‘‘under the State plan’’ and inserting
‘‘under the State plan (or waiver of such plan)’’;
H. R. 4366—382
(B) by striking ‘‘who is an eligible juvenile (as defined
in subsection (nn)(2))’’;
(C) by striking ‘‘because the juvenile’’ and inserting
‘‘because the individual’’;
(D) by striking ‘‘during the period the juvenile’’ and
inserting ‘‘during the period the individual’’;
(E) by inserting ‘‘such an individual who is an eligible
juvenile (as defined in subsection (nn)(2)) and’’ after ‘‘or
in the case of’’; and
(F) by striking ‘‘paragraph (31)’’ and inserting ‘‘the
last numbered paragraph’’.
(2) EFFECTIVE DATE.—The amendments made by—
(A) subparagraph (A) of paragraph (1) shall take effect
on the date of the enactment of this Act; and
(B) subparagraphs (B) through (F) of paragraph (1)
shall take effect on January 1, 2026.
(b) CHIP.—
(1) IN GENERAL.—Section 2102(d)(1)(A) of the Social Security Act (42 U.S.C. 1397bb(d)(1)(A)) is amended—
(A) by inserting ‘‘or pregnancy-related’’ after ‘‘child
health’’;
(B) by inserting ‘‘or targeted low-income pregnant
woman’’ after ‘‘targeted low-income child’’;
(C) by inserting ‘‘or pregnant woman’’ after ‘‘because
the child’’; and
(D) by inserting ‘‘or pregnant woman’’ after ‘‘during
the period the child’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply beginning January 1, 2026.
(c) TECHNICAL CORRECTIONS.—
(1) Section 1902(nn)(2)(A) of the Social Security Act (42
U.S.C. 1395a(a)(nn)(2)(A)) is amended by striking ‘‘State plan’’
and inserting ‘‘State plan (or waiver of such plan)’’.
(2) Section 1902(nn)(3) of the Social Security Act (42 U.S.C.
1396a(nn)(3)), is amended by striking ‘‘paragraph (31)’’ and
inserting ‘‘the last numbered paragraph’’.
(3) Section 5122(a)(1) of the Consolidated Appropriations
Act, 2023 (Public Law 117–328) is amended by striking ‘‘after’’
and all that follows through the period at the end and inserting
‘‘after ‘or in the case of an eligible juvenile described in section
1902(a)(84)(D) with respect to the screenings, diagnostic services, referrals, and targeted case management services required
under such section’.’’.
(4) The fifth sentence of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking ‘‘paragraph
(30)’’ and inserting ‘‘the last numbered paragraph’’.
SEC. 206. ADDRESSING OPERATIONAL BARRIERS TO PROMOTE CONTINUITY OF CARE FOR MEDICAID AND CHIP BENEFICIARIES FOLLOWING INCARCERATION.
(a) STATE PLANNING GRANTS.—
(1) IN GENERAL.—Not later than 12 months after the date
of enactment of this Act, the Secretary shall award grants
to States for the purpose of developing operational capabilities
to promote continuity of care for individuals who are inmates
of a public institution and are eligible for medical assistance
under the State Medicaid program or are eligible for child
H. R. 4366—383
health assistance or pregnancy-related assistance under the
State CHIP.
(2) USE OF FUNDS.—A State may use funds awarded under
a grant under this subsection for activities and expenses related
to complying with the requirement described in section
1902(a)(84)(A) of the Social Security Act (42 U.S.C.
1396a(a)(84)(A)) that a State shall not terminate eligibility
for medical assistance, complying with the requirements of
sections 1902(a)(84)(D) and 2102(d) of the Social Security Act
(42 U.S.C. 1396a(a)(84)(D), 1397bb(d)), or adopting the State
plan options described in the subdivision (A) following the
last numbered paragraph of section 1905(a) and 2110(b)(7) of
the Social Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), or
other activities and expenses to promote continuity of care
for individuals described in paragraph (1). Such activities and
expenses may include—
(A) identifying and addressing operational gaps with
respect to complying with such requirements or adopting
such options, in collaboration with public institutions, State
human services agencies, Medicaid managed care plans,
providers, community-based organizations, and other stakeholders;
(B) establishing standardized processes and automated
systems for activities that may include, but are not limited
to—
(i) determining whether an individual is enrolled
in a State Medicaid program or State CHIP at the
time such individual becomes an inmate of a public
institution;
(ii) allowing an individual who is an inmate of
a public institution to submit an application to enroll
or renew coverage in a State Medicaid program or
State CHIP prior to the individual’s release from such
public institution;
(iii) facilitating the delivery of medical assistance
under the State Medicaid program or child health
assistance or pregnancy-related assistance under the
State CHIP to an individual who is eligible for such
assistance while the individual is an inmate of a public
institution, such as by establishing claims processing
and prior authorization request protocols; and
(iv) in the case of an eligible individual whose
coverage under a State Medicaid program or State
CHIP was suspended while the individual was an
inmate of a public institution, restoring such coverage
upon such individual’s release from the public institution;
(C) investing in information technology to—
(i) enable bi-directional information sharing
between public institutions, the State Medicaid and
CHIP agencies, and other entities such as managed
care plans and providers (in a manner consistent with
applicable State and Federal privacy laws), to support
care transitions and coordination of treatment
(including access to care in the community after release
from a public institution); and
H. R. 4366—384
(ii) develop indicators to ensure Federal financial
participation for medical assistance furnished under
a State Medicaid program or child health assistance
or pregnancy-related assistance furnished under a
State CHIP is available only for medical assistance
or child health assistance or pregnancy-related assistance for items and services for which such participation
is permitted while an individual is an inmate of a
public institution; and
(D) establishing oversight and monitoring processes
to ensure public institutions and entities with which they
contract are compliant with any applicable Medicaid and
CHIP requirements.
(3) LIMITATIONS ON USE OF FUNDS.—A State shall not use
funds from a grant awarded under this subsection to—
(A) provide medical assistance under a State Medicaid
program or child health assistance or pregnancy-related
assistance under a State CHIP to an individual, or otherwise directly administer health care services for an individual; or
(B) build prisons, jails, or other carceral facilities, or
pay for prison, jail, or other carceral facility-related
improvements other than those improvements that are for
the direct and primary purpose of meeting the health care
needs of individuals who are incarcerated and who are
eligible for medical assistance under the State Medicaid
program or child health assistance or pregnancy-related
assistance under the State CHIP.
(4) ALLOCATION OF GRANT FUNDS.—In determining the
amount of a grant to award to a State that applies for a
grant under this subsection, the Secretary shall consider the
following factors, relative to other States applying for grants
under this subsection:
(A) The number of individuals in the State who were
inmates of non-Federal public institutions (such as State
prisons, local and county jails, tribal jails, and youth correctional or detention facilities) and were eligible for medical
assistance under a State Medicaid program at any time
in calendar year 2022.
(B) The number of non-Federal public institutions in
the State (such as State prisons, local and county jails,
tribal jails, and youth correctional or detention facilities).
(C) The State’s progress in developing, implementing,
and operating initiatives to promote continuity of care for
individuals who are inmates of a public institution and
are eligible for medical assistance under the State Medicaid
program or are eligible for child health assistance or pregnancy-related assistance under the State CHIP (with favorable consideration given to States with less progress in
promoting continuity of care for such individuals).
(5) APPROPRIATION.—There is appropriated to the Secretary
for fiscal year 2024, out of any funds in the Treasury not
otherwise appropriated, $113,500,000, to remain available until
expended, for the purposes of awarding and administering
grants to States under this subsection.
(b) GUIDANCE TO SUPPORT STATE IMPLEMENTATION AND OPERATIONS.—
H. R. 4366—385
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall issue detailed
guidance to States that addresses common implementation and
operational challenges States face in ensuring access to authorized high-quality, timely, accessible care before, during, and
after incarceration for individuals who are eligible for medical
assistance under a State Medicaid program or child health
assistance or pregnancy-related assistance under a State CHIP.
(2) CONTENT.—
(A) COMPLIANCE WITH REQUIREMENTS.—The guidance
required under paragraph (1) shall address challenges
States face, or are likely to face, in complying with the
requirement described in section 1902(a)(84)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(84)(A)) that a State
shall not terminate eligibility for medical assistance, complying with the requirements of sections 1902(a)(84)(D)
and 2102(d) of the Social Security Act (42 U.S.C.
1396a(a)(84)(D), 1397bb(d)), adopting the State plan options
described in the subdivision (A) following the last numbered
paragraph of section 1905(a) and section 2110(b)(7) of the
Social Security Act (42 U.S.C. 1396d(a), 1397jj(b)(7)), and
carrying out other activities that are approved by the Secretary to promote continuity of care for individuals who
are inmates of a public institution and are eligible for
medical assistance under the State Medicaid program or
are eligible for child health assistance or pregnancy-related
assistance under the State CHIP.
(B) BEST PRACTICES AND STRATEGIES.—The guidance
required under paragraph (1) shall include best practices
and strategies States can use to address implementation
and operational challenges related to the requirements
described in subparagraph (A), including those related to
the following:
(i) Implementing modifications to improve eligibility and enrollment processes, including, but not limited to, completing applications for assistance under
the State Medicaid program or the State CHIP on
behalf of inmates, transmitting such applications to
State Medicaid and CHIP agencies, and screening
individuals who are inmates of public institutions for
eligibility for medical assistance that is authorized to
be furnished to the individual while the individual
is such an inmate.
(ii) Clarifying the availability of relevant Federal
financial participation, including the administrative
match under sections 1903 and 2105 of the Social
Security Act (42 U.S.C. 1396b, 1397ee), for activities
that directly support efforts to identify and enroll
eligible individuals in State Medicaid programs and
State CHIPs and that directly support the provision
of authorized medical assistance, child health assistance, or pregnancy-related assistance, including, but
not limited to, data sharing and exchange, and other
necessary functions.
(iii) Expeditiously conducting screening for eligibility under State Medicaid programs and State CHIPs
for individuals who are inmates of a public institution,
H. R. 4366—386
providing application and renewal assistance for those
who are not yet enrolled in such programs or whose
eligibility needs to be renewed, and coordinating
reinstatement of coverage under such programs with
managed care enrollment.
(iv) Ensuring that an individual who is an inmate
of a public institution and is eligible for medical assistance under a State Medicaid program or for child
health assistance or pregnancy-related assistance
under a State CHIP receives, in a timely fashion, any
such assistance for which Federal financial participation is authorized, such as, a supply of medications
or prescription refill upon release and the services
required under sections 1902(a)(84)(D) and 2102(d) of
the Social Security Act (42 U.S.C. 1396a(a)(84)(D),
1397bb(d)).
(v) Establishing community-based provider networks, including those comprised of case managers,
for purposes of providing continuity of care to individuals who are eligible for medical assistance under a
State Medicaid program or child health assistance or
pregnancy-related assistance under a State CHIP
before, during, and after incarceration.
(c) DEFINITIONS.—In this section:
(1) PUBLIC INSTITUTION.—The term ‘‘public institution’’ has
the meaning given that term in section 1902(nn)(3) of the
Social Security Act (42 U.S.C. 1396a(nn)(3)).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(3) STATE.—The term ‘‘State’’ has the meaning given that
term in section 1101(a)(1) of the Social Security Act (42 U.S.C.
1301(a)(1)) for purposes of titles XIX and XXI of such Act.
(4) STATE CHIP.—The term ‘‘State CHIP’’ means a State
child health plan for child health assistance under title XXI
of the Social Security Act (42 U.S.C. 1397aa et seq.), and
includes any waiver of such a plan.
(5) STATE MEDICAID PROGRAM.—The term ‘‘State Medicaid
program’’ means a State plan for medical assistance under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
and includes any waiver of such a plan.
SEC. 207. GUIDANCE RELATING TO IMPROVING THE BEHAVIORAL
HEALTH WORKFORCE AND INTEGRATION OF CARE UNDER
MEDICAID AND CHIP.
(a) GUIDANCE.—Not later than 24 months after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ‘‘Secretary’’) shall issue guidance
to States regarding the following:
(1) Opportunities to increase access to the mental health
and substance use disorder care providers that participate in
Medicaid or CHIP, which may include education, training,
recruitment and retention of such providers, with a focus on
improving the capacity of this workforce in rural and underserved areas by increasing the number, type, and capacity
of providers. The guidance relating to such opportunities shall
include the following:
H. R. 4366—387
(A) Best practices from States that have used authorities under titles XI, XIX, or XXI of the Social Security
Act (42 U.S.C. 1301 et seq., 1396 et seq., 1397aa et seq.),
including initiatives States have implemented under
waivers under section 1115 of such Act (42 U.S.C. 1315),
for such purposes.
(B) Opportunities States can leverage to finance, support, and expand the availability of providers of communitybased mental health and substance use disorder services
who participate in Medicaid and CHIP across the continuum of care, including through the participation of paraprofessionals with behavioral health expertise, such as
clinicians with baccalaureate degrees and peer support
specialists and including best practices especially pertinent
to pediatric care. The guidance shall include examples of
innovative policies states have adopted to expand access
to behavioral health services; for example, by establishing
more expansive and diverse behavioral health workforce
roles such as certified wellness coaches.
(C) Best practices related to financing, supporting, and
expanding the education and training of providers of mental
health and substance use disorder services in order to
increase the workforce of such providers who participate
in Medicaid and CHIP across the continuum of care,
including innovative public-private partnerships and
including such practices that are especially pertinent to
pediatric care.
(2) Opportunities to promote the integration of mental
health or substance use disorder services with primary care
services. The guidance relating to such opportunities shall
include the following:
(A) An overview of State options for adopting and
expanding value-based payment arrangements and alternative payment models, including accountable care
organization-like models and other shared savings programs.
(B) A description of opportunities for States to use
and align existing authorities and resources to finance
the integration of mental health or substance use disorder
services with primary care services, including with respect
to the use of electronic health records in mental health
care settings and in substance use disorder care settings.
(C) Strategies to support integration of mental health
or substance use disorder services with primary care services through the use of non-clinical professionals and paraprofessionals, including peer support specialists.
(D) Examples of specific strategies and models designed
to support integration of mental health or substance use
disorder services with primary care services for differing
age groups, including children and youth and individuals
over the age of 65, which may include the collaborative
care model or primary care behavioral health model for
behavioral health integration.
(b) INTEGRATION OF MENTAL HEALTH OR SUBSTANCE USE DISORDER SERVICES WITH PRIMARY CARE SERVICES.—For purposes of
H. R. 4366—388
subsection (a)(2), the term ‘‘integration of mental health or substance use disorder services with primary care services’’ means
any of the following:
(1) The delivery of mental health or substance use disorder
services in a setting that is physically located in the same
practice or building as a primary care setting, or when at
least 1 provider of mental health or substance use disorder
services is available in a primary care setting via telehealth.
(2) The use of behavioral health integration models primarily intended for pediatric populations with non-severe
mental health needs that are focused on prevention and early
detection and intervention methods through a multidisciplinary
collaborative behavioral health team approach co-managed with
primary care, to include same-day access to family-focused
mental health treatment services.
(3) Having providers of mental health or substance use
disorder services physically co-located in a primary care setting
with same-day visit availability.
(4) Implementing or maintaining enhanced care coordination or targeted case management which includes regular interactions between and within care teams.
(5) Providing mental health or substance use disorder
screening and follow-up assessments, interventions, or services
within the same practice or facility as a primary care or physical
service setting.
(6) The use of assertive community treatment that is
integrated with or facilitated by a primary care practice.
(7) Delivery of integrated primary care and mental health
care or substance use disorder care in the home or in community-based settings for individuals who are recipients of Medicaid home and community-based services.
SEC. 208. FUNDING FOR IMPLEMENTATION AND OPERATIONS.
There is appropriated to the Secretary of Health and Human
Services for fiscal year 2024, out of any funds in the Treasury
not otherwise appropriated, to remain available until expended—
(1) $5,000,000, for the purpose of carrying out section 203
and the amendments made by such section, and sections 206,
and 207; and
(2) $10,000,000 for the recurring collection, analysis, and
publication of health care data under section 1948 of the Social
Security Act, as added by section 202.
SEC. 209. CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES UNDER MEDICAID.
(a) DEFINITION OF MEDICAL ASSISTANCE.—Section 1905 of the
Social Security Act (42 U.S.C. 1396d) is amended—
(1) in subsection (a)—
(A) in paragraph (30), by striking ‘‘; and’’ and inserting
a semicolon;
(B) by redesignating paragraph (31) as paragraph (32);
and
(C) by inserting after paragraph (30) the following
new paragraph:
‘‘(31) certified community behavioral health clinic services,
as defined in subsection (jj); and’’; and
(2) by adding at the end the following new subsection:
H. R. 4366—389
‘‘(jj) CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC SERVICES.—
‘‘(1) IN GENERAL.—The term ‘certified community behavioral health services’ means any of the following services when
furnished to an individual as a patient of a certified community
behavioral health clinic (as defined in paragraph (2)), in a
manner reflecting person-centered care and which, if not available directly through a certified community behavioral health
clinic, may be provided or referred through formal relationships
with other providers:
‘‘(A) Crisis mental health services, including 24-hour
mobile crisis teams, emergency crisis intervention services,
and crisis stabilization.
‘‘(B) Screening, assessment, and diagnosis, including
risk assessment.
‘‘(C) Patient-centered treatment planning or similar
processes, including risk assessment and crisis planning.
‘‘(D) Outpatient mental health and substance use services.
‘‘(E) Outpatient clinic primary care screening and monitoring of key health indicators and health risk.
‘‘(F) Intensive case management services.
‘‘(G) Psychiatric rehabilitation services.
‘‘(H) Peer support and counselor services and family
supports.
‘‘(I) Intensive, community-based mental health care for
members of the armed forces and veterans who are eligible
for medical assistance, particularly such members and veterans located in rural areas, provided the care is consistent
with minimum clinical mental health guidelines promulgated by the Veterans Health Administration, including
clinical guidelines contained in the Uniform Mental Health
Services Handbook of such Administration.
‘‘(2) CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC.—
The term ‘certified community behavioral health clinic’ means
an organization that—
‘‘(A) has been certified by a State as meeting the criteria established by the Secretary pursuant to subsection
(a) of section 223 of the Protecting Access to Medicare
Act as of January 1, 2024, and any subsequent updates
to such criteria, regardless of whether the State is carrying
out a demonstration program under this title under subsection (d) of such section;
‘‘(B) is engaged in furnishing all of the services
described in paragraph (1); and
‘‘(C) agrees, as a condition of the certification described
in subparagraph (A), to furnish to the State or Secretary
any data required as part of ongoing monitoring of the
organization’s provision of services, including encounter
data, clinical outcomes data, quality data, and such other
data as the State or Secretary may require.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to medical assistance furnished on or
after the date of enactment of this Act.
H. R. 4366—390
SEC. 210. ELIMINATING CERTAIN DISPROPORTIONATE SHARE HOSPITAL PAYMENT CUTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r–4(f)(7)(A)), as amended by section 121 of subtitle B of title
I of division B of the Further Additional Continuing Appropriations
and Other Extensions Act, 2024 (Public Law 118–35), is amended—
(1) in clause (i), by striking ‘‘For the period beginning
March 9, 2024, and ending September 30, 2024, and for each
of fiscal years 2025’’ and inserting ‘‘For the period beginning
January 1, 2025, and ending September 30, 2025, and for
each of fiscal years 2026’’; and
(2) in clause (ii), by striking ‘‘March 9, 2024, and ending
September 30, 2024, and for each of fiscal years 2025’’ and
inserting ‘‘January 1, 2025, and ending September 30, 2025,
and for each of fiscal years 2026’’.
SEC. 211. PROMOTING VALUE IN MEDICAID MANAGED CARE.
Section 1903(m)(9)(A) of the Social Security Act (42 U.S.C.
1396b(m)(9)(A)) is amended by striking ‘‘(and before fiscal year
2024)’’.
SEC. 212. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C.
1396w–1(b)(3)(A)), as amended by section 122 of subtitle B of title
I of division B of the Further Additional Continuing Appropriations
and Other Extensions Act, 2024 (Public Law 118–35), is further
amended by striking ‘‘$5,140,428,729’’ and inserting ‘‘$0’’.
Subtitle C—Medicare
SEC. 301. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended—
(1) in the first sentence—
(A) by striking ‘‘and $20,000,000’’ and inserting
‘‘$20,000,000’’; and
(B) by inserting the following before the period at
the end: ‘‘, and $9,000,000 for the period beginning on
October 1, 2023, and ending on December 31, 2024’’; and
(2) in the third sentence, by striking ‘‘and 2023’’ and
inserting ‘‘2023, and 2024 and the period beginning on October
1, 2024, and ending on December 31, 2024’’.
SEC. 302. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) STATE HEALTH INSURANCE ASSISTANCE PROGRAMS.—Subsection (a)(1)(B) of section 119 of the Medicare Improvements for
Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note), as
amended by section 3306 of the Patient Protection and Affordable
Care Act (Public Law 111–148), section 610 of the American Taxpayer Relief Act of 2012 (Public Law 112–240), section 1110 of
the Pathway for SGR Reform Act of 2013 (Public Law 113–67),
section 110 of the Protecting Access to Medicare Act of 2014 (Public
Law 113–93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114–10), section 50207
of division E of the Bipartisan Budget Act of 2018 (Public Law
H. R. 4366—391
115–123), section 1402 of division B of the Continuing Appropriations Act, 2020, and Health Extenders Act of 2019 (Public Law
116–59), section 1402 of division B of the Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019
(Public Law 116–69), section 103 of division N of the Further
Consolidated Appropriations Act, 2020 (Public Law 116–94), section
3803 of the CARES Act (Public Law 116–136), section 2203 of
the Continuing Appropriations Act, 2021 and Other Extensions
Act (Public Law 116–159), section 1102 of the Further Continuing
Appropriations Act, 2021, and Other Extensions Act (Public Law
116–215), and section 103 of division CC of the Consolidated Appropriations Act, 2021 (Public Law 116–260), is amended—
(1) in clause (xii), by striking ‘‘and’’ at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xiii) the following new clause:
‘‘(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $18,750,000.’’.
(b) AREA AGENCIES ON AGING.—Subsection (b)(1)(B) of such
section 119, as so amended, is amended—
(1) in clause (xii), by striking ‘‘and’’ at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xiii) the following new clause:
‘‘(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $18,750,000.’’.
(c) AGING AND DISABILITY RESOURCE CENTERS.—Subsection
(c)(1)(B) of such section 119, as so amended, is amended—
(1) in clause (xii), by striking ‘‘and’’ at the end;
(2) in clause (xiii), by striking the comma at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xiii) the following new clause:
‘‘(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $6,250,000.’’.
(d) COORDINATION OF EFFORTS TO INFORM OLDER AMERICANS
ABOUT BENEFITS AVAILABLE UNDER FEDERAL AND STATE PROGRAMS.—Subsection (d)(2) of such section 119, as so amended, is
amended—
(1) in clause (xii), by striking ‘‘and’’ at the end;
(2) in clause (xiii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (xiii) the following new clause:
‘‘(xiv) for the period beginning on October 1, 2023,
and ending on December 31, 2024, $18,750,000.’’.
SEC. 303. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
UNDER THE MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)) is amended by striking ‘‘March 9, 2024’’ and
inserting ‘‘January 1, 2025’’.
SEC. 304. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN
ELIGIBLE ALTERNATIVE PAYMENT MODELS.
(a) IN GENERAL.—Section 1833(z) of the Social Security Act
(42 U.S.C. 1395l(z)) is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘with 2025’’ and inserting ‘‘with 2026’’;
and
H. R. 4366—392
(B) by inserting ‘‘, or, with respect to 2026, 1.88 percent’’ after ‘‘3.5 percent’’;
(2) in paragraph (2)—
(A) in subparagraph (B)—
(i) in the heading, by striking ‘‘2025’’ and inserting
‘‘2026’’; and
(ii) in the matter preceding clause (i), by striking
‘‘2025’’ and inserting ‘‘2026’’;
(B) in subparagraph (C)—
(i) in the heading, by striking ‘‘2026’’ and inserting
‘‘2027’’; and
(ii) in the matter preceding clause (i), by striking
‘‘2026’’ and inserting ‘‘2027’’; and
(C) in subparagraph (D), by striking ‘‘and 2025’’ and
inserting ‘‘2025, and 2026’’; and
(3) in paragraph (4)(B), by inserting ‘‘, or, with respect
to 2026, 1.88 percent’’ after ‘‘3.5 percent’’.
(b) CONFORMING AMENDMENTS.—Section 1848(q)(1)(C)(iii) of the
Social Security Act (42 U.S.C. 1395w–4(q)(1)(C)(iii)) is amended—
(1) in subclause (II), by striking ‘‘2025’’ and inserting
‘‘2026’’; and
(2) in subclause (III), by striking ‘‘2026’’ and inserting
‘‘2027’’.
SEC. 305. TEMPORARY PAYMENT INCREASE UNDER THE MEDICARE
PHYSICIAN FEE SCHEDULE TO ACCOUNT FOR EXCEPTIONAL CIRCUMSTANCES AND ATYPICAL TIMING OF
ENACTMENT.
Section 1848(t)(1) of the Social Security Act (42 U.S.C. 1395w–
4(t)(1)) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in subparagraph (D)—
(A) by striking ‘‘January 1, 2025’’ and inserting ‘‘March
9, 2024’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(E) such services furnished on or after March 9, 2024,
and before January 1, 2025, by 2.93 percent.’’.
SEC. 306. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) IN GENERAL.—Section 1886(d)(12) of the Social Security
Act (42 U.S.C. 1395ww(d)(12)) is amended—
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ‘‘in fiscal year 2025 and subsequent fiscal years’’
and inserting ‘‘during the portion of fiscal year 2025 beginning
on January 1, 2025, and ending on September 30, 2025, and
in fiscal year 2026 and subsequent fiscal years’’;
(2) in subparagraph (C)(i)—
(A) in the matter preceding subclause (I)—
(i) by inserting ‘‘or portion of a fiscal year’’ after
‘‘for a fiscal year’’; and
(ii) by inserting ‘‘and the portion of fiscal year
2025 beginning on October 1, 2024, and ending on
December 31, 2024’’ after ‘‘through 2024’’;
H. R. 4366—393
(B) in subclause (III), by inserting ‘‘and the portion
of fiscal year 2025 beginning on October 1, 2024, and
ending on December 31, 2024’’ after ‘‘through 2024’’; and
(C) in subclause (IV), by striking ‘‘fiscal year 2025’’
and inserting ‘‘the portion of fiscal year 2025 beginning
on January 1, 2025, and ending on September 30, 2025,
and fiscal year 2026’’; and
(3) in subparagraph (D)—
(A) in the matter preceding clause (i), by inserting
‘‘or during the portion of fiscal year 2025 beginning on
October 1, 2024, and ending on December 31, 2024’’ after
‘‘through 2024’’; and
(B) in clause (ii), by inserting ‘‘and the portion of
fiscal year 2025 beginning on October 1, 2024, and ending
on December 31, 2024’’ after ‘‘through 2024’’.
(b) IMPLEMENTATION.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, including the amendments made by, this section
by program instruction or otherwise.
SEC. 307. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH)
PROGRAM.
(a) IN GENERAL.—Section 1886(d)(5)(G) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)(G)) is amended—
(1) in clause (i), by striking ‘‘October 1, 2024’’ and inserting
‘‘January 1, 2025’’; and
(2) in clause (ii)(II), by striking ‘‘October 1, 2024’’ and
inserting ‘‘January 1, 2025’’.
(b) CONFORMING AMENDMENTS.—
(1) EXTENSION OF TARGET AMOUNT.—Section 1886(b)(3)(D)
of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended—
(A) in the matter preceding clause (i), by striking
‘‘October 1, 2024’’ and inserting ‘‘January 1, 2025’’; and
(B) in clause (iv), by inserting ‘‘and the portion of
fiscal year 2025 beginning on October 1, 2024, and ending
on December 31, 2024,’’ after ‘‘through fiscal year 2024’’.
(2) PERMITTING HOSPITALS TO DECLINE RECLASSIFICATION.—
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 1395ww note) is amended by striking ‘‘or
fiscal year 2000’’ and all that follows through ‘‘the Secretary’’
and inserting ‘‘fiscal year 2000 through fiscal year 2024, or
the portion of fiscal year 2025 beginning on October 1, 2024,
and ending on December 31, 2024, the Secretary’’.
SEC. 308. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE
CAP AMOUNT UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended—
(1) in clause (ii), by striking ‘‘2032’’ and inserting ‘‘2033’’;
and
(2) in clause (iii), by striking ‘‘2032’’ and inserting ‘‘2033’’.
SEC. 309. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ‘‘$2,197,795,056’’ and inserting
‘‘$0’’.
H. R. 4366—394
Subtitle D—Human Services
SEC. 401. EXTENSION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
Activities authorized by part A of title IV (other than under
section 403(c) or 418) and section 1108(b) of the Social Security
Act shall continue through September 30, 2024, in the manner
authorized for fiscal year 2023, and out of any money in the
Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such
purpose.
SEC. 402. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
Activities authorized by part B of title IV of the Social Security
Act shall continue through December 31, 2024, in the manner
authorized for fiscal year 2023, and out of any money in the
Treasury of the United States not otherwise appropriated, there
are hereby appropriated such sums as may be necessary for such
purpose.
SEC. 403. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710), as
amended by section 142 of subtitle D of title I of division B of
the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35), is further amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ after ‘‘January 19, 2024,’’;
(ii) by inserting ‘‘for the period beginning on March
9, 2024, and ending on September 30, 2024, and for
the period beginning on October 1, 2024, and ending
on December 31, 2024,’’ after ‘‘March 8, 2024,’’; and
(iii) by inserting ‘‘or 2025’’ after ‘‘for fiscal year
2024’’; and
(B) in paragraph (2), by inserting ‘‘or 2025’’ after ‘‘with
respect to fiscal year 2024’’ each place it appears; and
(2) in subsection (f)(1)—
(A) by striking ‘‘and’’ before ‘‘for the period beginning
on January 20, 2024,’’; and
(B) by striking the period at the end and inserting
‘‘, for the period beginning on March 9, 2024, and ending
on September 30, 2024, an amount equal to the pro rata
portion of the amount appropriated for the corresponding
period for fiscal year 2023, and for the period beginning
on October 1, 2024, and ending on December 31, 2024,
an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2024.’’.
SEC. 404. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713), as
amended by section 143 of subtitle D of title I of division B of
the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35), is further amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), in the matter preceding clause
(i)—
H. R. 4366—395
(i) by striking ‘‘and’’ after ‘‘January 19, 2024,’’;
and
(ii) by inserting ‘‘for the period beginning on March
9, 2024, and ending on September 30, 2024, and for
the period beginning on October 1, 2024, and ending
on December 31, 2024,’’ after ‘‘March 8, 2024,’’; and
(B) in subparagraph (B)(i)—
(i) by striking ‘‘and’’ after ‘‘January 19, 2024,’’;
and
(ii) by striking the period at the end and inserting
‘‘, for the period beginning on March 9, 2024, and
ending on September 30, 2024, and for the period
beginning on October 1, 2024, and ending on December
31, 2024.’’;
(2) in subsection (c)(3), by inserting ‘‘or 2025’’ after ‘‘fiscal
year 2024’’; and
(3) in subsection (f)—
(A) by striking ‘‘and’’ before ‘‘for the period beginning
on January 20, 2024,’’; and
(B) by striking ‘‘fiscal year 2023.’’ and inserting ‘‘fiscal
year 2023, for the period beginning on March 9, 2024,
and ending on September 30, 2024, an amount equal to
the pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2023, and for the period
beginning on October 1, 2024, and ending on December
31, 2024, an amount equal to the pro rata portion of the
amount appropriated for the corresponding period for fiscal
year 2024.’’.
SEC. 405. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH
INFORMATION CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended—
(1) in clause (vi), by striking ‘‘and’’ after the semicolon;
(2) in clause (vii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by inserting after clause (vii), the following new clause:
‘‘(viii) $1,500,000 for the portion of fiscal year 2025 before
January 1, 2025.’’.
TITLE II—AMENDING COMPACTS OF
FREE ASSOCIATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Compact of Free Association
Amendments Act of 2024’’.
SEC. 202. FINDINGS.
Congress finds the following:
(1) The United States (in accordance with the Trusteeship
Agreement for the Trust Territory of the Pacific Islands, the
United Nations Charter, and the objectives of the international
trusteeship system of the United Nations) fulfilled its obligations to promote the development of the people of the Trust
Territory toward self-government or independence, as appropriate, to the particular circumstances of the Trust Territory
H. R. 4366—396
and the people of the Trust Territory and the freely expressed
wishes of the people concerned.
(2) The United States, the Federated States of Micronesia,
and the Republic of the Marshall Islands entered into the
Compact of Free Association set forth in section 201 of the
Compact of Free Association Act of 1985 (48 U.S.C. 1901 note;
Public Law 99–239) and the United States and the Republic
of Palau entered into the Compact of Free Association set
forth in section 201 of Public Law 99–658 (48 U.S.C. 1931
note) to create and maintain a close and mutually beneficial
relationship.
(3) The ‘‘Compact of Free Association, as amended, between
the Government of the United States of America and the
Government of the Federated States of Micronesia’’, the ‘‘Compact of Free Association, as amended, between the Government
of the United States of America and the Government of the
Republic of the Marshall Islands’’, and related agreements were
signed by the Government of the United States and the Governments of the Federated States of Micronesia and the Republic
of the Marshall Islands and approved, as applicable, by section
201 of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921 note; Public Law 108–188).
(4) The ‘‘Agreement between the Government of the United
States of America and the Government of the Republic of Palau
Following the Compact of Free Association Section 432 Review’’,
was signed by the Government of the United States and the
Government of the Republic of Palau on September 3, 2010,
and amended on September 19, 2018.
(5) On May 22, 2023, the United States signed the ‘‘Agreement between the Government of the United States of America
and the Government of the Republic of Palau Resulting From
the 2023 Compact of Free Association Section 432 Review’’.
(6) On May 23, 2023, the United States signed 3 agreements related to the U.S.-FSM Compact of Free Association,
including an Agreement to Amend the Compact, as amended,
a new fiscal procedures agreement, and a new trust fund agreement and on September 28, 2023, the United States signed
a Federal Programs and Services agreement related to the
U.S.-FSM Compact of Free Association.
(7) On October 16, 2023, the United States signed 3 agreements relating to the U.S.-RMI Compact of Free Association,
including an Agreement to Amend the Compact, as amended,
a new fiscal procedures agreement, and a new trust fund agreement.
SEC. 203. DEFINITIONS.
In this title:
(1) 1986 COMPACT.—The term ‘‘1986 Compact’’ means the
Compact of Free Association between the Government of the
United States and the Governments of the Marshall Islands
and the Federated States of Micronesia set forth in section
201 of the Compact of Free Association Act of 1985 (48 U.S.C.
1901 note; Public Law 99–239).
(2) 2003 AMENDED U.S.-FSM COMPACT.—The term ‘‘2003
Amended U.S.-FSM Compact’’ means the Compact of Free
Association amending the 1986 Compact entitled the ‘‘Compact
of Free Association, as amended, between the Government of
H. R. 4366—397
the United States of America and the Government of the Federated States of Micronesia’’ set forth in section 201(a) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921 note; Public Law 108–188).
(3) 2003 AMENDED U.S.-RMI COMPACT.—The term ‘‘2003
Amended U.S.-RMI Compact’’ means the Compact of Free
Association amending the 1986 Compact entitled ‘‘Compact of
Free Association, as amended, between the Government of the
United States of America and the Government of the Republic
of the Marshall Islands’’ set forth in section 201(b) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921 note; Public Law 108–188).
(4) 2023 AGREEMENT TO AMEND THE U.S.-FSM COMPACT.—
The term ‘‘2023 Agreement to Amend the U.S.-FSM Compact’’
means the Agreement between the Government of the United
States of America and the Government of the Federated States
of Micronesia to Amend the Compact of Free Association, as
Amended, done at Palikir May 23, 2023.
(5) 2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT.—
The term ‘‘2023 Agreement to Amend the U.S.-RMI Compact’’
means the Agreement between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands to Amend the Compact of Free Association,
as Amended, done at Honolulu October 16, 2023.
(6) 2023 AMENDED U.S.-FSM COMPACT.—The term ‘‘2023
Amended U.S.-FSM Compact’’ means the 2003 Amended U.S.FSM Compact, as amended by the 2023 Agreement to Amend
the U.S.-FSM Compact.
(7) 2023 AMENDED U.S.-RMI COMPACT.—The term ‘‘2023
Amended U.S.-RMI Compact’’ means the 2003 Amended U.S.RMI Compact, as amended by the 2023 Agreement to Amend
the U.S.-RMI Compact.
(8) 2023 U.S.-FSM FEDERAL PROGRAMS AND SERVICES AGREEMENT.—The term ‘‘2023 U.S.-FSM Federal Programs and Services Agreement’’ means the 2023 Federal Programs and Services
Agreement between the Government of the United States of
America and the Government of the Federated States of Micronesia, done at Washington September 28, 2023.
(9) 2023 U.S.-FSM FISCAL PROCEDURES AGREEMENT.—The
term ‘‘2023 U.S.-FSM Fiscal Procedures Agreement’’ means
the Agreement Concerning Procedures for the Implementation
of United States Economic Assistance provided in the 2023
Amended U.S.-FSM Compact between the Government of the
United States of America and the Government of the Federated
States of Micronesia, done at Palikir May 23, 2023.
(10) 2023 U.S.-FSM TRUST FUND AGREEMENT.—The term
‘‘2023 U.S.-FSM Trust Fund Agreement’’ means the Agreement
between the Government of the United States of America and
the Government of the Federated States of Micronesia
Regarding the Compact Trust Fund, done at Palikir May 23,
2023.
(11) 2023 U.S.-PALAU COMPACT REVIEW AGREEMENT.—The
term ‘‘2023 U.S.-Palau Compact Review Agreement’’ means the
Agreement between the Government of the United States of
America and the Government of the Republic of Palau Resulting
From the 2023 Compact of Free Association Section 432 Review,
done at Port Moresby May 22, 2023.
H. R. 4366—398
(12) 2023 U.S.-RMI FISCAL PROCEDURES AGREEMENT.—The
term ‘‘2023 U.S.-RMI Fiscal Procedures Agreement’’ means the
Agreement Concerning Procedures for the Implementation of
United States Economic Assistance Provided in the 2023
Amended Compact Between the Government of the United
States of America and the Government of the Republic of the
Marshall Islands, done at Honolulu October 16, 2023.
(13) 2023 U.S.-RMI TRUST FUND AGREEMENT.—The term
‘‘2023 U.S.-RMI Trust Fund Agreement’’ means the Agreement
between the Government of the United States of America and
the Government of the Republic of the Marshall Islands
Regarding the Compact Trust Fund, done at Honolulu October
16, 2023.
(14) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Natural Resources of the House
of Representatives; and
(D) the Committee on Foreign Affairs of the House
of Representatives.
(15) FREELY ASSOCIATED STATES.—The term ‘‘Freely Associated States’’ means—
(A) the Federated States of Micronesia;
(B) the Republic of the Marshall Islands; and
(C) the Republic of Palau.
(16) SUBSIDIARY AGREEMENT.—The term ‘‘subsidiary agreement’’ means any of the following:
(A) The 2023 U.S.-FSM Federal Programs and Services
Agreement.
(B) The 2023 U.S.-FSM Fiscal Procedures Agreement.
(C) The 2023 U.S.-FSM Trust Fund Agreement.
(D) The 2023 U.S.-RMI Fiscal Procedures Agreement.
(E) The 2023 U.S.-RMI Trust Fund Agreement.
(F) Any Federal Programs and Services Agreement
in force between the United States and the Republic of
the Marshall Islands.
(G) Any Federal Programs and Services Agreement
in force between the United States and the Republic of
Palau.
(H) Any other agreement that the United States may
from time-to-time enter into with the Government of the
Federated States of Micronesia, the Government of the
Republic of Palau, or the Government of the Republic of
the Marshall Islands, in accordance with—
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 U.S.-Palau Compact Review Agreement; or
(iii) the 2023 Amended U.S.-RMI Compact.
(17) U.S.-PALAU COMPACT.—The term ‘‘U.S.-Palau Compact’’
means the Compact of Free Association between the United
States and the Government of Palau set forth in section 201
of Public Law 99–658 (48 U.S.C. 1931 note).
H. R. 4366—399
SEC. 204. APPROVAL OF 2023 AGREEMENT TO AMEND THE U.S.-FSM
COMPACT, 2023 AGREEMENT TO AMEND THE U.S.-RMI COMPACT, 2023 U.S.-PALAU COMPACT REVIEW AGREEMENT,
AND SUBSIDIARY AGREEMENTS.
(a) FEDERATED STATES OF MICRONESIA.—
(1) APPROVAL.—The 2023 Agreement to Amend the U.S.FSM Compact and the 2023 U.S.-FSM Trust Fund Agreement,
as submitted to Congress on June 15, 2023, are approved
and incorporated by reference.
(2) CONSENT OF CONGRESS.—Congress consents to—
(A) the 2023 U.S.-FSM Fiscal Procedures Agreement,
as submitted to Congress on June 15, 2023; and
(B) the 2023 U.S.-FSM Federal Programs and Services
Agreement.
(3) AUTHORITY OF PRESIDENT.—Notwithstanding section
101(f) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921(f)), the President is authorized to
bring into force and implement the agreements described in
paragraphs (1) and (2).
(b) REPUBLIC OF THE MARSHALL ISLANDS.—
(1) APPROVAL.—The 2023 Agreement to Amend the U.S.RMI Compact and the 2023 U.S.-RMI Trust Fund Agreement,
as submitted to Congress on October 17, 2023, are approved
and incorporated by reference.
(2) CONSENT OF CONGRESS.—Congress consents to the 2023
U.S.-RMI Fiscal Procedures Agreement, as submitted to Congress on October 17, 2023.
(3) AUTHORITY OF PRESIDENT.—Notwithstanding section
101(f) of the Compact of Free Association Amendments Act
of 2003 (48 U.S.C. 1921(f)), the President is authorized to
bring into force and implement the agreements described in
paragraphs (1) and (2).
(c) REPUBLIC OF PALAU.—
(1) APPROVAL.—The 2023 U.S.-Palau Compact Review
Agreement, as submitted to Congress on June 15, 2023, is
approved.
(2) AUTHORITY OF PRESIDENT.—The President is authorized
to bring into force and implement the 2023 U.S.-Palau Compact
Review Agreement.
(d) AMENDMENTS, CHANGES, OR TERMINATION TO COMPACTS
AND CERTAIN AGREEMENTS.—
(1) IN GENERAL.—Any amendment to, change to, or termination of all or any part of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau Compact, by mutual agreement or unilateral action of the Government of the United States, shall not enter into force until
the date on which Congress has incorporated the applicable
amendment, change, or termination into an Act of Congress.
(2) ADDITIONAL ACTIONS AND AGREEMENTS.—In addition to
the Compacts described in paragraph (1), the requirements
of that paragraph shall apply to—
(A) any action of the Government of the United States
under the 2023 Amended U.S.-FSM Compact, 2023
Amended U.S.-RMI Compact, or U.S.-Palau Compact,
including an action taken pursuant to section 431, 441,
or 442 of the 2023 Amended U.S.-FSM Compact, 2023
Amended U.S.-RMI Compact, or U.S.-Palau Compact; and
H. R. 4366—400
(B) any amendment to, change to, or termination of—
(i) the agreement described in section 462(a)(2)
of the 2023 Amended U.S.-FSM Compact;
(ii) the agreement described in section 462(a)(5)
of the 2023 Amended U.S.-RMI Compact;
(iii) an agreement concluded pursuant to section
265 of the 2023 Amended U.S.-FSM Compact;
(iv) an agreement concluded pursuant to section
265 of the 2023 Amended U.S.-RMI Compact;
(v) an agreement concluded pursuant to section
177 of the 2023 Amended U.S.-RMI Compact;
(vi) Articles III and IV of the agreement described
in section 462(b)(6) of the 2023 Amended U.S.-FSM
Compact;
(vii) Articles III, IV, and X of the agreement
described in section 462(b)(6) of the 2023 Amended
U.S.-RMI Compact;
(viii) the agreement described in section 462(h)
of the U.S.-Palau Compact; and
(ix) Articles VI, XV, and XVII of the agreement
described in section 462(b)(7) of the 2023 Amended
U.S.-FSM Compact and 2023 Amended U.S.-RMI Compact and section 462(i) of the U.S.-Palau Compact.
(e) ENTRY INTO FORCE OF FUTURE AMENDMENTS TO SUBSIDIARY
AGREEMENTS.—An agreement between the United States and the
Government of the Federated States of Micronesia, the Government
of the Republic of the Marshall Islands, or the Government of
the Republic of Palau that would amend, change, or terminate
any subsidiary agreement or portion of a subsidiary agreement
(other than an amendment to, change to, or termination of an
agreement described in subsection (d)) shall not enter into force
until the date that is 90 days after the date on which the President
has transmitted to the President of the Senate and the Speaker
of the House of Representatives—
(1) the agreement to amend, change, or terminate the subsidiary agreement;
(2) an explanation of the amendment, change, or termination;
(3) a description of the reasons for the amendment, change,
or termination; and
(4) in the case of an agreement that would amend, change,
or terminate any agreement described in section 462(b)(3) of
the 2023 Amended U.S.-FSM Compact or the 2023 Amended
U.S.-RMI Compact, a statement by the Secretary of Labor
that describes—
(A) the necessity of the amendment, change, or termination; and
(B) any impacts of the amendment, change, or termination.
SEC. 205. AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.
(a) LAW ENFORCEMENT ASSISTANCE.—
(1) IN GENERAL.—Pursuant to sections 222 and 224 of the
2023 Amended U.S.-FSM Compact, the United States shall
provide nonreimbursable technical and training assistance, as
H. R. 4366—401
appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia—
(A) to develop and adequately enforce laws of the Federated States of Micronesia; and
(B) to cooperate with the United States in the enforcement of criminal laws of the United States.
(2) USE OF APPROPRIATED FUNDS.—Funds appropriated
pursuant to subsection (j) of section 105 of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921d)
(as amended by section 209(j)) may be used in accordance
with section 102(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921a(a)).
(b) UNITED STATES APPOINTEES TO JOINT ECONOMIC MANAGEMENT COMMITTEE.—
(1) IN GENERAL.—The 3 United States appointees (which
are composed of the United States chair and 2 other members
from the Government of the United States) to the Joint Economic Management Committee established under section 213
of the 2023 Amended U.S.-FSM Compact (referred to in this
subsection as the ‘‘Committee’’) shall—
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal
Government.
(2) TERM; APPOINTMENT.—The 3 United States members
of the Committee described in paragraph (1) shall be appointed
for a term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary
of State, in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary
of the Interior, in consultation with the Secretary of the
Treasury.
(C) 1 member shall be appointed by the Interagency
Group on Freely Associated States established under section 208(d)(1).
(3) REAPPOINTMENT.—A United States member of the Committee appointed under paragraph (2) may be reappointed for
not more than 2 additional 2-year terms.
(4) QUALIFICATIONS.—Not fewer than 2 United States members of the Committee appointed under paragraph (2) shall
be individuals who—
(A) by reason of knowledge, experience, or training,
are especially qualified in accounting, auditing, budget
analysis, compliance, grant administration, program
management, or international economics; and
(B) possess not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance, grant
administration, program management, or international
economics.
(5) NOTICE.—
(A) IN GENERAL.—Not later than 90 days after the
date of appointment of a United States member of the
Committee under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of Congress
that an individual has been appointed as a voting member
of the Committee under that paragraph, including a statement prepared by the Secretary of the Interior attesting
H. R. 4366—402
to the qualifications of the member described in paragraph
(4), subject to subparagraph (B).
(B) REQUIREMENT.—For purposes of a statement
required under subparagraph (A)—
(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary
of the Interior by the Secretary of State on request
of the Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile
information on the member provided to the Secretary
of the Interior by the Interagency Group on Freely
Associated States established under section 208(d)(1)
on request of the Secretary of the Interior.
(6) REPORTS TO CONGRESS.—Not later than 90 days after
the date on which the Committee receives or completes any
report required under the 2023 Amended U.S.-FSM Compact,
or any related subsidiary agreement, the Secretary of the
Interior shall submit the report to the appropriate committees
of Congress.
(7) NOTICE TO CONGRESS.—Not later than 90 days after
the date on which the Government of the Federated States
of Micronesia submits to the Committee a report required under
the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit
to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete
and accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(c) UNITED STATES APPOINTEES TO JOINT TRUST FUND COMMITTEE.—
(1) IN GENERAL.—The 3 United States voting members
(which are composed of the United States chair and 2 other
members from the Government of the United States) to the
Joint Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2023 Amended U.S.FSM Compact (referred to in this subsection as the ‘‘Committee’’) shall continue to be officers or employees of the Federal
Government.
(2) TERM; APPOINTMENT.—The 3 United States members
of the Committee described in paragraph (1) shall be appointed
for a term not more than 2 years as follows:
(A) 1 member shall be appointed by the Secretary
of State.
(B) 1 member shall be appointed by the Secretary
of the Interior.
(C) 1 member shall be appointed by the Secretary
of the Treasury.
(3) REAPPOINTMENT.—A United States member of the Committee appointed under paragraph (2) may be reappointed for
not more than 2 additional 2-year terms.
H. R. 4366—403
(4) QUALIFICATIONS.—Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who—
(A) by reason of knowledge, experience, or training,
are especially qualified in accounting, auditing, budget
analysis, compliance, financial investment, grant administration, program management, or international economics;
and
(B) possess not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.
(5) NOTICE.—
(A) IN GENERAL.—Not later than 90 days after the
date of appointment of a United States member to the
Committee under paragraph (2), the Secretary of the
Interior shall notify the appropriate committees of Congress
that an individual has been appointed as a voting member
of the Committee under that paragraph, including a statement attesting to the qualifications of the member
described in paragraph (4), subject to subparagraph (B).
(B) REQUIREMENT.—For purposes of a statement
required under subparagraph (A)—
(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary
of the Interior by the Secretary of State on request
of the Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile
information on the member provided to the Secretary
of the Interior by the Secretary of the Treasury on
request of the Secretary of the Interior.
(6) REPORTS TO CONGRESS.—Not later than 90 days after
the date on which the Committee receives or completes any
report required under the 2023 Amended U.S.-FSM Compact,
or any related subsidiary agreement, the Secretary of the
Interior shall submit the report to the appropriate committees
of Congress.
(7) NOTICE TO CONGRESS.—Not later than 90 days after
the date on which the Government of the Federated States
of Micronesia submits to the Committee a report required under
the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit
to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete
and accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
SEC. 206. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO
THE REPUBLIC OF THE MARSHALL ISLANDS.
(a) LAW ENFORCEMENT ASSISTANCE.—
(1) IN GENERAL.—Pursuant to sections 222 and 224 of the
2023 Amended U.S.-RMI Compact, the United States shall
H. R. 4366—404
provide nonreimbursable technical and training assistance, as
appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Republic of the Marshall Islands—
(A) to develop and adequately enforce laws of the Marshall Islands; and
(B) to cooperate with the United States in the enforcement of criminal laws of the United States.
(2) USE OF APPROPRIATED FUNDS.—Funds appropriated
pursuant to subsection (j) of section 105 of the Compact of
Free Association Amendments Act of 2003 (48 U.S.C. 1921d)
(as amended by section 209(j)) may be used in accordance
with section 103(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921b(a)).
(b) ESPOUSAL PROVISIONS.—
(1) IN GENERAL.—Congress reaffirms that—
(A) section 103(g)(1) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(g)(1)) and section 103(e)(1)
of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(e)(1)) provided that ‘‘It is the
intention of the Congress of the United States that the
provisions of section 177 of the Compact of Free Association
and the Agreement between the Government of the United
States and the Government of the Marshall Islands for
the Implementation of Section 177 of the Compact (hereafter in this subsection referred to as the ‘Section 177
Agreement’) constitute a full and final settlement of all
claims described in Articles X and XI of the Section 177
Agreement, and that any such claims be terminated and
barred except insofar as provided for in the Section 177
Agreement.’’; and
(B) section 103(g)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(g)(2)) and section 103(e)(2)
of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(e)(2)) provided that ‘‘In furtherance
of the intention of Congress as stated in paragraph (1)
of this subsection, the Section 177 Agreement is hereby
ratified and approved. It is the explicit understanding and
intent of Congress that the jurisdictional limitations set
forth in Article XII of such Agreement are enacted solely
and exclusively to accomplish the objective of Article X
of such Agreement and only as a clarification of the effect
of Article X, and are not to be construed or implemented
separately from Article X.’’.
(2) EFFECT.—Nothing in the 2023 Agreement to Amend
the U.S.-RMI Compact affects the application of the provisions
of law reaffirmed by paragraph (1).
(c) CERTAIN SECTION 177 AGREEMENT PROVISIONS.—Congress
reaffirms that—
(1) Article IX of the Agreement Between the Government
of the United States and the Government of the Marshall
Islands for the Implementation of Section 177 of the Compact
of Free Association, done at Majuro June 25, 1983, provided
that ‘‘If loss or damage to property and person of the citizens
of the Marshall Islands, resulting from the Nuclear Testing
Program, arises or is discovered after the effective date of
this Agreement, and such injuries were not and could not
H. R. 4366—405
reasonably have been identified as of the effective date of
this Agreement, and if such injuries render the provisions of
this Agreement manifestly inadequate, the Government of the
Marshall Islands may request that the Government of the
United States provide for such injuries by submitting such
a request to the Congress of the United States for its consideration. It is understood that this Article does not commit the
Congress of the United States to authorize and appropriate
funds.’’; and
(2) section 3(a) of Article XIII of the agreement described
in paragraph (1) provided that ‘‘The Government of the United
States and the Government of the Marshall Islands shall consult at the request of either of them on matters relating to
the provisions of this Agreement.’’.
(d) UNITED STATES APPOINTEES TO JOINT ECONOMIC MANAGEMENT AND FINANCIAL ACCOUNTABILITY COMMITTEE.—
(1) IN GENERAL.—The 2 United States appointees (which
are composed of the United States chair and 1 other member
from the Government of the United States) to the Joint Economic Management and Financial Accountability Committee
established under section 214 of the 2003 Amended U.S.-RMI
Compact (referred to in this subsection as the ‘‘Committee’’)
shall—
(A) be voting members of the Committee; and
(B) continue to be officers or employees of the Federal
Government.
(2) TERM; APPOINTMENT.—The 2 United States members
of the Committee described in paragraph (1) shall be appointed
for a term of 2 years as follows:
(A) 1 member shall be appointed by the Secretary
of State, in consultation with the Secretary of the Treasury.
(B) 1 member shall be appointed by the Secretary
of the Interior, in consultation with the Secretary of the
Treasury.
(3) REAPPOINTMENT.—A United States member of the Committee appointed under paragraph (2) may be reappointed for
not more than 2 additional 2-year terms.
(4) QUALIFICATIONS.—At least 1 United States member of
the Committee appointed under paragraph (2) shall be an individual who—
(A) by reason of knowledge, experience, or training,
is especially qualified in accounting, auditing, budget analysis, compliance, grant administration, program management, or international economics; and
(B) possesses not less than 5 years of full-time experience in accounting, auditing, budget analysis, compliance,
grant administration, program management, or international economics.
(5) NOTICE.—
(A) IN GENERAL.—Not later than 90 days after the
date of appointment of a United States member under
paragraph (2), the Secretary of the Interior shall notify
the appropriate committees of Congress that an individual
has been appointed as a voting member of the Committee
under that paragraph, including a statement attesting to
the qualifications of the member described in paragraph
(4), subject to subparagraph (B).
H. R. 4366—406
(B) REQUIREMENT.—For purposes of a statement
required under subparagraph (A), in the case of a member
appointed under paragraph (2)(A), the Secretary of the
Interior shall compile information on the member provided
to the Secretary of the Interior by the Secretary of State
on request of the Secretary of the Interior.
(6) REPORTS TO CONGRESS.—Not later than 90 days after
the date on which the Committee receives or completes any
report required under the 2023 Amended U.S.-RMI Compact,
or any related subsidiary agreement, the Secretary of the
Interior shall submit the report to the appropriate committees
of Congress.
(7) NOTICE TO CONGRESS.—Not later than 90 days after
the date on which the Government of the Republic of the
Marshall Islands submits to the Committee a report required
under the 2023 Amended U.S.-RMI Compact, or any related
subsidiary agreement, the Secretary of the Interior shall submit
to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete
and accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(e) UNITED STATES APPOINTEES TO TRUST FUND COMMITTEE.—
(1) IN GENERAL.—The 3 United States voting members
(which are composed of the United States chair and 2 other
members from the Government of the United States) to the
Trust Fund Committee established pursuant to the agreement
described in section 462(b)(5) of the 2003 Amended U.S.-RMI
Compact (referred to in this subsection as the ‘‘Committee’’)
shall continue to be officers or employees of the Federal Government.
(2) TERM; APPOINTMENT.—The 3 United States members
of the Committee described in paragraph (1) shall be appointed
for a term not more than 5 years as follows:
(A) 1 member shall be appointed by the Secretary
of State.
(B) 1 member shall be appointed by the Secretary
of the Interior.
(C) 1 member shall be appointed by the Secretary
of the Treasury.
(3) REAPPOINTMENT.—A United States member of the Committee appointed under paragraph (2) may be reappointed for
not more than 2 additional 2-year terms.
(4) QUALIFICATIONS.—Not fewer than 2 members of the
Committee appointed under paragraph (2) shall be individuals
who—
(A) by reason of knowledge, experience, or training,
are especially qualified in accounting, auditing, budget
analysis, compliance, financial investment, grant administration, program management, or international economics;
and
(B) possess not less than 5 years of full-time experience
in accounting, auditing, budget analysis, compliance, financial investment, grant administration, program management, or international economics.
H. R. 4366—407
(5) NOTICE.—
(A) IN GENERAL.—Not later than 90 days after the
date of appointment of a United States Member under
paragraph (2), the Secretary of the Interior shall notify
the appropriate committees of Congress that an individual
has been appointed as a voting member of the Committee
under that paragraph, including a statement attesting to
the qualifications of the appointee described in paragraph
(4), subject to subparagraph (B).
(B) REQUIREMENT.—For purposes of a statement
required under subparagraph (A)—
(i) in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile
information on the member provided to the Secretary
of the Interior by the Secretary of State on request
of the Secretary of the Interior; and
(ii) in the case of a member appointed under paragraph (2)(C), the Secretary of the Interior shall compile
information on the member provided to the Secretary
of the Interior by the Secretary of the Treasury on
request of the Secretary of the Interior.
(6) REPORTS TO CONGRESS.—Not later than 90 days after
the date on which the Committee receives or completes any
report required under the 2023 Amended U.S.-RMI Compact,
or any related subsidiary agreement, the Secretary of the
Interior shall submit the report to the appropriate committees
of Congress.
(7) NOTICE TO CONGRESS.—Not later than 90 days after
the date on which the Government of the Republic of the
Marshall Islands submits to the Committee a report required
under the 2023 Amended U.S.-RMI Compact, or any related
subsidiary agreement, the Secretary of the Interior shall submit
to the appropriate committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete
and accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
(f) FOUR ATOLL HEALTH CARE PROGRAM.—Congress reaffirms
that—
(1) section 103(j)(1) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(1)) and section 103(h)(1) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(h)(1)) provided that services ‘‘provided by the
United States Public Health Service or any other United States
agency pursuant to section 1(a) of Article II of the Agreement
for the Implementation of Section 177 of the Compact (hereafter
in this subsection referred to as the ‘Section 177 Agreement’)
shall be only for services to the people of the Atolls of Bikini,
Enewetak, Rongelap, and Utrik who were affected by the consequences of the United States nuclear testing program, pursuant to the program described in Public Law 95–134 and Public
Law 96–205 and their descendants (and any other persons
identified as having been so affected if such identification occurs
in the manner described in such public laws). Nothing in this
subsection shall be construed as prejudicial to the views or
H. R. 4366—408
policies of the Government of the Marshall Islands as to the
persons affected by the consequences of the United States
nuclear testing program.’’;
(2) section 103(j)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(2)) and section 103(h)(2) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(h)(2)) provided that ‘‘at the end of the first year
after the effective date of the Compact and at the end of
each year thereafter, the providing agency or agencies shall
return to the Government of the Marshall Islands any unexpended funds to be returned to the Fund Manager (as described
in Article I of the Section 177 Agreement) to be covered into
the Fund to be available for future use.’’; and
(3) section 103(j)(3) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(j)(3)) and section 103(h)(3) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921b(h)(3)) provided that ‘‘the Fund Manager shall
retain the funds returned by the Government of the Marshall
Islands pursuant to paragraph (2) of this subsection, shall
invest and manage such funds, and at the end of 15 years
after the effective date of the Compact, shall make from the
total amount so retained and the proceeds thereof annual
disbursements sufficient to continue to make payments for
the provision of health services as specified in paragraph (1)
of this subsection to such extent as may be provided in contracts
between the Government of the Marshall Islands and appropriate United States providers of such health services.’’.
(g) RADIOLOGICAL HEALTH CARE PROGRAM.—Notwithstanding
any other provision of law, on the request of the Government
of the Republic of the Marshall Islands, the President (through
an appropriate department or agency of the United States) shall
continue to provide special medical care and logistical support for
the remaining members of the population of Rongelap and Utrik
who were exposed to radiation resulting from the 1954 United
States thermonuclear ‘‘Bravo’’ test, pursuant to Public Law 95–
134 (91 Stat. 1159) and Public Law 96–205 (94 Stat. 84).
(h) AGRICULTURAL AND FOOD PROGRAMS.—
(1) IN GENERAL.—Congress reaffirms that—
(A) section 103(h)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(A)
of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(f)(2)(A)) provided that notwithstanding ‘‘any other provision of law, upon the request
of the Government of the Marshall Islands, for the first
fifteen years after the effective date of the Compact, the
President (either through an appropriate department or
agency of the United States or by contract with a United
States firm or by a grant to the Government of the Republic
of the Marshall Islands which may further contract only
with a United States firm or a Republic of the Marshall
Islands firm, the owners, officers and majority of the
employees of which are citizens of the United States or
the Republic of the Marshall Islands) shall provide technical and other assistance without reimbursement, to continue the planting and agricultural maintenance program
on Enewetak; without reimbursement, to continue the food
programs of the Bikini, Rongelap, Utrik, and Enewetak
H. R. 4366—409
people described in section 1(d) of Article II of the Subsidiary Agreement for the Implementation of Section 177
of the Compact and for continued waterborne transportation of agricultural products to Enewetak including operations and maintenance of the vessel used for such purposes.’’;
(B) section 103(h)(2) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(h)(2)) and section 103(f)(2)(B)
of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(f)(2)(B)) provided that ‘‘The President shall ensure the assistance provided under these programs reflects the changes in the population since the
inception of such programs.’’; and
(C) section 103(h)(3) of the Compact of Free Association
Act of 1985 (48 U.S.C. 1903(h)(3)) and section 103(f)(3)
of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921b(f)(3)) provided that ‘‘payments under
this subsection shall be provided to such extent or in such
amounts as are necessary for services and other assistance
provided pursuant to this subsection. It is the sense of
Congress that after the periods of time specified in paragraphs (1) and (2) of this subsection, consideration will
be given to such additional funding for these programs
as may be necessary.’’.
(2) PLANTING AND AGRICULTURAL MAINTENANCE PROGRAM.—
The Secretary of the Interior may provide grants to the Government of the Republic of the Marshall Islands to carry out
a planting and agricultural maintenance program on Bikini,
Enewetak, Rongelap, and Utrik.
(3) FOOD PROGRAMS.—The Secretary of Agriculture may
provide, without reimbursement, food programs to the people
of the Republic of the Marshall Islands.
SEC. 207. AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO
THE REPUBLIC OF PALAU.
(a) BILATERAL ECONOMIC CONSULTATIONS.—United States
participation in the annual economic consultations referred to in
Article 8 of the 2023 U.S.-Palau Compact Review Agreement shall
be by officers or employees of the Federal Government.
(b) ECONOMIC ADVISORY GROUP.—
(1) QUALIFICATIONS.—A member of the Economic Advisory
Group described in Article 7 of the 2023 U.S.-Palau Compact
Review Agreement (referred to in this subsection as the
‘‘Advisory Group’’) who is appointed by the Secretary of the
Interior shall be an individual who, by reason of knowledge,
experience, or training, is especially qualified in private sector
business development, economic development, or national
development.
(2) FUNDS.—With respect to the Advisory Group, the Secretary of the Interior may use available funds for—
(A) the costs of the 2 members of the Advisory Group
designated by the United States in accordance with Article
7 of the 2023 U.S.-Palau Compact Review Agreement;
(B) 50 percent of the costs of the 5th member of the
Advisory Group designated by the Secretary of the Interior
in accordance with the Article described in subparagraph
(A); and
H. R. 4366—410
(C) the costs of—
(i) technical and administrative assistance for the
Advisory Group; and
(ii) other support necessary for the Advisory Group
to accomplish the purpose of the Advisory Group.
(3) REPORTS TO CONGRESS.—Not later than 90 days after
the date on which the Advisory Group receives or completes
any report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(c) REPORTS TO CONGRESS.—
(1) IN GENERAL.—Not later than 90 days after the date
on which the Government of the Republic of Palau completes
any report required under the 2023 U.S.-Palau Compact Review
Agreement, or any related subsidiary agreement, the Secretary
of the Interior shall submit the report to the appropriate
committees of Congress.
(2) NOTICE TO CONGRESS.—Not later than 90 days after
the date on which the Government of the Republic of Palau
submits a report required under the 2023 U.S.-Palau Compact
Review Agreement, or any related subsidiary agreement, the
Secretary of the Interior shall submit to the appropriate
committees of Congress—
(A) if the report is submitted by the applicable deadline, written notice attesting that the report is complete
and accurate; or
(B) if the report is not submitted by the applicable
deadline, written notice that the report has not been timely
submitted.
SEC. 208. OVERSIGHT PROVISIONS.
(a) AUTHORITIES AND DUTIES OF THE COMPTROLLER GENERAL
UNITED STATES.—
(1) IN GENERAL.—The Comptroller General of the United
States (including any duly authorized representative of the
Comptroller General of the United States) shall have the
authorities necessary to carry out the responsibilities of the
Comptroller General of the United States under—
(A) the 2023 Amended U.S.-FSM Compact and related
subsidiary agreements, including the authorities and privileges described in section 102(b) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921a(b));
(B) the 2023 Amended U.S.-RMI Compact and related
subsidiary agreements, including the authorities and privileges described in section 103(k) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921b(k));
and
(C) the 2023 U.S.-Palau Compact Review Agreement,
related subsidiary agreements, and the authorities
described in appendix D of the ‘‘Agreement between the
Government of the United States of America and the
Government of the Republic of Palau Following the Compact of Free Association Section 432 Review’’ signed by
the United States and the Republic of Palau on September
3, 2010.
OF THE
H. R. 4366—411
(2) REPORTS.—Not later than 18 months after the date
of the enactment of this Act, and every 4 years thereafter,
the Comptroller General of the United States shall submit
to the appropriate committees of Congress a report with respect
to the Freely Associated States, including addressing—
(A) the topics described in subparagraphs (A) through
(E) of section 104(h)(1) of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921c(h)(1)), except
that for purposes of a report submitted under this paragraph, the report shall address those topics with respect
to each of the Freely Associated States; and
(B) the effectiveness of administrative oversight by
the United States of the Freely Associated States.
(b) SECRETARY OF THE INTERIOR OVERSIGHT AUTHORITY.—The
Secretary of the Interior shall have the authority necessary to
fulfill the responsibilities for monitoring and managing the funds
appropriated to the Compact of Free Association account of the
Department of the Interior by section 211(a) to carry out—
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; and
(4) subsidiary agreements.
(c) POSTMASTER GENERAL OVERSIGHT AUTHORITY.—The Postmaster General shall have the authority necessary to fulfill the
responsibilities for monitoring and managing the funds appropriated
to the United States Postal Service under paragraph (1) of section
211(b) and deposited in the Postal Service Fund under paragraph
(2)(A) of that section to carry out—
(1) section 221(a)(2) of the 2023 Amended U.S.-FSM Compact;
(2) section 221(a)(2) of the 2023 Amended U.S.-RMI Compact;
(3) section 221(a)(2) of the U.S.-Palau Compact; and
(4) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(d) INTERAGENCY GROUP ON FREELY ASSOCIATED STATES.—
(1) ESTABLISHMENT.—The President, in consultation with
the Secretary of State, the Secretary of the Interior, and the
Secretary of Defense, shall establish an Interagency Group
on Freely Associated States (referred to in this subsection as
the ‘‘Interagency Group’’).
(2) PURPOSE.—The purposes of the Interagency Group are—
(A) to coordinate development and implementation of
executive branch policies, programs, services, and other
activities in or relating to the Freely Associated States;
and
(B) to provide policy guidance, recommendations, and
oversight to Federal agencies, departments, and instrumentalities with respect to the implementation of—
(i) the 2023 Amended U.S.-FSM Compact;
(ii) the 2023 Amended U.S.-RMI Compact; and
(iii) the 2023 U.S.-Palau Compact Review Agreement.
(3) MEMBERSHIP.—The Interagency Group shall consist of—
(A) the Secretary of State, who shall serve as co-chair
of the Interagency Group;
H. R. 4366—412
(B) the Secretary of the Interior, who shall serve as
co-chair of the Interagency Group;
(C) the Secretary of Defense;
(D) the Secretary of the Treasury;
(E) the heads of relevant Federal agencies, departments, and instrumentalities carrying out obligations
under—
(i) sections 131 and 132 of the 2003 Amended
U.S.-FSM Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.FSM Compact;
(ii) sections 131 and 132 of the 2003 Amended
U.S.-RMI Compact and subsections (a) and (b) of section 221 and section 261 of the 2023 Amended U.S.RMI Compact;
(iii) sections 131 and 132 and subsections (a) and
(b) of section 221 of the U.S.-Palau Compact;
(iv) Article 6 of the 2023 U.S.-Palau Compact
Review Agreement;
(v) any applicable subsidiary agreement; and
(vi) section 209; and
(F) the head of any other Federal agency, department,
or instrumentality that the Secretary of State or the Secretary of the Interior may designate.
(4) DUTIES OF SECRETARY OF STATE AND SECRETARY OF
THE INTERIOR.—The Secretary of State (or a senior official
designee of the Secretary of State) and the Secretary of the
Interior (or a senior official designee of the Secretary of the
Interior) shall—
(A) co-lead and preside at a meeting of the Interagency
Group not less frequently than annually;
(B) determine, in consultation with the Secretary of
Defense, the agenda for meetings of the Interagency Group;
and
(C) facilitate and coordinate the work of the Interagency Group.
(5) DUTIES OF THE INTERAGENCY GROUP.—The Interagency
Group shall—
(A) provide advice on the establishment or implementation of policies relating to the Freely Associated States
to the President, acting through the Office of Intergovernmental Affairs, in the form of a written report not less
frequently than annually;
(B) obtain information and advice relating to the Freely
Associated States from the Presidents, other elected officials, and members of civil society of the Freely Associated
States, including through the members of the Interagency
Group (including senior official designees of the members)
meeting not less frequently than annually with any Presidents of the Freely Associated States who elect to participate;
(C) at the request of the head of any Federal agency
(or a senior official designee of the head of a Federal
agency) who is a member of the Interagency Group,
promptly review and provide advice on a policy or policy
implementation action affecting 1 or more of the Freely
H. R. 4366—413
Associated States proposed by the Federal agency, department, or instrumentality; and
(D) facilitate coordination of relevant policies, programs, initiatives, and activities involving 1 or more of
the Freely Associated States, including ensuring coherence
and avoiding duplication between programs, initiatives, and
activities conducted pursuant to a Compact with a Freely
Associated State and non-Compact programs, initiatives,
and activities.
(6) REPORTS.—Not later than 1 year after the date of the
enactment of this Act and each year thereafter in which a
Compact of Free Association with a Freely Associated State
is in effect, the President shall submit to the majority leader
and minority leader of the Senate, the Speaker and minority
leader of the House of Representatives, and the appropriate
committees of Congress a report that describes the activities
and recommendations of the Interagency Group during the
applicable year.
(e) FEDERAL AGENCY COORDINATION.—The head of any Federal
agency providing programs and services to the Federated States
of Micronesia, the Republic of the Marshall Islands, or the Republic
of Palau shall coordinate with the Secretary of the Interior and
the Secretary of State regarding the provision of the programs
and services.
(f) FOREIGN LOANS OR DEBT.—Congress reaffirms that—
(1) the foreign loans or debt of the Government of the
Federated States of Micronesia, the Government of the Republic
of the Marshall Islands, or the Government of the Republic
of Palau shall not constitute an obligation of the United States;
and
(2) the full faith and credit of the United States Government shall not be pledged for the payment and performance
of any foreign loan or debt referred to in paragraph (1) without
specific further authorization.
(g) COMPACT COMPILATION.—Not later than 180 days after the
date of enactment of this Act, the Secretary of the Interior shall
submit a report to the appropriate committees of Congress that
includes a compilation of the Compact of Free Association with
the Federated State of Micronesia, the Compact of Free Association
with the Republic of Palau, and the Compact of Free Association
with Republic of the Marshall Islands.
(h) PUBLICATION; REVISION BY OFFICE OF THE LAW REVISION
COUNSEL.—
(1) PUBLICATION.—In publishing this title in slip form and
in the United States Statutes at Large pursuant to section
112 of title 1, United States Code, the Archivist of the United
States shall include after the date of approval at the end
an appendix setting forth the text of—
(A) the 2023 Agreement to Amend the U.S.-FSM Compact; and
(B) the 2023 Agreement to Amend the U.S.-RMI Compact.
(2) REVISION BY OFFICE OF THE LAW REVISION COUNSEL.—
The Office of the Law Revision Counsel is directed to revise—
(A) the 2003 Amended U.S.-FSM Compact set forth
in the note following section 1921 of title 48, United States
Code, to reflect the amendments to the 2003 Amended
H. R. 4366—414
U.S.-FSM Compact made by the 2023 Agreement to Amend
the U.S.-FSM Compact; and
(B) the 2003 Amended U.S.-RMI Compact set forth
in the note following section 1921 of title 48, United States
Code, to reflect the amendments to the 2003 Amended
U.S.-RMI Compact made by the 2023 Agreement to Amend
the U.S.-RMI Compact.
SEC. 209. UNITED STATES POLICY REGARDING THE FREELY ASSOCIATED STATES.
(a) AUTHORIZATION FOR VETERANS’ SERVICES.—
(1) DEFINITION OF FREELY ASSOCIATED STATES.—In this subsection, the term ‘‘Freely Associated States’’ means—
(A) the Federated States of Micronesia, during such
time as it is a party to the Compact of Free Association
set forth in section 201 of the Compact of Free Association
Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);
(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association
set forth in section 201 of the Compact of Free Association
Act of 1985 (Public Law 99–239; 48 U.S.C. 1901 note);
and
(C) the Republic of Palau, during such time as it is
a party to the Compact of Free Association between the
United States and the Government of Palau set forth in
section 201 of Joint Resolution entitled ‘‘Joint Resolution
to approve the ‘Compact of Free Association’ between the
United States and the Government of Palau, and for other
purposes’’ (Public Law 99–658; 48 U.S.C. 1931 note).
(2) HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME
CARE ABROAD.—Section 1724 of title 38, United States Code,
is amended—
(A) in subsection (a), by striking ‘‘subsections (b) and
(c)’’ and inserting ‘‘subsections (b), (c), and (f)’’; and
(B) by adding at the end the following:
‘‘(f)(1)(A) The Secretary may furnish hospital care and medical
services in the Freely Associated States, subject to agreements
the Secretary shall enter into with the governments of the Freely
Associated States as described in section 209(a)(4)(A) of the Compact
of Free Association Amendments Act of 2024, and subject to
subparagraph (B), to a veteran who is otherwise eligible to receive
hospital care and medical services.
‘‘(B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely
Associated States and define the care and services that can be
legally provided by the Secretary in the Freely Associated States.
‘‘(2) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and medical
services through—
‘‘(A) contracts or other agreements;
‘‘(B) reimbursement; or
‘‘(C) the direct provision of care by health care personnel
of the Department.
‘‘(3) In furnishing hospital care and medical services under
paragraph (1), the Secretary may furnish hospital care and medical
services for any condition regardless of whether the condition is
connected to the service of the veteran in the Armed Forces.
H. R. 4366—415
‘‘(4)(A) A veteran who has received hospital care or medical
services in a country pursuant to this subsection shall remain
eligible, to the extent determined advisable and practicable by
the Secretary, for hospital care or medical services in that country
regardless of whether the country continues to qualify as a Freely
Associated State for purposes of this subsection.
‘‘(B) If the Secretary determines it is no longer advisable or
practicable to allow veterans described in subparagraph (A) to
remain eligible for hospital care or medical services pursuant to
such subparagraph, the Secretary shall—
‘‘(i) provide direct notice of that determination to such
veterans; and
‘‘(ii) publish that determination and the reasons for that
determination in the Federal Register.
‘‘(5) In this subsection, the term ‘Freely Associated States’
means—
‘‘(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99–239; 48 U.S.C. 1901 note);
‘‘(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act
of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and
‘‘(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
States and the Government of Palau set forth in section 201
of Joint Resolution entitled ‘Joint Resolution to approve the
‘‘Compact of Free Association’’ between the United States and
the Government of Palau, and for other purposes’ (Public Law
99–658; 48 U.S.C. 1931 note).’’.
(3) BENEFICIARY TRAVEL.—Section 111 of title 38, United
States Code, is amended by adding at the end the following:
‘‘(h)(1) Notwithstanding any other provision of law, the Secretary may make payments to or for any person traveling in,
to, or from the Freely Associated States for receipt of care or
services authorized to be legally provided by the Secretary in the
Freely Associated States under section 1724(f)(1) of this title.
‘‘(2) A person who has received payment for travel in a country
pursuant to this subsection shall remain eligible for payment for
such travel in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this
subsection.
‘‘(3) The Secretary shall prescribe regulations to carry out this
subsection.
‘‘(4) In this subsection, the term ‘Freely Associated States’
means—
‘‘(A) the Federated States of Micronesia, during such time
as it is a party to the Compact of Free Association set forth
in section 201 of the Compact of Free Association Act of 1985
(Public Law 99–239; 48 U.S.C. 1901 note);
‘‘(B) the Republic of the Marshall Islands, during such
time as it is a party to the Compact of Free Association set
forth in section 201 of the Compact of Free Association Act
of 1985 (Public Law 99–239; 48 U.S.C. 1901 note); and
‘‘(C) the Republic of Palau, during such time as it is a
party to the Compact of Free Association between the United
H. R. 4366—416
States and the Government of Palau set forth in section 201
of Joint Resolution entitled ‘Joint Resolution to approve the
‘‘Compact of Free Association’’ between the United States and
the Government of Palau, and for other purposes’ (Public Law
99–658; 48 U.S.C. 1931 note).’’.
(4) LEGAL ISSUES.—
(A) AGREEMENTS TO FURNISH CARE AND SERVICES.—
(i) IN GENERAL.—Before delivering hospital care
or medical services under subsection (f) of section 1724
of title 38, United States Code, as added by paragraph
(2)(B), the Secretary of Veterans Affairs, in consultation with the Secretary of State, shall enter into agreements with the governments of the Freely Associated
States to—
(I) facilitate the furnishing of health services,
including telehealth, under the laws administered
by the Secretary of Veterans Affairs to veterans
in the Freely Associated States, such as by
addressing—
(aa) licensure, certification, registration,
and tort issues relating to health care personnel;
(bb) the scope of health services the Secretary may furnish, as well as the means for
furnishing such services; and
(cc) matters relating to delivery of
pharmaceutical products and medical surgical
products, including delivery of such products
through the Consolidated Mail Outpatient
Pharmacy of the Department of Veterans
Affairs, to the Freely Associated States;
(II) clarify the authority of the Secretary of
Veterans Affairs to pay for tort claims as set forth
under subparagraph (C); and
(III) clarify authority and responsibility on any
other matters determined relevant by the Secretary of Veterans Affairs or the governments of
the Freely Associated States.
(ii) SCOPE OF AGREEMENTS.—The agreements
described in clause (i) shall incorporate, to the extent
practicable, the applicable laws of the Freely Associated States and define the care and services that can
be legally provided by the Secretary of Veterans Affairs
in the Freely Associated States.
(iii) REPORT TO CONGRESS.—
(I) IN GENERAL.—Not later than 90 days after
entering into an agreement described in clause
(i), the Secretary of Veterans Affairs shall submit
the agreement to the appropriate committees of
Congress.
(II) APPROPRIATE COMMITTEES OF CONGRESS
DEFINED.—In this clause, the term ‘‘appropriate
committees of Congress’’ means—
(aa) the Committee on Energy and Natural Resources, the Committee on Foreign
Relations, and the Committee on Veterans’
Affairs of the Senate; and
H. R. 4366—417
(bb) the Committee on Natural Resources,
the Committee on Foreign Affairs, and the
Committee on Veterans’ Affairs of the House
of Representatives.
(B) LICENSURE OF HEALTH CARE PROFESSIONALS PROVIDING TREATMENT VIA TELEMEDICINE IN THE FREELY ASSOCIATED STATES.—Section 1730C(a) of title 38, United States
Code, is amended by striking ‘‘any State’’ and inserting
‘‘any State or any of the Freely Associated States (as
defined in section 1724(f) of this title)’’.
(C) PAYMENT OF CLAIMS.—The Secretary of Veterans
Affairs may pay tort claims, in the manner authorized
in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in the Freely Associated States in connection with furnishing hospital care
or medical services or providing medical consultation or
medical advice to a veteran under the laws administered
by the Secretary, including through a remote or telehealth
program.
(5) OUTREACH AND ASSESSMENT OF OPTIONS.—During the
1-year period beginning on the date of enactment of this Act,
the Secretary of Veterans Affairs shall, subject to the availability of appropriations—
(A) conduct robust outreach to, and engage with, each
government of the Freely Associated States;
(B) assess options for the delivery of care through
the use of authorities provided pursuant to the amendments made by this subsection; and
(C) increase staffing as necessary to conduct outreach
under subparagraph (A).
(b) AUTHORIZATION OF EDUCATION PROGRAMS.—
(1) ELIGIBILITY.—For fiscal year 2024 and each fiscal year
thereafter, the Government of the United States shall—
(A) continue to make available to the Federated States
of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau, grants for services to individuals
eligible for such services under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411 et seq.)
to the extent that those services continue to be available
to individuals in the United States;
(B) continue to make available to the Federated States
of Micronesia and the Republic of the Marshall Islands
and make available to the Republic of Palau, competitive
grants under the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), and part D of the Individuals with Disabilities
Education Act (20 U.S.C. 1450 et seq.), to the extent that
those grants continue to be available to State and local
governments in the United States;
(C) continue to make grants available to the Republic
of Palau under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.),
the Adult Education and Family Literacy Act (29 U.S.C.
3271 et seq.), and the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.);
H. R. 4366—418
(D) continue to make available to eligible institutions
of higher education in the Republic of Palau and make
available to eligible institutions of higher education in the
Federated States of Micronesia and the Republic of the
Marshall Islands and to students enrolled in those institutions of higher education, and to students who are citizens
of the Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of Palau and
enrolled in institutions of higher education in the United
States and territories of the United States, grants under—
(i) subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq.);
(ii) subpart 3 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq.); and
(iii) part C of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087–51 et seq.);
(E) require, as a condition of eligibility for a public
institution of higher education in any State (as defined
in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003)) that is not a Freely Associated State to
participate in or receive funds under any program under
title IV of such Act (20 U.S.C. 1070 et seq.), that the
institution charge students who are citizens of the Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau tuition for attendance
at a rate that is not greater than the rate charged for
residents of the State in which such public institution
of higher education is located; and
(F) continue to make available, to eligible institutions
of higher education, secondary schools, and nonprofit
organizations in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau,
competitive grants under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.).
(2) OTHER FORMULA GRANTS.—Except as provided in paragraph (1), the Secretary of Education shall not make a grant
under any formula grant program administered by the Department of Education to the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau.
(3) GRANTS TO THE FREELY ASSOCIATED STATES UNDER PART
B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—
Section 611(b)(1) of the Individuals with Disabilities Education
Act (20 U.S.C. 1411(b)(1)) is amended by striking subparagraph
(A) and inserting the following:
‘‘(A) FUNDS RESERVED.—From the amount appropriated
for any fiscal year under subsection (i), the Secretary shall
reserve not more than 1 percent, which shall be used
as follows:
‘‘(i) To provide assistance to the outlying areas
in accordance with their respective populations of
individuals aged 3 through 21.
‘‘(ii)(I) To provide each freely associated State a
grant so that no freely associated State receives a
lesser share of the total funds reserved for the freely
associated State than the freely associated State
received of those funds for fiscal year 2023.
H. R. 4366—419
‘‘(II) Each freely associated State shall establish its
eligibility under this subparagraph consistent with the
requirements for a State under section 612.
‘‘(III) The funds provided to each freely associated State
under this part may be used to provide, to each infant
or toddler with a disability (as defined in section 632),
either a free appropriate public education, consistent with
section 612, or early intervention services consistent with
part C, notwithstanding the application and eligibility
requirements of sections 634(2), 635, and 637.’’.
(4) TECHNICAL AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is
amended—
(A) by striking subparagraph (A) of section 1121(b)(1)
(20 U.S.C. 6331(b)(1)) and inserting the following:
‘‘(A) first reserve $1,000,000 for the Republic of Palau,
subject to such terms and conditions as the Secretary may
establish, except that Public Law 95–134, permitting the
consolidation of grants, shall not apply; and’’; and
(B) in section 8101 (20 U.S.C. 7801), by amending
paragraph (36) to read as follows:
‘‘(36) OUTLYING AREA.—The term ‘outlying area’—
‘‘(A) means American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the United
States Virgin Islands; and
‘‘(B) for the purpose of any discretionary grant program
under this Act, includes the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau, to the extent that any such grant program continues to be available to State and local governments in the United States.’’.
(5) TECHNICAL AMENDMENT TO THE COMPACT OF FREE
ASSOCIATION AMENDMENTS ACT OF 2003.—Section 105(f)(1)(B)
of the Compact of Free Association Amendments Act of 2003
(48 U.S.C. 1921d(f)(1)(B)) is amended by striking clause (ix).
(6) HEAD START PROGRAMS.—
(A) DEFINITIONS.—Section 637 of the Head Start Act
(42 U.S.C. 9832) is amended, in the paragraph defining
the term ‘‘State’’, by striking the second sentence and
inserting ‘‘The term ‘State’ includes the Federated States
of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau.’’.
(B) ALLOTMENT OF FUNDS.—Section 640(a)(2)(B) of the
Head Start Act (42 U.S.C. 9835(a)(2)(B)) is amended—
(i) in clause (iv), by inserting ‘‘the Republic of
Palau,’’ before ‘‘and the Virgin Islands’’; and
(ii) by amending clause (v) to read as follows:
‘‘(v) if a base grant has been established through
appropriations for the Federated States of Micronesia
or the Republic of the Marshall Islands, to provide
an amount for that jurisdiction (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base
grants for such jurisdiction under this subchapter for
the prior fiscal year, by allotting to each agency
H. R. 4366—420
described in this clause an amount equal to that
agency’s base grant for the prior fiscal year; and’’.
(7) COORDINATION REQUIRED.—The Secretary of the
Interior, in coordination with the Secretary of Education and
the Secretary of Health and Human Services, as applicable,
shall, to the maximum extent practicable, coordinate with the
3 United States appointees to the Joint Economic Management
Committee described in section 205(b)(1) and the 2 United
States appointees to the Joint Economic Management and
Financial Accountability Committee described in section
206(d)(1) to avoid duplication of economic assistance for education provided under section 261(a)(1) of the 2023 Amended
U.S.-FSM Compact or section 261(a)(1) of the 2023 Amended
U.S.-RMI Compact of activities or services provided under—
(A) the Head Start Act (42 U.S.C. 9831 et seq.);
(B) subpart 3 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.); or
(C) part C of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087–51 et seq.).
(c) AUTHORIZATION OF DEPARTMENT OF DEFENSE PROGRAMS.—
(1) DEPARTMENT OF DEFENSE MEDICAL FACILITIES.—The
Secretary of Defense shall make available, on a space available
and reimbursable basis, the medical facilities of the Department
of Defense for use by citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic
of Palau, who are properly referred to the facilities by government authorities responsible for provision of medical services
in the Federated States of Micronesia, the Republic of the
Marshall Islands, the Republic of Palau, and the affected jurisdictions (as defined in section 104(e)(2) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921c(e)(2))).
(2) PARTICIPATION BY SECONDARY SCHOOLS IN THE ARMED
SERVICES VOCATIONAL APTITUDE BATTERY STUDENT TESTING PROGRAM.—It is the sense of Congress that the Department of
Defense may extend the Armed Services Vocational Aptitude
Battery (ASVAB) Student Testing Program and the ASVAB
Career Exploration Program to selected secondary schools in
the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the extent such
programs are available to Department of Defense dependent
secondary schools established under section 2164 of title 10,
United States Code, and located outside the United States.
(d) JUDICIAL TRAINING.—In addition to amounts provided under
section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and
the 2023 Amended U.S.-RMI Compact and under subsections (a)
and (b) of Article 1 of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal years 2024 through 2043, the Secretary
of the Interior shall use the amounts made available to the Secretary of the Interior under section 211(c) to train judges and
officials of the judiciary in the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau,
in cooperation with the Pacific Islands Committee of the judicial
council of the ninth judicial circuit of the United States.
(e) ELIGIBILITY FOR THE REPUBLIC OF PALAU.—
(1) NATIONAL HEALTH SERVICE CORPS.—The Secretary of
Health and Human Services shall make the services of the
National Health Service Corps available to the residents of
H. R. 4366—421
the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the same extent,
and for the same duration, as services are authorized to be
provided to persons residing in any other areas within or outside the United States.
(2) ADDITIONAL PROGRAMS AND SERVICES.—The Republic
of Palau shall be eligible for the programs and services made
available to the Federated States of Micronesia and the
Republic of the Marshall Islands under section 108(a) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921g(a)).
(3) PROGRAMS AND SERVICES OF CERTAIN AGENCIES.—In
addition to the programs and services set forth in the operative
Federal Programs and Services Agreement between the United
States and the Republic of Palau, the programs and services
of the following agencies shall be made available to the Republic
of Palau:
(A) The Legal Services Corporation.
(B) The Public Health Service.
(C) The Rural Housing Service.
(f) COMPACT IMPACT FAIRNESS.—
(1) IN GENERAL.—Section 402 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612) is amended—
(A) in subsection (a)(2), by adding at the end the following:
‘‘(N) EXCEPTION FOR CITIZENS OF FREELY ASSOCIATED
STATES.—With respect to eligibility for benefits for any
specified Federal program, paragraph (1) shall not apply
to any individual who lawfully resides in the United States
in accordance with section 141 of the Compacts of Free
Association between the Government of the United States
and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.’’; and
(B) in subsection (b)(2)(G)—
(i) in the subparagraph heading, by striking ‘‘MEDICAID EXCEPTION FOR’’ and inserting ‘‘EXCEPTION FOR’’;
and
(ii) by striking ‘‘the designated Federal program
defined in paragraph (3)(C) (relating to the Medicaid
program)’’ and inserting ‘‘any designated Federal program’’.
(2) EXCEPTION TO 5-YEAR WAIT REQUIREMENT.—Section
403(b)(3) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1613(b)(3)) is amended
by striking ‘‘, but only with respect to the designated Federal
program defined in section 402(b)(3)(C)’’.
(3) DEFINITION OF QUALIFIED ALIEN.—Section 431(b)(8) of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) is amended by striking
‘‘, but only with respect to the designated Federal program
defined in section 402(b)(3)(C) (relating to the Medicaid program)’’.
(g) CONSULTATION WITH INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury, in coordination with the
Secretary of the Interior and the Secretary of State, shall consult
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with appropriate officials of the Asian Development Bank and relevant international financial institutions (as defined in section
1701(c) of the International Financial Institutions Act (22 U.S.C.
262r(c))), as appropriate, with respect to overall economic conditions
in, and the activities of other providers of assistance to, the Freely
Associated States.
(h) CHIEF OF MISSION.—Section 105(b) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(b)) is
amended by striking paragraph (5) and inserting the following:
‘‘(5) Pursuant to section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927), all United States Government executive branch employees in the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of Palau
fall under the authority of the respective applicable chief of
mission, except for employees identified as excepted from the
authority under Federal law or by Presidential directive.’’.
(i) ESTABLISHMENT OF A UNIT FOR THE FREELY ASSOCIATED
STATES IN THE BUREAU OF EAST ASIAN AND PACIFIC AFFAIRS OF
THE DEPARTMENT OF STATE AND INCREASING PERSONNEL FOCUSED
ON OCEANIA.—
(1) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term ‘‘appropriate congressional
committees’’ means the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives.
(2) REQUIREMENTS.—The Secretary of State shall—
(A) assign additional full-time equivalent personnel to
the Office of Australia, New Zealand, and Pacific Island
Affairs of the Bureau of East Asian and Pacific Affairs
of the Department of State, including to the unit established under subparagraph (B), as the Secretary of State
determines to be appropriate, in accordance with paragraph
(4)(A); and
(B) establish a unit in the Bureau of East Asian and
Pacific Affairs of the Department of State to carry out
the functions described in paragraph (3).
(3) FUNCTIONS OF UNIT.—The unit established under paragraph (2)(B) shall be responsible for the following:
(A) Managing the bilateral and regional relations with
the Freely Associated States.
(B) Supporting the Secretary of State in leading negotiations relating to the Compacts of Free Association with
the Freely Associated States.
(C) Coordinating, in consultation with the Department
of the Interior, the Department of Defense, and other interagency partners as appropriate, implementation of the
Compacts of Free Association with the Freely Associated
States.
(4) FULL-TIME EQUIVALENT EMPLOYEES.—The Secretary of
State shall—
(A) not later than 5 years after the date of enactment
of this Act, assign to the Office of Australia, New Zealand,
and Pacific Island Affairs of the Bureau of East Asian
and Pacific Affairs, including to the unit established under
paragraph (2)(B), not less than 4 additional full-time
equivalent staff, who shall not be dual-hatted, including
by considering—
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(i) the use of existing flexible hiring authorities,
including Domestic Employees Teleworking Overseas
(DETOs); and
(ii) the realignment of existing personnel, including
from the United States Mission in Australia, as appropriate;
(B) reduce the number of vacant foreign service positions in the Pacific Island region by establishing an incentive program within the Foreign Service for overseas positions related to the Pacific Island region; and
(C) report to the appropriate congressional committees
on progress toward objectives outlined in this subsection
beginning 1 year from the date of the enactment of this
Act and annually thereafter for 5 years.
(j) TECHNICAL ASSISTANCE.—Section 105 of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d) is amended
by striking subsection (j) and inserting the following:
‘‘(j) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—Technical assistance may be provided
pursuant to section 224 of the 2023 Amended U.S.-FSM Compact, section 224 of the 2023 Amended U.S.-RMI Compact,
or section 222 of the U.S.-Palau Compact (as those terms are
defined in section 203 of the Compact of Free Association
Amendments Act of 2024) by Federal agencies and institutions
of the Government of the United States to the extent the
assistance shall be provided to States, territories, or units of
local government.
‘‘(2) HISTORIC PRESERVATION.—
‘‘(A) IN GENERAL.—Any technical assistance authorized
under paragraph (1) that is provided by the Forest Service,
the Natural Resources Conservation Service, the United
States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, the Advisory
Council on Historic Preservation, the Department of the
Interior, or any other Federal agency providing assistance
under division A of subtitle III of title 54, United States
Code, may be provided on a nonreimbursable basis.
‘‘(B) GRANTS.—During the period in which the 2023
Amended U.S.-FSM Compact (as so defined) and the 2023
Amended U.S.-RMI Compact (as so defined) are in force,
the grant programs under division A of subtitle III of
title 54, United States Code, shall continue to apply to
the Federated States of Micronesia and the Republic of
the Marshall Islands in the same manner and to the same
extent as those programs applied prior to the approval
of the U.S.-FSM Compact and U.S.-RMI Compact.
‘‘(3) ADDITIONAL FUNDS.—Any funds provided pursuant to
this subsection, subsections (c), (g), (h), (i), (k), (l), and (m),
section 102(a), and subsections (a), (b), (f), (g), (h), and (j)
of section 103 shall be in addition to, and not charged against,
any amounts to be paid to the Federated States of Micronesia
or the Republic of the Marshall Islands pursuant to—
‘‘(A) the U.S.-FSM Compact;
‘‘(B) the U.S.-RMI Compact; or
‘‘(C) any related subsidiary agreement.’’.
(k) CONTINUING TRUST TERRITORY AUTHORIZATION.—The
authorization provided by the Act of June 30, 1954 (68 Stat. 330,
H. R. 4366—424
chapter 423), shall remain available after the effective date of
the 2023 Amended U.S.-FSM Compact and the 2023 Amended
U.S.-RMI Compact with respect to the Federated States of Micronesia and the Republic of the Marshall Islands for transition purposes, including—
(1) completion of projects and fulfillment of commitments
or obligations;
(2) termination of the Trust Territory Government and
termination of the High Court;
(3) health and education as a result of exceptional circumstances;
(4) ex gratia contributions for the populations of Bikini,
Enewetak, Rongelap, and Utrik; and
(5) technical assistance and training in financial management, program administration, and maintenance of infrastructure.
(l) TECHNICAL AMENDMENTS.—
(1) PUBLIC HEALTH SERVICE ACT DEFINITION.—Section 2(f)
of the Public Health Service Act (42 U.S.C. 201(f)) is amended
by striking ‘‘and the Trust Territory of the Pacific Islands’’
and inserting ‘‘the Federated States of Micronesia, the Republic
of the Marshall Islands, and the Republic of Palau’’.
(2) COMPACT IMPACT AMENDMENTS.—Section 104(e) of the
Compact of Free Association Amendments Act of 2003 (48
U.S.C. 1921c(e)) is amended—
(A) in paragraph (4)—
(i) in subparagraph (A), by striking ‘‘beginning in
fiscal year 2003’’ and inserting ‘‘during the period of
fiscal years 2003 through 2023’’; and
(ii) in subparagraph (C), by striking ‘‘after fiscal
year 2003’’ and inserting ‘‘for the period of fiscal years
2004 through 2023’’;
(B) by striking paragraph (5); and
(C) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
SEC. 210. ADDITIONAL AUTHORITIES.
(a) AGENCIES, DEPARTMENTS, AND INSTRUMENTALITIES.—
(1) IN GENERAL.—Appropriations to carry out the obligations, services, and programs described in paragraph (2) shall
be made directly to the Federal agencies, departments, and
instrumentalities carrying out the obligations, services and programs.
(2) OBLIGATIONS, SERVICES, AND PROGRAMS DESCRIBED.—
The obligations, services, and programs referred to in paragraphs (1) and (3) are the obligations, services, and programs
under—
(A) sections 131 and 132, paragraphs (1) and (3)
through (6) of section 221(a), and section 221(b) of the
2023 Amended U.S.-FSM Compact;
(B) sections 131 and 132, paragraphs (1) and (3)
through (6) of section 221(a), and section 221(b) of the
2023 Amended U.S.-RMI Compact;
(C) sections 131 and 132 and paragraphs (1), (3), and
(4) of section 221(a) of the U.S.-Palau Compact;
(D) Article 6 of the 2023 U.S.-Palau Compact Review
Agreement; and
H. R. 4366—425
(E) section 209.
(3) AUTHORITY.—The heads of the Federal agencies, departments, and instrumentalities to which appropriations are made
available under paragraph (1) as well as the Federal Deposit
Insurance Corporation shall—
(A) have the authority to carry out any activities that
are necessary to fulfill the obligations, services, and programs described in paragraph (2); and
(B) use available funds to carry out the activities under
subparagraph (A).
(b) ADDITIONAL ASSISTANCE.—Any assistance provided pursuant
to section 105(j) of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921d(j)) (as amended by section 209(j))
and sections 205(a), 206(a), 207(b), and 209 shall be in addition
to and not charged against any amounts to be paid to the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau pursuant to—
(1) the 2023 Amended U.S.-FSM Compact;
(2) the 2023 Amended U.S.-RMI Compact;
(3) the 2023 U.S.-Palau Compact Review Agreement; or
(4) any related subsidiary agreement.
(c) REMAINING BALANCES.—Notwithstanding any other provision of law, including section 109 of the Compact of Free Association
Amendments Act of 2003 (48 U.S.C. 1921h)—
(1) remaining balances appropriated to carry out sections
211, 212(b), 215, and 217 of the 2023 Amended U.S.-FSM
Compact, shall be programmed pursuant to Article IX of the
2023 U.S.-FSM Fiscal Procedures Agreement; and
(2) remaining balances appropriated to carry out sections
211, 213(b), 216, and 218 of the 2023 Amended U.S.-RMI Compact, shall be programmed pursuant to Article XI of the 2023
U.S.-RMI Fiscal Procedures Agreement.
(d) GRANTS.—Notwithstanding any other provision of law—
(1) contributions under the 2023 Amended U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review Agreement, and
the 2023 Amended U.S.-RMI Compact may be provided as
grants for purposes of implementation of the 2023 Amended
U.S.-FSM Compact, the 2023 U.S.-Palau Compact Review
Agreement, and the 2023 Amended U.S.-RMI Compact under
the laws of the United States; and
(2) funds appropriated pursuant to section 211 may be
deposited in interest-bearing accounts and any interest earned
may be retained in and form part of those accounts for use
consistent with the purpose of the deposit.
(e) RULE OF CONSTRUCTION.—Except as specifically provided,
nothing in this title or the amendments made by this title amends
the following:
(1) Title I of the Compact of Free Association Act of 1985
(48 U.S.C. 1901 et seq.).
(2) Title I of Public Law 99–658 (48 U.S.C. 1931 et seq.).
(3) Title I of the Compact of Free Association Amendments
Act of 2003 (48 U.S.C. 1921 et seq.).
(4) Section 1259C of the National Defense Authorization
Act for Fiscal Year 2018 (48 U.S.C. 1931 note; Public Law
115–91).
H. R. 4366—426
(5) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2018 (Public Law 115–
141; 132 Stat. 635).
(f) CLARIFICATION RELATING TO APPROPRIATED FUNDS.—Notwithstanding section 109 of the Compacts of Free Association
Amendments Act of 2003 (48 U.S.C. 1921h)—
(1) funds appropriated by that section and deposited into
the RMI Compact Trust Fund shall be governed by the 2023
U.S.-RMI Trust Fund Agreement on entry into force of the
2023 U.S.-RMI Trust Fund Agreement;
(2) funds appropriated by that section and deposited into
the FSM Compact Trust Fund shall be governed by the 2023
U.S.-FSM Trust Fund Agreement on entry into force of the
2023 U.S.-FSM Trust Fund Agreement;
(3) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants
to carry out the purposes of section 211(b) of the 2003 U.S.RMI Amended Compact shall be subject to the provisions of
the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into
force of the 2023 U.S.-RMI Fiscal Procedures Agreement;
(4) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants
to carry out the purposes of section 221 of the 2003 U.S.RMI Amended Compact shall be subject to the provisions of
the 2023 U.S.-RMI Fiscal Procedures Agreement on entry into
force of the 2023 U.S.-RMI Fiscal Procedures Agreement, except
as modified in the Federal Programs and Services Agreement
in force between the United States and the Republic of the
Marshall Islands; and
(5) funds appropriated by that section and made available
for fiscal year 2024 or any fiscal year thereafter as grants
to carry out the purposes of section 221 of the 2003 U.S.FSM Amended Compact shall be subject to the provisions of
the 2023 U.S.-FSM Fiscal Procedures Agreement on entry into
force of the 2023 U.S.-FSM Fiscal Procedures Agreement, except
as modified in the 2023 U.S.-FSM Federal Programs and Services Agreement.
SEC. 211. COMPACT APPROPRIATIONS.
(a) FUNDING FOR ACTIVITIES OF THE SECRETARY OF THE
INTERIOR.—For the period of fiscal years 2024 through 2043, there
are appropriated to the Compact of Free Association account of
the Department of the Interior, out of any funds in the Treasury
not otherwise appropriated, to remain available until expended,
the amounts described in and to carry out the purposes of—
(1) sections 261, 265, and 266 of the 2023 Amended U.S.FSM Compact;
(2) sections 261, 265, and 266 of the 2023 Amended U.S.RMI Compact; and
(3) Articles 1, 2, and 3 of the 2023 U.S.-Palau Compact
Review Agreement.
(b) FUNDING FOR ACTIVITIES OF THE UNITED STATES POSTAL
SERVICE.—
(1) APPROPRIATION.—There is appropriated to the United
States Postal Service, out of any funds in the Treasury not
otherwise appropriated for each of fiscal years 2024 through
2043, $31,700,000, to remain available until expended, to carry
H. R. 4366—427
out the costs of the following provisions that are not otherwise
funded:
(A) Section 221(a)(2) of the 2023 Amended U.S.-FSM
Compact.
(B) Section 221(a)(2) of the 2023 Amended U.S.-RMI
Compact.
(C) Section 221(a)(2) of the U.S.-Palau Compact.
(D) Article 6(a) of the 2023 U.S.-Palau Compact Review
Agreement.
(2) DEPOSIT.—
(A) IN GENERAL.—The amounts appropriated to the
United States Postal Service under paragraph (1) shall
be deposited into the Postal Service Fund established under
section 2003 of title 39, United States Code, to carry out
the provisions described in that paragraph.
(B) REQUIREMENT.—Any amounts deposited into the
Postal Service Fund under subparagraph (A) shall be the
fiduciary, fiscal, and audit responsibility of the Postal
Service.
(c) FUNDING FOR JUDICIAL TRAINING.—There is appropriated
to the Secretary of the Interior to carry out section 209(d) out
of any funds in the Treasury not otherwise appropriated, $550,000
for each of fiscal years 2024 through 2043, to remain available
until expended.
(d) TREATMENT OF PREVIOUSLY APPROPRIATED AMOUNTS.—The
total amounts made available to the Government of the Federated
States of Micronesia and the Government of the Republic of the
Marshall Islands under subsection (a) shall be reduced by amounts
made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands,
as applicable, under section 2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions Act (Public Law 118–15;
137 Stat. 81) (as amended by section 101 of division B of the
Further Continuing Appropriations and Other Extensions Act, 2024
(Public Law 118–22; 137 Stat. 114) and section 201 of the Further
Additional Continuing Appropriations and Other Extensions Act,
2024 (Public Law 118–35; 138 Stat. 7)).
TITLE III—EXTENSIONS AND OTHER
MATTERS
SEC. 301. EXTENSION OF UNDETECTABLE FIREARMS ACT OF 1988.
Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18
U.S.C. 922 note; Public Law 100–649) is amended by striking ‘‘35
years after the effective date of this Act’’ and inserting ‘‘on March
8, 2031’’.
SEC. 302. UNITED STATES PAROLE COMMISSION EXTENSION.
(a) SHORT TITLE.—This section may be cited as the ‘‘United
States Parole Commission Additional Extension Act of 2024’’.
(b) AMENDMENT OF SENTENCING REFORM ACT OF 1984.—For
purposes of section 235(b) of the Sentencing Reform Act of 1984
(18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such
section relates to chapter 311 of title 18, United States Code,
and the United States Parole Commission, each reference in such
section to ‘‘36 years and 129 days’’ or ‘‘36-year and 129-day period’’
H. R. 4366—428
shall be deemed a reference to ‘‘36 years and 335 days’’ or ‘‘36year and 335-day period’’, respectively.
SEC. 303. EXTENSION OF CERTAIN DIRECT SPENDING REDUCTIONS.
Section 251A(6)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)(D)) is amended—
(1) in clause (i), by striking ‘‘7’’ and inserting ‘‘8’’; and
(2) in clause (ii), by striking ‘‘5’’ and inserting ‘‘4’’.
TITLE IV—BUDGETARY EFFECTS
SEC. 401. BUDGETARY EFFECTS.
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-YouGo Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained
for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division shall not be estimated—
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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File Modified | 2024-03-11 |
File Created | 2024-03-05 |