[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1102 Engrossed in House (EH)]
<DOC>
H. Res. 1102
In the House of Representatives, U. S.,
March 22, 2024.
Resolved, That upon the adoption of this resolution:
(1) The chair of the Committee on Appropriations may insert in the
Congressional Record not later than March 26, 2024, such material as she
may deem explanatory of the Senate amendment and the text proposed to be
inserted by this resolution; and
(2) The House shall be considered to have taken from the Speaker's
table the bill, H.R. 2882, with the Senate amendment thereto, and to
have concurred in the Senate amendment with the following amendment:
In lieu of the matter proposed to be inserted by the Senate amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Further Consolidated Appropriations Act,
2024''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2024
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024
Title I--Legislative Branch
Title II--General Provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2024
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION G--OTHER MATTERS
Title I--Extensions and Other Matters
Title II--Udall Foundation Reauthorization
Title III--Funding Limitation for United Nations Relief and Works
Agency
Title IV--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this Act''
contained in any division of this Act shall be treated as referring only to the
provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House section
of the Congressional Record on or about March 22, 2024, and submitted by the
chair of the Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and implementation of divisions A
through F of this Act as if it were a joint explanatory statement of a committee
of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending September 30,
2024.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or repurposed,
rescinded, or transferred, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be made
under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C.
4501) (relating to cost of living adjustments for Members of Congress) during
fiscal year 2024.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on deposits,
gratuities, permanent change of station travel (including all expenses thereof
for organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation cadets; for
members of the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $50,041,206,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on deposits,
gratuities, permanent change of station travel (including all expenses thereof
for organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for
members of the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $36,707,388,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on deposits,
gratuities, permanent change of station travel (including all expenses thereof
for organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $15,268,629,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on deposits,
gratuities, permanent change of station travel (including all expenses thereof
for organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active duty (except
members of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund, $36,204,130,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on deposits,
gratuities, permanent change of station travel (including all expenses thereof
for organizational movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Space Force on active duty and
cadets; for members of the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund, $1,256,973,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for personnel of the Army Reserve on active duty under sections 10211,
10302, and 7038 of title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military Retirement
Fund, $5,367,436,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for personnel of the Navy Reserve on active duty under section 10211 of
title 10, United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund, $2,472,718,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for personnel of the Marine Corps Reserve on active duty under section
10211 of title 10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $878,928,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for personnel of the Air Force Reserve on active duty under sections
10211, 10305, and 9038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $2,428,553,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for personnel of the Army National Guard while on duty under sections
10211, 10302, or 12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$9,791,213,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and related
expenses for personnel of the Air National Guard on duty under sections 10211,
10305, or 12402 of title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for payments to
the Department of Defense Military Retirement Fund, $5,272,165,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the operation and
maintenance of the Army, as authorized by law, $58,604,854,000: Provided, That
not to exceed $12,478,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the Secretary of the
Army, and payments may be made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the operation and
maintenance of the Navy and the Marine Corps, as authorized by law,
$71,972,007,000: Provided, That not to exceed $15,055,000 may be used for
emergencies and extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be made upon the
Secretary's certificate of necessity for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the operation and
maintenance of the Marine Corps, as authorized by law, $10,184,529,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the operation and
maintenance of the Air Force, as authorized by law, $61,471,101,000: Provided,
That not to exceed $7,699,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the Secretary of the
Air Force, and payments may be made upon the Secretary's certificate of
necessity for confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the operation and
maintenance of the Space Force, as authorized by law, $4,895,818,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the operation and
maintenance of activities and agencies of the Department of Defense (other than
the military departments), as authorized by law, $52,599,068,000: Provided,
That not more than $2,981,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States Code: Provided
further, That not to exceed $36,000,000 may be used for emergencies and
extraordinary expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon the Secretary's certificate
of necessity for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $55,000,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $5,000,000 shall be available for centers with
eligible entities defined in 10 U.S.C. 4951(1)(D): Provided further, That none
of the funds appropriated or otherwise made available by this Act may be used to
plan or implement the consolidation of a budget or appropriations liaison office
of the Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed Forces into
a legislative affairs or legislative liaison office: Provided further, That of
the funds provided under this heading, $3,000,000, to remain available until
September 30, 2025, shall be available only for expenses relating to certain
classified activities: Provided further, That of the funds provided under this
heading, $25,968,000, to remain available until expended, shall be available
only for expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the same time period
as the appropriations to which transferred: Provided further, That any ceiling
on the investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the preceding
proviso: Provided further, That of the funds provided under this heading,
$2,356,915,000, of which $1,406,346,000, to remain available until September 30,
2025, shall be available to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense security
cooperation programs: Provided further, That the Secretary of Defense shall
provide quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made available in
this paragraph: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided elsewhere
in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip Fund'',
$397,950,000, to remain available until September 30, 2025: Provided, That such
funds shall be available to the Secretary of Defense in coordination with the
Secretary of State, to provide assistance, including training; equipment;
logistics support, supplies, and services; stipends; infrastructure repair and
renovation; construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria, and their affiliated or associated groups:
Provided further, That amounts made available under this heading shall be
available to provide assistance only for activities in a country designated by
the Secretary of Defense, in coordination with the Secretary of State, as having
a security mission to counter the Islamic State of Iraq and Syria, and following
written notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall ensure that
prior to providing assistance to elements of any forces or individuals, such
elements or individuals are appropriately vetted, including at a minimum,
assessing such elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of law: Provided
further, That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided further,
That the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government of Iraq
and other entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited to this Fund, to
remain available until expended, and used for such purposes: Provided further,
That the Secretary of Defense shall prioritize such contributions when providing
any assistance for construction for facility fortification: Provided further,
That the Secretary of Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and 40A of the Arms
Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that
such provision of law would prohibit, restrict, delay or otherwise limit the
provision of such assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the Committees on
Appropriations and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of Representatives: Provided
further, That the United States may accept equipment procured using funds
provided under this heading that was transferred to security forces, irregular
forces, or groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by such forces or
groups to the United States, and such equipment may be treated as stocks of the
Department of Defense upon written notification to the congressional defense
committees: Provided further, That equipment procured using funds provided
under this heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter the Islamic
State of Iraq and Syria may be treated as stocks of the Department of Defense
when determined by the Secretary to no longer be required for transfer to such
forces or groups and upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and sustainment provided to
each group or individual, the area of operations for each group, and the
contributions of other countries, groups, or individuals: Provided further,
That of the funds provided under this heading for stipends for foreign security
forces, irregular forces, groups, or individuals participating, or preparing to
participate in activities to counter ISIS in Syria, fifty percent shall not be
available for obligation or expenditure until the Secretary of Defense reports
to the Committees on Appropriations of the House of Representatives and the
Senate that measures are in place to ensure accountability of such funds:
Provided further, That stipend support for the Kurdish Peshmerga may only be
reduced commensurate with support provided from other sources, including Iraqi
national funds.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the operation and
maintenance, including training, organization, and administration, of the Army
Reserve; repair of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications, $3,562,714,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the operation and
maintenance, including training, organization, and administration, of the Navy
Reserve; repair of facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications, $1,370,710,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the operation and
maintenance, including training, organization, and administration, of the Marine
Corps Reserve; repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruiting; procurement
of services, supplies, and equipment; and communications, $325,395,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the operation and
maintenance, including training, organization, and administration, of the Air
Force Reserve; repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruiting; procurement
of services, supplies, and equipment; and communications, $4,005,756,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army National
Guard, including medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, and repairs to structures and
facilities; hire of passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division, regimental, and
battalion commanders while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of supplies and
equipment (including aircraft), $8,611,897,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air National
Guard, including medical and hospital treatment and related expenses in non-
Federal hospitals; maintenance, operation, and repairs to structures and
facilities; transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized by law; expenses
for repair, modification, maintenance, and issue of supplies and equipment,
including those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal duty, for
Air National Guard commanders while inspecting units in compliance with National
Guard Bureau regulations when specifically authorized by the Chief, National
Guard Bureau, $7,335,405,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of Appeals
for the Armed Forces, $16,620,000, of which not to exceed $10,000 may be used
for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $241,860,000, to remain available until
transferred: Provided, That the Secretary of the Army shall, upon determining
that such funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the
Department of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $410,240,000, to remain available until
transferred: Provided, That the Secretary of the Navy shall, upon determining
that such funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the
Department of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $384,744,000, to remain available until
transferred: Provided, That the Secretary of the Air Force shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Air Force, or for similar purposes, transfer the
funds made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,965,000, to remain available until
transferred: Provided, That the Secretary of Defense shall, upon determining
that such funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the
Department of Defense, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $232,806,000, to remain available until
transferred: Provided, That the Secretary of the Army shall, upon determining
that such funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made available by
this appropriation to other appropriations made available to the Department of
the Army, to be merged with and to be available for the same purposes and for
the same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid
programs of the Department of Defense (consisting of the programs provided under
sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code),
$142,500,000, to remain available until September 30, 2025.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by grants,
under programs and activities of the Department of Defense Cooperative Threat
Reduction Program authorized under the Department of Defense Cooperative Threat
Reduction Act, $350,999,000, to remain available until September 30, 2026.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development Account,
$64,977,000: Provided, That no other amounts may be otherwise credited or
transferred to the Account, or deposited into the Account, in fiscal year 2024
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and modernization
of aircraft, equipment, including ordnance, ground handling equipment, spare
parts, and accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$3,287,997,000, to remain available for obligation until September 30, 2026.
Missile Procurement, Army
For construction, procurement, production, modification, and modernization
of missiles, equipment, including ordnance, ground handling equipment, spare
parts, and accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$4,622,213,000, to remain available for obligation until September 30, 2026.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of weapons and
tracked combat vehicles, equipment, including ordnance, spare parts, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $4,244,226,000, to remain
available for obligation until September 30, 2026.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of ammunition,
and accessories therefor; specialized equipment and training devices; expansion
of public and private plants, including ammunition facilities, authorized by
section 2854 of title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$2,943,574,000, to remain available for obligation until September 30, 2026.
Other Procurement, Army
For construction, procurement, production, and modification of vehicles,
including tactical, support, and non-tracked combat vehicles; the purchase of
passenger motor vehicles for replacement only; communications and electronic
equipment; other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $8,626,297,000, to remain
available for obligation until September 30, 2026.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and modernization
of aircraft, equipment, including ordnance, spare parts, and accessories
therefor; specialized equipment; expansion of public and private plants,
including the land necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway, $19,826,909,000, to remain available for obligation until
September 30, 2026.
Weapons Procurement, Navy
For construction, procurement, production, modification, and modernization
of missiles, torpedoes, other weapons, and related support equipment including
spare parts, and accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway, $5,876,828,000, to remain available for obligation until
September 30, 2026.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of ammunition,
and accessories therefor; specialized equipment and training devices; expansion
of public and private plants, including ammunition facilities, authorized by
section 2854 of title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$1,161,205,000, to remain available for obligation until September 30, 2026.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or conversion of
vessels as authorized by law, including armor and armament thereof, plant
equipment, appliances, and machine tools and installation thereof in public and
private plants; reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and designs for
vessels to be constructed or converted in the future; and expansion of public
and private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Columbia Class Submarine, $2,443,598,000;
Columbia Class Submarine (AP), $3,390,734,000;
Carrier Replacement Program (CVN-80), $1,104,421,000;
Carrier Replacement Program (CVN-81), $800,492,000;
Virginia Class Submarine, $7,129,965,000;
Virginia Class Submarine (AP), $3,158,782,000;
CVN Refueling Overhauls (AP), $488,446,000;
DDG-1000 Program, $392,892,000;
DDG-51 Destroyer, $4,499,179,000;
DDG-51 Destroyer (AP), $1,641,335,000;
FFG-Frigate, $2,183,861,000;
LPD Flight II (AP), $500,000,000;
LHA Replacement, $1,830,149,000;
TAO Fleet Oiler, $815,420,000;
TAGOS Surtass Ship, $513,466,000;
LCU 1700, $62,532,000;
Ship to Shore Connector, $585,000,000;
Service Craft, $93,815,000;
Auxiliary Personnel Lighter, $72,000,000;
LCAC SLEP, $15,286,000;
Auxiliary Vessels, $142,008,000;
For outfitting, post delivery, conversions, and first destination
transportation, $512,019,000; and
Completion of Prior Year Shipbuilding Programs, $1,290,093,000.
In all: $33,665,493,000, to remain available for obligation until September
30, 2028: Provided, That additional obligations may be incurred after September
30, 2028, for engineering services, tests, evaluations, and other such budgeted
work that must be performed in the final stage of ship construction: Provided
further, That none of the funds provided under this heading for the construction
or conversion of any naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds provided
under this heading shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That funds appropriated or otherwise made
available by this Act for Columbia Class Submarine (AP) may be available for the
purposes authorized by subsections (f), (g), (h) or (i) of section 2218a of
title 10, United States Code, only in accordance with the provisions of the
applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment and
materials not otherwise provided for, Navy ordnance (except ordnance for new
aircraft, new ships, and ships authorized for conversion); the purchase of
passenger motor vehicles for replacement only; expansion of public and private
plants, including the land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and contractor-
owned equipment layaway, $14,385,665,000, to remain available for obligation
until September 30, 2026: Provided, That such funds are also available for the
maintenance, repair, and modernization of ships under a pilot program
established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and modification of
missiles, armament, military equipment, spare parts, and accessories therefor;
plant equipment, appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; vehicles for the Marine Corps, including the purchase of
passenger motor vehicles for replacement only; and expansion of public and
private plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to approval
of title, $3,904,532,000, to remain available for obligation until September 30,
2026.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and equipment,
including armor and armament, specialized ground handling equipment, and
training devices, spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and transportation
of things, $20,828,306,000, to remain available for obligation until September
30, 2026.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles, rockets, and
related equipment, including spare parts and accessories therefor; ground
handling equipment, and training devices; expansion of public and private
plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,693,647,000, to remain
available for obligation until September 30, 2026.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of ammunition,
and accessories therefor; specialized equipment and training devices; expansion
of public and private plants, including ammunition facilities, authorized by
section 2854 of title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$589,943,000, to remain available for obligation until September 30, 2026.
Other Procurement, Air Force
For procurement and modification of equipment (including ground guidance and
electronic control equipment, and ground electronic and communication
equipment), and supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for replacement only;
lease of passenger motor vehicles; and expansion of public and private plants,
Government-owned equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-owned
equipment layaway, $31,327,131,000, to remain available for obligation until
September 30, 2026.
Procurement, Space Force
For construction, procurement, and modification of spacecraft, rockets, and
related equipment, including spare parts and accessories therefor; ground
handling equipment, and training devices; expansion of public and private
plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,064,948,000, to remain
available for obligation until September 30, 2026.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense (other
than the military departments) necessary for procurement, production, and
modification of equipment, supplies, materials, and spare parts therefor, not
otherwise provided for; the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $6,392,675,000, to remain
available for obligation until September 30, 2026.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections 108, 301,
302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532,
and 4533), $587,905,000, to remain available for obligation until September 30,
2028, which shall be obligated and expended by the Secretary of Defense as if
delegated the necessary authorities conferred by the Defense Production Act of
1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and support
vehicles; other weapons; and other procurement items for the reserve components
of the Armed Forces, $1,000,000,000, to remain available for obligation until
September 30, 2026: Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after enactment of this Act,
individually submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve component:
Provided further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation, lease,
and operation of facilities and equipment, $17,115,037,000, to remain available
for obligation until September 30, 2025.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation, lease,
and operation of facilities and equipment, $27,964,807,000, to remain available
for obligation until September 30, 2025: Provided, That funds appropriated in
this paragraph which are available for the V-22 may be used to meet unique
operational requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation, lease,
and operation of facilities and equipment, $47,340,416,000, to remain available
for obligation until September 30, 2025.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation, lease,
and operation of facilities and equipment, $18,669,844,000, to remain available
until September 30, 2025.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense (other
than the military departments), necessary for basic and applied scientific
research, development, test and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities and equipment,
$36,892,886,000, to remain available for obligation until September 30, 2025.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the independent
activities of the Director, Operational Test and Evaluation, in the direction
and supervision of operational test and evaluation, including initial
operational test and evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation; and
administrative expenses in connection therewith, $337,489,000, to remain
available for obligation until September 30, 2025.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,786,779,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health care
programs of the Department of Defense as authorized by law, $39,898,624,000; of
which $36,639,695,000 shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation until September 30,
2025, and of which up to $19,757,403,000 may be available for contracts entered
into under the TRICARE program; of which $381,881,000, to remain available for
obligation until September 30, 2026, shall be for procurement; and of which
$2,877,048,000, to remain available for obligation until September 30, 2025,
shall be for research, development, test and evaluation: Provided, That of the
funds provided under this heading for research, development, test and
evaluation, not less than $1,509,000,000 shall be made available to the Defense
Health Agency to carry out the congressionally directed medical research
programs: Provided further, That, notwithstanding any other provision of law,
of the amount made available under this heading for research, development, test
and evaluation, not less than $12,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted primarily
in African nations: Provided further, That the Secretary of Defense shall
submit to the congressional defense committees quarterly reports on the current
status of the electronic health record program: Provided further, That the
Comptroller General of the United States shall perform quarterly performance
reviews of the electronic health record program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the destruction of
the United States stockpile of lethal chemical agents and munitions in
accordance with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon stockpile,
$1,091,844,000, of which $89,284,000 shall be for operation and maintenance, of
which not less than $57,875,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $23,676,000 for activities on military
installations and $34,199,000, to remain available until September 30, 2025, to
assist State and local governments; and $1,002,560,000, to remain available
until September 30, 2025, shall be for research, development, test and
evaluation, of which $1,000,467,000 shall only be for the Assembled Chemical
Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department of
Defense, for transfer to appropriations available to the Department of Defense
for military personnel of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and maintenance; for
procurement; and for research, development, test and evaluation, $1,177,061,000,
of which $702,962,000 shall be for counter-narcotics support; $138,313,000 shall
be for the drug demand reduction program; $305,786,000 shall be for the National
Guard counter-drug program; and $30,000,000 shall be for the National Guard
counter-drug schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period and for the
same purpose as the appropriation to which transferred: Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act: Provided further, That
funds appropriated under this heading may be used to support a new start program
or project only after written prior notification to the Committees on
Appropriations of the House of Representatives and the Senate.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as amended,
$528,565,000, of which $524,067,000 shall be for operation and maintenance, of
which not to exceed $700,000 is available for emergencies and extraordinary
expenses to be expended upon the approval or authority of the Inspector General,
and payments may be made upon the Inspector General's certificate of necessity
for confidential military purposes; of which $1,098,000, to remain available for
obligation until September 30, 2026, shall be for procurement; and of which
$3,400,000, to remain available until September 30, 2025, shall be for research,
development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and Disability
System Fund, to maintain the proper funding level for continuing the operation
of the Central Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management Account,
$625,419,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes not authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law prohibiting
the payment of compensation to, or employment of, any person not a citizen of
the United States shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this Act shall not be
at a rate in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate in
excess of the percentage increase provided by the appropriate host nation to its
own employees, whichever is higher: Provided further, That this section shall
not apply to Department of Defense foreign service national employees serving at
United States diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year, unless expressly so
provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this Act which
are limited for obligation during the current fiscal year shall be obligated
during the last 2 months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such action
is necessary in the national interest, the Secretary may, with the approval of
the Director of the Office of Management and Budget, transfer not to exceed
$6,000,000,000 of working capital funds of the Department of Defense or funds
made available in this Act to the Department of Defense for military functions
(except military construction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used unless
for higher priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided further, That the
Secretary of Defense shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be available to prepare or
present a request to the Committees on Appropriations of the House of
Representatives and the Senate for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further, That a request for
multiple reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2024: Provided further, That transfers among military
personnel appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs, projects, and
activities (and the dollar amounts and adjustments to budget activities
corresponding to such programs, projects, and activities) contained in the
tables titled Explanation of Project Level Adjustments in the explanatory
statement regarding this Act and the tables contained in the classified annex
accompanying this Act, the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects, and
activities for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in subsection (a)
shall not be treated as subdivisions of appropriations for purposes of section
8005 of this Act: Provided, That section 8005 of this Act shall apply when
transfers of the amounts described in subsection (a) occur between appropriation
accounts, subject to the limitation in subsection (c): Provided further, That
the transfer amount limitation provided in section 8005 of this Act shall not
apply to transfers of amounts described in subsection (a) if such transfers are
necessary for the proper execution of such funds.
(c) During the current fiscal year, amounts specified in the referenced
tables in titles III and IV of this Act described in subsection (a) may not be
transferred pursuant to section 8005 of this Act other than for proper execution
of such amounts, as provided in subsection (b).
Sec. 8007. (a) Not later than 60 days after the date of the enactment of
this Act, the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2024: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to display
the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation both by budget
activity and program, project, and activity as detailed in the Budget
Appendix; and
(3) an identification of items of special congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the funds provided in
this Act shall be available for reprogramming or transfer until the report
identified in subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in writing to the
congressional defense committees that such reprogramming or transfer is
necessary as an emergency requirement: Provided, That this subsection shall not
apply to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities, Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in working capital
funds of the Department of Defense established pursuant to section 2208 of title
10, United States Code, may be maintained in only such amounts as are necessary
at any time for cash disbursements to be made from such funds: Provided, That
transfers may be made between such funds: Provided further, That transfers may
be made between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of Defense, with
the approval of the Director of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense has notified the
Congress of the proposed transfer: Provided further, That except in amounts
equal to the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or increase
the value of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to initiate a
special access program without prior notification 30 calendar days in advance to
the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be available to
initiate: (1) a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year of the contract or that
includes an unfunded contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified at least 30 days
in advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is not funded
at least to the limits of the Government's liability: Provided further, That no
part of any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component thereof if the
value of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement contract
can be terminated without 30-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear authority shall
require the use of a present value analysis to determine lowest cost compared to
an annual procurement: Provided further, That none of the funds provided in
this Act may be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the contract
and, in the case of a contract for procurement of aircraft, that
includes, for any aircraft unit to be procured through the contract for
which procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such unit in that
fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered under
the contract;
(3) the contract provides that payments to the contractor under the
contract shall not be made in advance of incurred costs on funded units;
and
(4) the contract does not provide for a price adjustment based on a
failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts as follows: Naval Strike Missile; Guided Multiple Launch
Rocket System; PATRIOT Advanced Capability-3 Missile Segment Enhancement; Long
Range Anti-Ship Missile; Joint Air-to-Surface Standoff Missile; Advanced Medium-
Range Air-to-Air Missile; and USS Virginia Class (SSN-774).
Sec. 8011. Within the funds appropriated for the operation and maintenance
of the Armed Forces, funds are hereby appropriated pursuant to section 401 of
title 10, United States Code, for humanitarian and civic assistance costs under
chapter 20 of title 10, United States Code: Provided, That such funds may also
be obligated for humanitarian and civic assistance costs incidental to
authorized operations and pursuant to authority granted in section 401 of title
10, United States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided further, That funds
available for operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by Public Law 99-239:
Provided further, That upon a determination by the Secretary of the Army that
such action is beneficial for graduate medical education programs conducted at
Army medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern Mariana Islands,
the Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report on
excessive contractor payments that exceed the thresholds established in 10
U.S.C. chapter 271 ``Truthful Cost or Pricing Data (Truth in Negotiations)'' or
41 U.S.C. chapter 35 ``Truthful Cost or Pricing Data'' and with respect to which
none of the exceptions to certified cost or pricing data requirements apply.
(b) The report required by subsection (a) shall also include the following:
(1) The amounts collected, adjusted, or offset from contractors as a
result of providing defective cost and pricing data;
(2) The mechanisms used to identify violations of 10 U.S.C. chapter
271 or 41 U.S.C. chapter 35;
(3) Disciplinary actions taken by the Department of Defense when
violations of 10 U.S.C. chapter 271 or 41 U.S.C. chapter 35 are
identified, regardless of whether they are included in the System for
Award Management; and
(4) Any referrals made to the Department of Justice.
Sec. 8013. None of the funds made available by this Act shall be used in
any way, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before the Congress.
Sec. 8014. None of the funds available in this Act to the Department of
Defense, other than appropriations made for necessary or routine refurbishments,
upgrades, or maintenance activities, shall be used to reduce or to prepare to
reduce the number of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to Congress in
accordance with section 1042 of the National Defense Authorization Act for
Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to any
other appropriation contained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agreement pursuant to section
4902 of title 10, United States Code, under the authority of this provision or
any other transfer authority contained in this Act.
(b) The Secretary of Defense shall include with the budget justification
documents in support of the budget for fiscal year 2025 (as submitted to
Congress pursuant to section 1105 of title 31, United States Code) a description
of each transfer under this section that occurred during the last fiscal year
before the fiscal year in which such budget is submitted.
Sec. 8016. None of the funds in this Act may be available for the purchase
by the Department of Defense (and its departments and agencies) of welded
shipboard anchor and mooring chain unless the anchor and mooring chain are
manufactured in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of this
section, the term ``manufactured'' shall include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall be considered to be
produced or manufactured in the United States if the aggregate cost of the
components produced or manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of the
Service responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that such an acquisition must be made in
order to acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be used for the
support of any nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and wine
are procured within that State, or in the case of the District of Columbia,
within the District of Columbia, in which the military installation is located:
Provided, That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the installation is
located: Provided further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State: Provided
further, That alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be procured from the most
competitive source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of Defense may be
used to demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles,
.22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not otherwise
prohibited from commercial sale under Federal law, unless the small arms
ammunition or ammunition components are certified by the Secretary of the Army
or designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any single
relocation of an organization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such a
relocation is required in the best interest of the Government.
Sec. 8020. Of the funds made available in this Act under the heading
``Procurement, Defense-Wide'', $25,169,000 shall be available only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier
that makes a subcontract award to any subcontractor or supplier as defined in
section 1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9) of
title 25, United States Code, shall be considered a contractor for the purposes
of being allowed additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or
subcontract amount is over $500,000 and involves the expenditure of funds
appropriated by an Act making appropriations for the Department of Defense with
respect to any fiscal year: Provided further, That notwithstanding section 1906
of title 41, United States Code, this section shall be applicable to any
Department of Defense acquisition of supplies or services, including any
contract and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or supplier
defined in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law, the Secretary of
the Air Force may convey at no cost to the Air Force, without consideration, to
Indian tribes located in the States of Nevada, Idaho, North Dakota, South
Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain
Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the Air
Force, military housing units under subsection (a) in accordance with the
request for such units that are submitted to the Secretary by the Operation
Walking Shield Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition that the
housing units shall be removed within a reasonable period of time, as determined
by the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts among
requests of Indian tribes for housing units under subsection (a) before
submitting requests to the Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized Indian
tribe included on the current list published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense under the
heading ``Operation and Maintenance, Defense-Wide'', not less than $12,000,000
may be made available only for the mitigation of environmental impacts,
including training and technical assistance to tribes, related administrative
support, the gathering of information, documenting of environmental damage, and
developing a system for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media Activity
shall not be used for any national or international political or psychological
activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund, Army'',
$120,000,000 shall be available to maintain competitive rates at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less than
$69,000,000 shall be available for the Civil Air Patrol Corporation, of which--
(1) $55,100,000 shall be available from ``Operation and Maintenance,
Air Force'' to support Civil Air Patrol Corporation operation and
maintenance, readiness, counter-drug activities, and drug demand
reduction activities involving youth programs;
(2) $11,900,000 shall be available from ``Aircraft Procurement, Air
Force''; and
(3) $2,000,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for any funds
used by the Civil Air Patrol for counter-drug activities in support of Federal,
State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are available to
establish a new Department of Defense (department) federally funded research and
development center (FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or as a nonprofit
membership corporation consisting of a consortium of other FFRDCs and other
nonprofit entities.
(b) Except when acting in a technical advisory capacity, no member of a
Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel,
Visiting Committee, or any similar entity of a defense FFRDC, or any entity that
contracts with the Federal government to manage or operate one or more FFRDCs,
or any paid consultant to a defense FFRDC shall receive funds appropriated by
this Act as compensation for services as a member of such entity: Provided,
That a member of any such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties: Provided further, That except when acting in
a technical advisory capacity, no paid consultant shall receive funds
appropriated by this Act as compensation by more than one FFRDC in a calendar
year.
(c) Notwithstanding any other provision of law, none of the funds available
to the department from any source during the current fiscal year may be used by
a defense FFRDC, through a fee or other payment mechanism, for construction of
new buildings not located on a military installation, for payment of cost
sharing for projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds available to
the department during fiscal year 2024, not more than $2,857,803,000 may be
funded for professional technical staff-related costs of the defense FFRDCs:
Provided, That within such funds, not more than $456,803,000 shall be available
for the defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National Intelligence
Program and the Military Intelligence Program: Provided further, That the
Secretary of Defense shall, with the submission of the department's fiscal year
2025 budget request, submit a report presenting the specific amounts of staff
years of technical effort to be allocated for each defense FFRDC by program
during that fiscal year and the associated budget estimates, by appropriation
account and program.
(e) Notwithstanding any other provision of this Act, the total amount
appropriated in this Act for FFRDCs is hereby reduced by $27,197,000: Provided,
That this subsection shall not apply to appropriations for the National
Intelligence Program and Military Intelligence Program.
Sec. 8027. For the purposes of this Act, the term ``congressional defense
committees'' means the Armed Services Committee of the House of Representatives,
the Armed Services Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the Senate.
Sec. 8028. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on Intelligence
of the House of Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the
House of Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8029. During the current fiscal year, the Department of Defense may
acquire the modification, depot maintenance and repair of aircraft, vehicles and
vessels as well as the production of components and other Defense-related
articles, through competition between Department of Defense depot maintenance
activities and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power of
delegation, shall certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids: Provided
further, That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8030. (a) None of the funds appropriated in this Act may be expended by
an entity of the Department of Defense unless the entity, in expending the
funds, complies with the Buy American Act. For purposes of this subsection, the
term ``Buy American Act'' means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been convicted
of intentionally affixing a label bearing a ``Made in America'' inscription to
any product sold in or shipped to the United States that is not made in America,
the Secretary shall determine, in accordance with section 4658 of title 10,
United States Code, whether the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products purchased with appropriations
provided under this Act, it is the sense of the Congress that any entity of the
Department of Defense, in expending the appropriation, purchase only American-
made equipment and products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely fashion.
Sec. 8031. None of the funds appropriated or made available in this Act
shall be used to procure carbon, alloy, or armor steel plate for use in any
Government-owned facility or property under the control of the Department of
Defense which were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to any and all Federal
Supply Class 9515, American Society of Testing and Materials (ASTM) or American
Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military department
responsible for the procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after consultation with the
United States Trade Representative, determines that a foreign country which is
party to an agreement described in paragraph (2) has violated the terms of the
agreement by discriminating against certain types of products produced in the
United States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with respect to
such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal defense
procurement memorandum of understanding, between the United States and a foreign
country pursuant to which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a report on the
amount of Department of Defense purchases from foreign entities in fiscal year
2024. Such report shall separately indicate the dollar value of items for which
the Buy American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or
any international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may be used for the
procurement of ball and roller bearings other than those produced by a domestic
source and of domestic origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate, that adequate domestic supplies
are not available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability for
national security purposes: Provided further, That this restriction shall not
apply to the purchase of ``commercial products'', as defined by section 103 of
title 41, United States Code, except that the restriction shall apply to ball or
roller bearings purchased as end items.
Sec. 8034. In addition to any other funds made available for such purposes,
there is appropriated $50,000,000, for an additional amount for the ``National
Defense Stockpile Transaction Fund'', to remain available until September 30,
2026, for activities pursuant to the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.): Provided, That none of the funds provided
under this section may be obligated or expended until 30 days after the
Secretary of Defense provides the Committees on Appropriations of the House of
Representatives and the Senate a detailed execution plan for such funds.
Sec. 8035. None of the funds in this Act may be used to purchase any
supercomputer which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense committees that such
an acquisition must be made in order to acquire capability for national security
purposes that is not available from United States manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-case basis, waive
with respect to a foreign country each limitation on the procurement of defense
items from foreign sources provided in law if the Secretary determines that the
application of the limitation with respect to that country would invalidate
cooperative programs entered into between the Department of Defense and the
foreign country, or would invalidate reciprocal trade agreements for the
procurement of defense items entered into under section 4851 of title 10, United
States Code, and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the date of
the enactment of this Act; and
(2) options for the procurement of items that are exercised after
such date under contracts that are entered into before such date if the
option prices are adjusted for any reason other than the application of
a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding construction of
public vessels, ball and roller bearings, food, and clothing or textile
materials as defined by section XI (chapters 50-65) of the Harmonized Tariff
Schedule of the United States and products classified under headings 4010, 4202,
4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act, or any subsequent
Act making appropriations for the Department of Defense, may be used for the
purchase or manufacture of a flag of the United States unless such flags are
treated as covered items under section 4862(b) of title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery Account
shall be available until expended for the payments specified by section
2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may be used
to purchase items having an investment item unit cost of not more than $350,000:
Provided, That upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a Combatant
Command engaged in a named contingency operation overseas, such funds may be
used to purchase items having an investment item unit cost of not more than
$500,000.
Sec. 8040. Up to $16,809,000 of the funds appropriated under the heading
``Operation and Maintenance, Navy'' may be made available for the Asia Pacific
Regional Initiative Program for the purpose of enabling the United States Indo-
Pacific Command to execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces: Provided, That funds made
available for this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance or combined
exercise expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from receiving
such type of assistance under any other provision of law.
Sec. 8041. The Secretary of Defense shall issue regulations to prohibit the
sale of any tobacco or tobacco-related products in military resale outlets in
the United States, its territories and possessions at a price below the most
competitive price in the local community: Provided, That such regulations shall
direct that the prices of tobacco or tobacco-related products in overseas
military retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the appropriations or
funds available to the Department of Defense Working Capital Funds shall be used
for the purchase of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the current fiscal year or a
subsequent fiscal year to customers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal year to
appropriations made to the Department of Defense for procurement.
(b) The fiscal year 2025 budget request for the Department of Defense as
well as all justification material and other documentation supporting the fiscal
year 2025 Department of Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified as an end item and
funded in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2025 procurement appropriation and not in the
supply management business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for programs of the
Central Intelligence Agency shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September 30, 2025: Provided,
That funds appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or any
prior or subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central Intelligence
Agency for advanced research and development acquisition, for agent operations,
and for covert action programs authorized by the President under section 503 of
the National Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2025: Provided further, That any funds appropriated or
transferred to the Central Intelligence Agency for the construction,
improvement, or alteration of facilities, including leased facilities, to be
used primarily by personnel of the intelligence community, shall remain
available until September 30, 2026.
Sec. 8044. (a) Except as provided in subsections (b) and (c), none of the
funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or civilian
employee of the department who is transferred or reassigned from a
headquarters activity if the member or employee's place of duty remains
at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive
the limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the waiver will reduce the
personnel requirements or the financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National Intelligence
Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices, and,
as determined by the Secretary of the Army, other similar threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to integrate
common biometric technologies throughout the Department of Defense; or
(4) an Air Force field operating agency established to administer
the Air Force Mortuary Affairs Program and Mortuary Operations for the
Department of Defense and authorized Federal entities.
Sec. 8045. (a) None of the funds appropriated by this Act shall be available
to convert to contractor performance an activity or function of the Department
of Defense that, on or after the date of the enactment of this Act, is performed
by Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for performance
of the activity or function, the cost of performance of the activity or
function by a contractor would be less costly to the Department of
Defense by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal that
would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a) of this
section or subsection (a), (b), or (c) of section 2461 of title 10, United
States Code, and notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into a contract for
the performance of any commercial or industrial type function of the Department
of Defense that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency for
other severely handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a qualified firm
under at least 51 percent ownership by an Indian tribe, as defined in
section 4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined
in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of Defense
under the authority provided by this section shall be credited toward any
competitive or outsourcing goal, target, or measurement that may be established
by statute, regulation, or policy and is deemed to be awarded under the
authority of, and in compliance with, subsection (h) of section 2304 of title
10, United States Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985:
``Cooperative Threat Reduction Account'', 2022/2024, $75,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'', 2022/
2024, $1,900,000;
``Other Procurement, Army'', 2022/2024, $54,681,000;
``Aircraft Procurement, Navy'', 2022/2024, $1,428,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2022/2024,
$1,012,000;
``Shipbuilding and Conversion, Navy: T-AGOS'', 2022/2026,
$158,300,000;
``Procurement, Marine Corps'', 2022/2024, $7,100,000;
``Aircraft Procurement, Air Force'', 2022/2024, $83,261,000;
``Procurement, Defense-Wide'', 2022/2024, $204,000;
``Operation and Maintenance, Defense-Wide'', 2023/2024, $85,000,000;
``Counter-ISIS Train and Equip Fund'', 2023/2024, $50,000,000;
``Aircraft Procurement, Army'', 2023/2025, $3,372,000;
``Missile Procurement, Army'', 2023/2025, $2,713,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'', 2023/
2025, $10,372,000;
``Other Procurement, Army'', 2023/2025, $63,028,000;
``Procurement of Ammunition, Army'', 2023/2025, $3,223,000;
``Aircraft Procurement, Navy'', 2023/2025, $319,745,000;
``Weapons Procurement, Navy'', 2023/2025, $50,000,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2023/2025,
$2,262,000;
``Shipbuilding and Conversion, Navy: DDG-51 Advance Procurement'',
2023/2027, $77,300,000;
``Shipbuilding and Conversion, Navy: LPD Flight II Advance
Procurement'', 2023/2027, $250,000,000;
``Other Procurement, Navy'', 2023/2025, $89,101,000;
``Procurement, Marine Corps'', 2023/2025, $158,550,000;
``Aircraft Procurement, Air Force'', 2023/2025, $282,762,000;
``Other Procurement, Air Force'', 2023/2025, $37,100,000;
``Procurement, Space Force'', 2023/2025, $80,487,000;
``Procurement, Defense-Wide'', 2023/2025, $34,326,000;
``Research, Development, Test and Evaluation, Army'', 2023/2024,
$29,850,000;
``Research, Development, Test and Evaluation, Navy'', 2023/2024,
$136,705,000;
``Research, Development, Test and Evaluation, Air Force'', 2023/
2024, $112,324,000;
``Research, Development, Test and Evaluation, Space Force'', 2023/
2024, $96,878,000; and
``Research, Development, Test and Evaluation, Defense-Wide'', 2023/
2024, $237,538,000.
Sec. 8047. None of the funds available in this Act may be used to reduce
the authorized positions for military technicians (dual status) of the Army
National Guard, Air National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian personnel ceiling,
freeze, or reduction on military technicians (dual status), unless such
reductions are a direct result of a reduction in military force structure.
Sec. 8048. None of the funds appropriated or otherwise made available in
this Act may be obligated or expended for assistance to the Democratic People's
Republic of Korea unless specifically appropriated for that purpose: Provided,
That this restriction shall not apply to any activities incidental to the
Defense POW/MIA Accounting Agency mission to recover and identify the remains of
United States Armed Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8049. In this fiscal year and each fiscal year thereafter, funds
appropriated for operation and maintenance of the Military Departments,
Combatant Commands and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the National
Guard and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National Intelligence
Program and the Military Intelligence Program: Provided, That nothing in this
section authorizes deviation from established Reserve and National Guard
personnel and training procedures.
Sec. 8050. (a) None of the funds available to the Department of Defense for
any fiscal year for drug interdiction or counter-drug activities may be
transferred to any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency for any
fiscal year for drug interdiction or counter-drug activities may be transferred
to any other department or agency of the United States except as specifically
provided in an appropriations law.
Sec. 8051. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act, $49,000,000 is hereby appropriated to the
Department of Defense: Provided, That upon the determination of the Secretary
of Defense that it shall serve the national interest, the Secretary shall make
grants in the amounts specified as follows: $24,000,000 to the United Service
Organizations and $25,000,000 to the Red Cross.
Sec. 8052. Notwithstanding any other provision in this Act, the Small
Business Innovation Research program and the Small Business Technology Transfer
program set-asides shall be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural budget. The Secretary
of each military department, the Director of each Defense Agency, and the head
of each other relevant component of the Department of Defense shall submit to
the congressional defense committees, concurrent with submission of the budget
justification documents to Congress pursuant to section 1105 of title 31, United
States Code, a report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology Transfer program
set-asides taken from programs, projects, or activities within such department,
agency, or component during the most recently completed fiscal year.
Sec. 8053. None of the funds available to the Department of Defense under
this Act shall be obligated or expended to pay a contractor under a contract
with the Department of Defense for costs of any amount paid by the contractor to
an employee when--
(1) such costs are for a bonus or otherwise in excess of the normal
salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8054. During the current fiscal year, no more than $30,000,000 of
appropriations made in this Act under the heading ``Operation and Maintenance,
Defense-Wide'' may be transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available for the same time
period as the appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible organizations and
activities outside the Department of Defense pursuant to section 2012 of title
10, United States Code.
Sec. 8055. (a) Notwithstanding any other provision of law, the Chief of the
National Guard Bureau may permit the use of equipment of the National Guard
Distance Learning Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to funds
available for the National Guard Distance Learning Project and be available to
defray the costs associated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes without fiscal year
limitation.
Sec. 8056. (a) None of the funds appropriated or otherwise made available by
this or prior Acts may be obligated or expended to retire, prepare to retire, or
place in storage or on backup aircraft inventory status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to an individual C-
40 aircraft that the Secretary of the Air Force determines, on a case-by-case
basis, to be no longer mission capable due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that an aircraft is no
longer mission capable, the Secretary shall submit to the congressional defense
committees a certification in writing that the status of such aircraft is due to
a Class A mishap and not due to lack of maintenance, repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense committees a
report on the necessary steps taken by the Department of Defense to meet the
travel requirements for official or representational duties of members of
Congress and the Cabinet in fiscal years 2024 and 2025.
Sec. 8057. (a) None of the funds appropriated in title IV of this Act may be
used to procure end-items for delivery to military forces for operational
training, operational use, or inventory requirements: Provided, That this
restriction does not apply to end-items used in development, prototyping in
accordance with an approved test strategy, and test activities preceding and
leading to acceptance for operational use.
(b) If the number of end-items budgeted with funds appropriated in title IV
of this Act exceeds the number required in an approved test strategy, the Under
Secretary of Defense (Research and Engineering) and the Under Secretary of
Defense (Acquisition and Sustainment), in coordination with the responsible
Service Acquisition Executive, shall certify in writing to the congressional
defense committees that there is a bonafide need for the additional end-items at
the time of submittal to Congress of the budget of the President for fiscal year
2025 pursuant to section 1105 of title 31, United States Code: Provided, That
this restriction does not apply to programs funded within the National
Intelligence Program.
(c) The Secretary of Defense shall, at the time of the submittal to Congress
of the budget of the President for fiscal year 2025 pursuant to section 1105 of
title 31, United States Code, submit to the congressional defense committees a
report detailing the use of funds requested in research, development, test and
evaluation accounts for end-items used in development, prototyping and test
activities preceding and leading to acceptance for operational use: Provided,
That the report shall set forth, for each end item covered by the preceding
proviso, a detailed list of the statutory authorities under which amounts in the
accounts described in that proviso were used for such item: Provided further,
That the Secretary of Defense shall, at the time of the submittal to Congress of
the budget of the President for fiscal year 2025 pursuant to section 1105 of
title 31, United States Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2025 in research,
development, test and evaluation accounts are in compliance with this section:
Provided further, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Subcommittees on Defense of
the Committees on Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8058. None of the funds appropriated or otherwise made available by
this or other Department of Defense Appropriations Acts may be obligated or
expended for the purpose of performing repairs or maintenance to military family
housing units of the Department of Defense, including areas in such military
family housing units that may be used for the purpose of conducting official
Department of Defense business.
Sec. 8059. Notwithstanding any other provision of law, funds appropriated
in this Act under the heading ``Research, Development, Test and Evaluation,
Defense-Wide'' for any new start defense innovation acceleration or rapid
prototyping program demonstration project with a value of more than $5,000,000
may only be obligated 15 days after a report, including a description of the
project, the planned acquisition and transition strategy and its estimated
annual and total cost, has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying to the congressional defense committees
that it is in the national interest to do so.
Sec. 8060. The Secretary of Defense shall continue to provide a classified
quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8061. Notwithstanding section 12310(b) of title 10, United States
Code, a servicemember who is a member of the National Guard serving on full-time
National Guard duty under section 502(f) of title 32, United States Code, may
perform duties in support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8062. None of the funds provided in this Act may be used to transfer
to any nongovernmental entity ammunition held by the Department of Defense that
has a center-fire cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'', except to
an entity performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the satisfaction of
the Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used to
manufacture ammunition pursuant to a contract with the Department of Defense or
the manufacture of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department of State.
Sec. 8063. Notwithstanding any other provision of law, the Chief of the
National Guard Bureau, or their designee, may waive payment of all or part of
the consideration that otherwise would be required under section 2667 of title
10, United States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d) of title
32, United States Code, or any other youth, social, or fraternal nonprofit
organization as may be approved by the Chief of the National Guard Bureau, or
their designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8064. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Army'', $175,943,968 shall remain available until
expended: Provided, That, notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds to other activities of
the Federal Government: Provided further, That the Secretary of Defense is
authorized to enter into and carry out contracts for the acquisition of real
property, construction, personal services, and operations related to projects
carrying out the purposes of this section: Provided further, That contracts
entered into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided further,
That projects authorized by this section shall comply with applicable Federal,
State, and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8065. (a) None of the funds appropriated in this or any other Act may
be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a new
appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents supporting the
Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the merger of
programs or changes to the National Intelligence Program budget at or below the
Expenditure Center level, provided such change is otherwise in accordance with
paragraphs (1)-(3) of subsection (a).
(c) The Director of National Intelligence and the Secretary of Defense may
jointly, only for the purposes of achieving auditable financial statements and
improving fiscal reporting, study and develop detailed proposals for alternative
financial management processes. Such study shall include a comprehensive
counterintelligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under subsection (c),
the Director of National Intelligence and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting that
the proposed alternatives will help achieve auditability, improve fiscal
reporting, and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alternatives
and certifications to the congressional defense and intelligence
committees.
(including transfer of funds)
Sec. 8066. In addition to amounts made available elsewhere in this Act,
$100,000,000 is hereby appropriated to the Department of Defense and made
available for transfer to operation and maintenance accounts, procurement
accounts, and research, development, test and evaluation accounts only for those
efforts by the Commander, United States Africa Command or Commander, United
States Southern Command to expand cooperation, share operational information,
advance interoperability, or improve the capabilities of our allies and partners
in their areas of operation: Provided, That none of the funds provided under
this section may be obligated or expended until 30 days after the Secretary of
Defense provides to the congressional defense committees an execution plan:
Provided further, That not less than 15 days prior to any transfer of funds, the
Secretary of Defense shall notify the congressional defense committees of the
details of any such transfer: Provided further, That upon transfer, the funds
shall be merged with and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided further, That the
transfer authority provided under this section is in addition to any other
transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8067. During the current fiscal year, not to exceed $11,000,000 from
each of the appropriations made in title II of this Act for ``Operation and
Maintenance, Army'', ``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites pursuant to section
2493(d) of title 10, United States Code.
(including transfer of funds)
Sec. 8068. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to remain
available for obligation until expended: Provided, That notwithstanding any
other provision of law, that upon the determination of the Secretary of Defense
that it shall serve the national interest, these funds shall be available only
for a grant to the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated for ``Operation and Maintenance,
Navy'', up to $1,000,000 shall be available for transfer to the John C. Stennis
Center for Public Service Development Trust Fund established under section 116
of the John C. Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105).
Sec. 8070. None of the funds available to the Department of Defense may be
obligated to modify command and control relationships to give Fleet Forces
Command operational and administrative control of United States Navy forces
assigned to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain in force until a
written modification has been proposed to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That the
proposed modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not preclude
the ability of the commander of United States Indo-Pacific Command to meet
operational requirements.
Sec. 8071. Any notice that is required to be submitted to the Committees on
Appropriations of the House of Representatives and the Senate under section 3601
of title 10, United States Code, as added by section 804(a) of the James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023 shall be
submitted pursuant to that requirement concurrently to the Subcommittees on
Defense of the Committees on Appropriations of the House of Representatives and
the Senate.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the headings
``Procurement, Defense-Wide'' and ``Research, Development, Test and Evaluation,
Defense-Wide'', $500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $80,000,000 shall be for the Secretary of Defense
to provide to the Government of Israel for the procurement of the Iron Dome
defense system to counter short-range rocket threats, subject to the U.S.-Israel
Iron Dome Procurement Agreement, as amended; $127,000,000 shall be for the Short
Range Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program; $40,000,000 shall be
for co-production activities of SRBMD systems in the United States and in Israel
to meet Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-production agreement
for SRBMD, as amended; $80,000,000 shall be for an upper-tier component to the
Israeli Missile Defense Architecture, of which $80,000,000 shall be for co-
production activities of Arrow 3 Upper Tier systems in the United States and in
Israel to meet Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-production agreement
for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow
System Improvement Program including development of a long range, ground and
airborne, detection suite: Provided further, That the transfer authority
provided under this section is in addition to any other transfer authority
contained in this Act.
Sec. 8073. Of the amounts appropriated in this Act under the heading
``Shipbuilding and Conversion, Navy'', $1,290,093,000 shall be available until
September 30, 2024, to fund prior year shipbuilding cost increases for the
following programs:
(1) Under the heading ``Shipbuilding and Conversion, Navy'', 2013/
2024: Carrier Replacement Program, $624,600,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'', 2015/
2024: Virginia Class Submarine Program, $43,419,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'', 2016/
2024: Virginia Class Submarine Program, $100,115,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'', 2016/
2024: DDG 51 Program, $104,090,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'', 2017/
2024: Virginia Class Submarine Program, $24,646,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'', 2017/
2024: DDG 51 Program, $121,827,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'', 2017/
2024: LPD 17 Amphibious Transport Dock Program, $16,520,000;
(8) Under the heading ``Shipbuilding and Conversion, Navy'', 2018/
2024: Ship to Shore Connector Program, $43,600,000;
(9) Under the heading ``Shipbuilding and Conversion, Navy'', 2019/
2024: Littoral Combat Ship Program, $23,000,000;
(10) Under the heading ``Shipbuilding and Conversion, Navy'', 2019/
2024: T-AO Fleet Oiler Program, $27,060,000;
(11) Under the heading ``Shipbuilding and Conversion, Navy'', 2020/
2024: CVN Refueling Overhauls, $42,422,000;
(12) Under the heading ``Shipbuilding and Conversion, Navy'', 2020/
2024: T-AO Fleet Oiler Program, $93,250,000;
(13) Under the heading ``Shipbuilding and Conversion, Navy'', 2020/
2024: Towing, Salvage, and Rescue Ship Program, $1,150,000;
(14) Under the heading ``Shipbuilding and Conversion, Navy'', 2021/
2024: Towing, Salvage, and Rescue Ship Program, $21,809,000; and
(15) Under the heading ``Shipbuilding and Conversion, Navy'', 2022/
2024: T-AO Fleet Oiler Program, $2,585,000.
Sec. 8074. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities and intelligence-
related activities not otherwise authorized in the Intelligence Authorization
Act for Fiscal Year 2024 are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 3094).
Sec. 8075. None of the funds provided in this Act shall be available for
obligation or expenditure through a reprogramming of funds that creates or
initiates a new program, project, or activity unless such program, project, or
activity must be undertaken immediately in the interest of national security and
only after written prior notification to the congressional defense committees.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear armed
interceptors of a missile defense system.
Sec. 8077. None of the funds made available by this Act may be obligated or
expended for the purpose of decommissioning any Littoral Combat Ship, the USS
Germantown, or the USS Tortuga.
(including transfer of funds)
Sec. 8078. The Secretary of Defense may transfer funds from any available
Department of the Navy appropriation to any available Navy ship construction
appropriation for the purpose of liquidating necessary changes resulting from
inflation, market fluctuations, or rate adjustments for any ship construction
program appropriated in law: Provided, That the Secretary may transfer not to
exceed $20,000,000 under the authority provided by this section: Provided
further, That the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations of the
House of Representatives and the Senate, unless a response from the Committees
is received sooner: Provided further, That any funds transferred pursuant to
this section shall retain the same period of availability as when originally
appropriated: Provided further, That the transfer authority provided under this
section is in addition to any other transfer authority contained elsewhere in
this Act: Provided further, That the transfer authority provided by this
section expires on September 30, 2028.
Sec. 8079. None of the funds appropriated or made available in this Act
shall be used to reduce or disestablish the operation of the 53rd Weather
Reconnaissance Squadron of the Air Force Reserve, if such action would reduce
the WC-130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense requirements
during the non-hurricane season.
Sec. 8080. None of the funds provided in this Act shall be available for
integration of foreign intelligence information unless the information has been
lawfully collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to United States
persons shall only be handled in accordance with protections provided in the
Fourth Amendment of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8081. None of the funds appropriated by this Act for programs of the
Office of the Director of National Intelligence shall remain available for
obligation beyond the current fiscal year, except for funds appropriated for
research and technology, which shall remain available until September 30, 2025.
Sec. 8082. For purposes of section 1553(b) of title 31, United States Code,
any subdivision of appropriations made in this Act under the heading
``Shipbuilding and Conversion, Navy'' shall be considered to be for the same
purpose as any subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1 percent limitation
shall apply to the total amount of the appropriation.
Sec. 8083. (a) Not later than 60 days after the date of enactment of this
Act, the Director of National Intelligence shall submit a report to the
congressional intelligence committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2024: Provided, That
the report shall include--
(1) a table for each appropriation with a separate column to display
the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation by Expenditure
Center and project; and
(3) an identification of items of special congressional interest.
(b) None of the funds provided for the National Intelligence Program in this
Act shall be available for reprogramming or transfer until the report identified
in subsection (a) is submitted to the congressional intelligence committees,
unless the Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or transfer is
necessary as an emergency requirement.
Sec. 8084. Any transfer of amounts appropriated to the Department of
Defense Acquisition Workforce Development Account in or for fiscal year 2024 to
a military department or Defense Agency pursuant to section 1705(e)(1) of title
10, United States Code, shall be covered by and subject to section 8005 of this
Act.
Sec. 8085. (a) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds in
accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of $10,000,000 or
more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in advance of
such reprogramming of funds; this notification period may be reduced for
urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program in this
or any prior appropriations Act shall be available for obligation or expenditure
through a reprogramming or transfer of funds in accordance with section 102A(d)
of the National Security Act of 1947 (50 U.S.C. 3024(d)) that results in a
cumulative increase or decrease of the levels specified in the classified annex
accompanying the Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds; this notification
period may be reduced for urgent national security requirements.
Sec. 8086. (a) 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.
Sec. 8087. (a) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract for an amount in excess of
$1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of employment,
that the employee or independent contractor agree to resolve through
arbitration any claim under title VII of the Civil Rights Act of 1964 or
any tort related to or arising out of sexual assault or harassment,
including assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring, supervision, or
retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates that
the employee or independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964 or any tort
related to or arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by this Act
may be expended for any Federal contract unless the contractor certifies that it
requires each covered subcontractor to agree not to enter into, and not to take
any action to enforce any provision of, any agreement as described in paragraphs
(1) and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For purposes of this
subsection, a ``covered subcontractor'' is an entity that has a subcontract in
excess of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) The Secretary of Defense may waive the application of subsection (a) or
(b) to a particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to national security
interests of the United States, and that the term of the contract or subcontract
is not longer than necessary to avoid such harm. The determination shall set
forth with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered in lieu
of a waiver and the reasons each such alternative would not avoid harm to
national security interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination under
this subsection not less than 15 business days before the contract or
subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8088. From within the funds appropriated for operation and maintenance
for the Defense Health Program in this Act, up to $172,000,000, shall be
available for transfer to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance with the provisions of
section 1704 of the National Defense Authorization Act for Fiscal Year 2010,
Public Law 111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A. Lovell
Federal Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting facilities
designated as a combined Federal medical facility as described by section 706 of
Public Law 110-417: Provided further, That additional funds may be transferred
from funds appropriated for operation and maintenance for the Defense Health
Program to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund upon written notification by the Secretary
of Defense to the Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 8089. None of the funds appropriated or otherwise made available by
this Act may be used by the Department of Defense or a component thereof in
contravention of the provisions of section 130h of title 10, United States Code.
Sec. 8090. Notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles, appropriations available to the
Department of Defense may be used for the purchase of: (1) heavy and light
armored vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle; and (2) passenger motor vehicles
up to a limit of $75,000 per vehicle for use by military and civilian employees
of the Department of Defense in the United States Central Command area of
responsibility.
(including transfer of funds)
Sec. 8091. Upon a determination by the Director of National Intelligence
that such action is necessary and in the national interest, the Director may,
with the approval of the Director of the Office of Management and Budget,
transfer not to exceed $1,500,000,000 of the funds made available in this Act
for the National Intelligence Program: Provided, That such authority to
transfer may not be used unless for higher priority items, based on unforeseen
intelligence requirements, than those for which originally appropriated and in
no case where the item for which funds are requested has been denied by the
Congress: Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June 30, 2024.
Sec. 8092. Of the amounts appropriated in this Act for ``Shipbuilding and
Conversion, Navy'', $142,008,000, to remain available for obligation until
September 30, 2028, may be used for the purchase of two used sealift vessels for
the National Defense Reserve Fleet, established under section 11 of the Merchant
Ship Sales Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense Reserve
Fleet: Provided further, That notwithstanding section 2218 of title 10, United
States Code, none of these funds shall be transferred to the National Defense
Sealift Fund for execution.
Sec. 8093. The Secretary of Defense shall post grant awards on a public
website in a searchable format.
Sec. 8094. None of the funds made available by this Act may be used by the
National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the Foreign
Intelligence Surveillance Act of 1978 for the purpose of targeting a
United States person; or
(2) acquire, monitor, or store the contents (as such term is defined
in section 2510(8) of title 18, United States Code) of any electronic
communication of a United States person from a provider of electronic
communication services to the public pursuant to section 501 of the
Foreign Intelligence Surveillance Act of 1978.
Sec. 8095. None of the funds made available in this or any other Act may be
used to pay the salary of any officer or employee of any agency funded by this
Act who approves or implements the transfer of administrative responsibilities
or budgetary resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Department of Defense
Appropriations Acts, or provisions of Acts providing supplemental appropriations
for the Department of Defense.
Sec. 8096. Of the amounts appropriated in this Act for ``Operation and
Maintenance, Navy'', $667,508,000, to remain available until expended, may be
used for any purposes related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United States Department
of Transportation for programs, projects, activities, and expenses related to
the National Defense Reserve Fleet.
Sec. 8097. (a) None of the funds provided in this Act for the TAO Fleet
Oiler program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are manufactured
in the United States: Auxiliary equipment (including pumps) for shipboard
services; propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; spreaders for shipboard cranes; and anchor
chains, specifically for the seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for the FFG(X) Frigate program
shall be used to award a new contract that provides for the acquisition of the
following components unless those components are manufactured in the United
States: Air circuit breakers; gyrocompasses; electronic navigation chart
systems; steering controls; pumps; propulsion and machinery control systems;
totally enclosed lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers: Provided, That the
Secretary of the Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into the FFG(X) Frigate program beginning
not later than with the eleventh ship of the program.
Sec. 8098. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis, industry
studies, preliminary design, development of the Detailed Design and Construction
Request for Proposals solicitation package, or related activities for the T-
ARC(X) Cable Laying and Repair Ship or the T-AGOS(X) Oceanographic Surveillance
Ship may be used to award a new contract for such activities unless these
contracts include specifications that all auxiliary equipment, including pumps
and propulsion shafts, are manufactured in the United States.
Sec. 8099. No amounts credited or otherwise made available in this or any
other Act to the Department of Defense Acquisition Workforce Development Account
may be transferred to:
(1) the Rapid Prototyping Fund established under section 804(d) of
the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C.
2302 note); or
(2) credited to a military-department specific fund established
under section 804(d)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (as amended by section 897 of the National Defense
Authorization Act for Fiscal Year 2017).
Sec. 8100. None of the funds made available by this Act may be used for
Government Travel Charge Card expenses by military or civilian personnel of the
Department of Defense for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3,
14a and 14b).
Sec. 8101. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network is designed to
block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities,
or for any activity necessary for the national defense, including intelligence
activities.
Sec. 8102. None of the funds provided for, or otherwise made available, in
this or any other Act, may be obligated or expended by the Secretary of Defense
to provide motorized vehicles, aviation platforms, munitions other than small
arms and munitions appropriate for customary ceremonial honors, operational
military units, or operational military platforms if the Secretary determines
that providing such units, platforms, or equipment would undermine the readiness
of such units, platforms, or equipment.
Sec. 8103. (a) None of the funds made available by this or any other Act may
be used to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to any
corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting such tax liability, provided that
the applicable Federal agency is aware of the unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal agency has
considered suspension or debarment of the corporation described in such
subsection and has made a determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8104. (a) Amounts appropriated under title IV of this Act, as detailed
in budget activity eight in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, may be used for
expenses for the agile research, development, test and evaluation, procurement,
production, modification, and operation and maintenance, only for the following
Software and Digital Technology Pilot programs--
(1) Defensive CYBER (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Command & Control (PE 1208248SF);
(5) Global Command and Control System (PE 0303150K); and
(6) Acquisition Visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department of Defense
Appropriations Acts may be obligated or expended to initiate additional Software
and Digital Technology Pilot Programs in fiscal year 2024.
Sec. 8105. None of the funds appropriated or otherwise made available by
this Act may be used to transfer the National Reconnaissance Office to the Space
Force: Provided, That nothing in this Act shall be construed to limit or
prohibit cooperation, collaboration, and coordination between the National
Reconnaissance Office and the Space Force or any other elements of the
Department of Defense.
Sec. 8106. None of the funds made available in this Act may be used in
contravention of the following laws enacted or regulations promulgated to
implement the United Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act
of 1998 (division G of Public Law 105-277; 112 Stat. 2681-822; 8 U.S.C.
1231 note) and regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations, and part 95 of
title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico,
and Pandemic Influenza Act, 2006 (Public Law 109-148).
Sec. 8107. None of the funds made available by this Act may be used to
provide arms, training, or other assistance to the Azov Battalion.
Sec. 8108. During the current fiscal year, the Department of Defense is
authorized to incur obligations of not to exceed $350,000,000 for purposes
specified in section 2350j(c) of title 10, United States Code, in anticipation
of receipt of contributions, only from the Government of Kuwait, under that
section: Provided, That, such contributions shall, upon receipt, be credited to
the appropriations or fund which incurred such obligations.
Sec. 8109. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $1,406,346,000, to remain available until September 30,
2025, shall be available for International Security Cooperation Programs and
other programs to provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate counterterrorism,
crisis response, or building partner capacity programs: Provided, That the
Secretary of Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees in
writing of the details of any planned obligation: Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate on the use and
status of funds made available in this section.
Sec. 8110. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $380,000,000, to remain available until September 30, 2025,
shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under
section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22
U.S.C. 2151 note), for enhanced border security, of which not less than
$150,000,000 shall be for Jordan: Provided, That the Secretary of Defense
shall, not less than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing of the details
of any planned obligation and the nature of the expenses incurred: Provided
further, That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the Senate on
the use and status of funds made available in this section.
Sec. 8111. None of the funds made available by this Act may be used in
contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8112. None of the funds made available by this Act for excess defense
articles, assistance under section 333 of title 10, United States Code, or
peacekeeping operations for the countries designated annually to be in violation
of the standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or
operation that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise permitted under
section 404 of the Child Soldiers Prevention Act of 2008.
Sec. 8113. None of the funds made available by this Act may be made
available for any member of the Taliban.
Sec. 8114. Notwithstanding any other provision of law, any transfer of
funds, appropriated or otherwise made available by this Act, for support to
friendly foreign countries in connection with the conduct of operations in which
the United States is not participating, pursuant to section 331(d) of title 10,
United States Code, shall be made in accordance with section 8005 of this Act.
Sec. 8115. (a) None of the funds appropriated or otherwise made available by
this or any other Act may be used by the Secretary of Defense, or any other
official or officer of the Department of Defense, to enter into a contract,
memorandum of understanding, or cooperative agreement with, or make a grant to,
or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of
Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if
the Secretary, in consultation with the Secretary of State and the Director of
National Intelligence, determines that it is in the vital national security
interest of the United States to do so, and certifies in writing to the
congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal military
equipment to, and the maintenance of existing lethal military equipment
for, the Government of the Syrian Arab Republic;
(2) the armed forces of the Russian Federation have withdrawn from
Ukraine; and
(3) agents of the Russian Federation have ceased taking active
measures to destabilize the control of the Government of Ukraine over
eastern Ukraine.
(c) The Inspector General of the Department of Defense shall conduct a
review of any action involving Rosoboronexport with respect to a waiver issued
by the Secretary of Defense pursuant to subsection (b), and not later than 90
days after the date on which such a waiver is issued by the Secretary of
Defense, the Inspector General shall submit to the congressional defense
committees a report containing the results of the review conducted with respect
to such waiver.
Sec. 8116. Equipment procured using funds provided in prior Acts under the
heading ``Counterterrorism Partnerships Fund'' for the program authorized by
section 1209 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291), or under the
heading ``Iraq Train and Equip Fund'' for the program authorized by section 1236
of such Act, and not yet transferred to authorized recipients may be transferred
to foreign security forces, irregular forces, groups, or individuals, authorized
to receive assistance using amounts provided under the heading ``Counter-ISIS
Train and Equip Fund'' in this Act: Provided, That such equipment may be
transferred 15 days following written notification to the congressional defense
committees.
Sec. 8117. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $15,000,000, to remain available until September 30, 2025,
shall be for payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to United States
military and stability operations to counter the Islamic State of Iraq and
Syria: Provided, That such reimbursement payments may be made in such amounts
as the Secretary of Defense, with the concurrence of the Secretary of State, and
in consultation with the Director of the Office of Management and Budget, may
determine, based on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15 days
following written notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-reimbursable basis
to coalition forces supporting United States military and stability operations
to counter the Islamic State of Iraq and Syria, and 15 days following written
notification to the appropriate congressional committees: Provided further,
That the Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the use and
status of funds made available in this section.
Sec. 8118. The Secretary of Defense shall notify the congressional defense
committees in writing not more than 30 days after the receipt of any
contribution of funds received from the government of a foreign country for any
purpose relating to the stationing or operations of the United States Armed
Forces: Provided, That such notification shall include the amount of the
contribution; the purpose for which such contribution was made; and the
authority under which such contribution was accepted by the Secretary of
Defense: Provided further, That not fewer than 15 days prior to obligating such
funds, the Secretary of Defense shall submit to the congressional defense
committees in writing a notification of the planned use of such contributions,
including whether such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8119. (a) The Chairman of the Joint Chiefs, in coordination with the
Secretaries of the military departments and the Chiefs of the Armed Forces,
shall submit to the congressional defense committees, not later than 30 days
after the last day of each quarter of the fiscal year, a report on the use of
operation and maintenance funds for activities or exercises in excess of
$5,000,000 that have been designated by the Secretary of Defense as unplanned
activities for fiscal year 2024.
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and exercise
covered by the report;
(2) an identification of the military department and units that
participated in each such activity or exercise (including an estimate of
the number of participants);
(3) the total cost of the activity or exercise, by budget line item
(with a breakdown by cost element such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in unclassified
form, but may include a classified annex.
Sec. 8120. (a) Within 45 days of enactment of this Act, the Secretary of
Defense shall allocate amounts made available from the Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America Defense Fund for fiscal
year 2024 pursuant to the transfer authority in section 102(b)(1) of the CHIPS
Act of 2022 (division A of Public Law 117-167), to the account specified, in the
amounts specified, and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and Science Act Fiscal
Year 2024'' in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Neither the President nor his designee may allocate any amounts that are
made available for any fiscal year under section 102(b)(2) of the CHIPS Act of
2022 if there is in effect an Act making or continuing appropriations for part
of a fiscal year for the Department of Defense: Provided, That in any fiscal
year, the matter preceding this proviso shall not apply to the allocation,
apportionment, or allotment of amounts for continuing administration of programs
allocated using funds transferred from the CHIPS for America Defense Fund, which
may be allocated pursuant to the transfer authority in section 102(b)(1) of the
CHIPS Act of 2022 only in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by subsection
(a) of this section, subject to the terms and conditions contained in the
provisos in section 8005 of this Act: Provided, That amounts may be reallocated
pursuant to this subsection only for those requirements necessary to carry out
section 9903(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(d) Concurrent with the annual budget submission of the President for fiscal
year 2025, the Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate proposed
allocations by account and by program, project, or activity, with detailed
justifications, for amounts made available under section 102(b)(2) of the CHIPS
Act of 2022 for fiscal year 2025.
(e) The Department of Defense shall provide the Committees on Appropriations
of the House of Representatives and Senate quarterly reports on the status of
balances of projects and activities funded by the CHIPS for America Defense Fund
for amounts allocated pursuant to subsection (a) of this section, including all
uncommitted, committed, and unobligated funds.
Sec. 8121. Not later than 15 days after the date on which any foreign base
that involves the stationing or operations of the United States Armed Forces,
including a temporary base, permanent base, or base owned and operated by a
foreign country, is opened or closed, the Secretary of Defense shall notify the
congressional defense committees in writing of the opening or closing of such
base: Provided, That such notification shall also include information on any
personnel changes, costs, and savings associated with the opening or closing of
such base.
Sec. 8122. None of the funds made available by this Act may be used with
respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.), including for the introduction of United States Armed Forces into
hostilities in Iraq, into situations in Iraq where imminent involvement in
hostilities is clearly indicated by the circumstances, or into Iraqi territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and 4 of
such Resolution (50 U.S.C. 1542 and 1543).
Sec. 8123. None of the funds made available by this Act may be used with
respect to Syria in contravention of the War Powers Resolution (50 U.S.C. 1541
et seq.), including for the introduction of United States armed or military
forces into hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the circumstances, or into
Syrian territory, airspace, or waters while equipped for combat, in
contravention of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 8124. None of the funds appropriated or otherwise made available by
this or any other Act shall be obligated or expended by the United States
Government for a purpose as follows:
(1) To establish any military installation or base for the purpose
of providing for the permanent stationing of United States Armed Forces
in Iraq.
(2) To exercise United States control over any oil resource of Iraq
or Syria.
Sec. 8125. None of the funds made available by this Act under the heading
``Counter-ISIS Train and Equip Fund'' may be used to procure or transfer man-
portable air defense systems.
Sec. 8126. Up to $500,000,000 of funds appropriated by this Act for the
Defense Security Cooperation Agency in ``Operation and Maintenance, Defense-
Wide'' may be used to provide assistance to the Government of Jordan to support
the armed forces of Jordan and to enhance security along its borders.
Sec. 8127. The total amount appropriated or otherwise made available in
title II of this Act is hereby reduced by $500,000,000 to limit excessive growth
in the procurement of advisory and assistance services, to be distributed as
follows:
``Operation and Maintenance, Army'', $138,000,000;
``Operation and Maintenance, Navy'', $68,000,000;
``Operation and Maintenance, Marine Corps'', $52,000,000;
``Operation and Maintenance, Air Force'', $77,000,000;
``Operation and Maintenance, Space Force'', $9,500,000;
``Operation and Maintenance, Defense-Wide'', $143,000,000; and
``Operation and Maintenance, Army National Guard'', $12,500,000:
Provided, That this section shall not apply to appropriations for the National
Intelligence Program and Military Intelligence Program.
Sec. 8128. The total amount appropriated or otherwise made available in
title II of this Act is hereby reduced by $100,000,000 to reflect savings
attributable to efficiencies and management improvements in the funding of
miscellaneous or other contracts in the military departments, as follows:
``Operation and Maintenance, Army'', $21,000,000;
``Operation and Maintenance, Navy'', $25,000,000;
``Operation and Maintenance, Marine Corps'', $3,500,000;
``Operation and Maintenance, Air Force'', $22,000,000;
``Operation and Maintenance, Space Force'', $1,700,000; and
``Operation and Maintenance, Defense-Wide'', $26,800,000:
Provided, That this section shall not apply to appropriations for the National
Intelligence Program and Military Intelligence Program.
Sec. 8129. The amounts appropriated in title II of this Act are hereby
reduced by $500,000,000 to reflect excess cash balances in Department of Defense
Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $400,000,000; and
(2) From ``Operation and Maintenance, Navy'', $100,000,000.
Sec. 8130. Notwithstanding any other provision of this Act, to reflect
savings due to favorable foreign exchange rates, the total amount appropriated
in this Act is hereby reduced by $969,000,000.
Sec. 8131. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for continued
implementation and expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for transfer to the
Department of the Army, the Department of the Navy, and the Department of the
Air Force: Provided further, That funds transferred shall be merged with and
available for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further, That this
transfer authority is in addition to any other transfer authority provided in
this Act.
Sec. 8132. In carrying out the program described in the memorandum on the
subject of ``Policy for Assisted Reproductive Services for the Benefit of
Seriously or Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for Health Affairs on
April 3, 2012, and the guidance issued to implement such memorandum, the
Secretary of Defense shall apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo cryopreservation and
storage set forth in part III(G) and in part IV(H) of such memorandum
shall not apply; and
(2) the term ``assisted reproductive technology'' shall include
embryo cryopreservation and storage without limitation on the duration
of such cryopreservation and storage.
Sec. 8133. The Secretary of the Navy shall continue to provide pay and
allowances to Lieutenant Ridge Alkonis, United States Navy, until such time as
the Secretary of the Navy makes a determination with respect to the separation
of Lieutenant Alkonis from the Navy.
Sec. 8134. Grants pursuant to section 8120 of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117-103) to communities
impacted by military aviation noise for the purpose of installing noise
mitigating insulation at covered facilities may also provide for the
installation of air conditioning that complements noise mitigating insulation at
such facilities.
Sec. 8135. During their period of availability, amounts appropriated in
section 124 of the Continuing Appropriations Act, 2023 (division A of Public Law
117-180) may be charged for any proper expense pursuant to section 1553(b)(1) of
title 31, United States Code, notwithstanding the limitation in section
1553(b)(2) of such title.
Sec. 8136. The Secretary of Defense may obligate funds made available in
this Act for procurement or for research, development, test and evaluation for
the F-35 Joint Strike Fighter to modify up to six F-35 aircraft, including up to
two F-35 aircraft of each variant, to a test configuration: Provided, That the
Secretary of Defense shall, with the concurrence of the Secretary of the Air
Force and the Secretary of the Navy, notify the congressional defense committees
not fewer than 30 days prior to obligating funds under this section: Provided
further, That any transfer of funds pursuant to the authority provided in this
section shall be made in accordance with section 8005 of this Act.
Sec. 8137. None of the funds appropriated or otherwise made available by
this or any other Act may be obligated to integrate an alternative engine on any
F-35 aircraft.
Sec. 8138. Funds appropriated in title III of this Act may be used to enter
into a contract or contracts for the procurement of airframes and engines for
the CH-53K heavy lift helicopter program.
Sec. 8139. The Secretary of Defense may use up to $650,000,000 of the
amounts appropriated or otherwise made available in this Act to the Department
of Defense for the rapid acquisition and deployment of supplies and associated
support services pursuant to section 3601 of title 10, United States Code, but
only for the purposes specified in clauses (i), (ii), (iii), and (iv) of
subsection (c)(3)(B) of such section and subject to the applicable limits
specified in clauses (i), (ii), and (iii) of such subsection and, in the case of
clause (iv) of such subsection, subject to a limit of $50,000,000, or for the
purposes specified in section 229 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) and subject to a limit of $100,000,000:
Provided, That the Secretary of Defense shall notify the congressional defense
committees promptly of all uses of this authority.
Sec. 8140. There is appropriated to the ``Department of Defense Credit
Program Account'' established pursuant to section 903(b)(5) of the National
Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31), $49,200,000,
to remain available until September 30, 2026, for the cost of loans and loan
guarantees pursuant to section 903(b) of such Act for a pilot program on capital
assistance to support defense investment in the industrial base: Provided, That
such costs, including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further, That
such amounts are available to subsidize gross obligations for the principal
amount of direct loans, and total loan principal, any part of which is to be
guaranteed, not to exceed $984,000,000: Provided further, That the Secretary of
Defense (``Secretary'') and the Director of the Office of Management and Budget
(``Director'') shall jointly develop criteria for project eligibility for direct
loans and loan guarantees authorized by section 903(b) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) that limit Federal
participation in a project consistent with the requirements for the budgetary
treatment provided for in section 504 of the Federal Credit Reform Act of 1990
and based on the recommendations contained in the 1967 Report of the President's
Commission on Budget Concepts: Provided further, That the Secretary and the
Director shall, not later than 120 days after the date of enactment of this Act,
report such criteria to the Subcommittees on Defense of the Committees on
Appropriations of the House of Representatives and the Senate and certify in
that report that the criteria are compliant with this section: Provided
further, That in the event that a report is not completed and certified within
120 days, the Secretary and the Director shall provide a joint explanatory
briefing on program establishment progress and estimated completion time:
Provided further, That, in developing the criteria to be used, the Secretary and
the Director shall consult with the Director of the Congressional Budget Office:
Provided further, That the requirements of section 553 of title 5, United
States Code, shall not apply to the development of such criteria: Provided
further, That the use of direct loans or loan guarantee authority under this
section for direct loans or commitments to guarantee loans for any project using
funds provided by this section shall be in accordance with such criteria:
Provided further, That the Secretary may not issue a Notice of Funding
Availability for applications for credit assistance under the program authorized
by section 903(b) of the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31) using funds provided by this section until the criteria have
been developed pursuant to the third proviso and certified pursuant to the
fourth proviso: Provided further, That none of the direct loans or loan
guarantee authority made available under this section shall be available for any
project unless the Secretary and the Director, or their respective designees,
have each individually certified in advance in writing to the Subcommittees on
Defense of the Committees on Appropriations of the House of Representatives and
the Senate that the direct loan or loan guarantee, as applicable, and the
project comply with the criteria developed pursuant to this section: Provided
further, That the report required by the fourth proviso shall include
information on any statutory improvements to section 149 of title 10, United
States Code, as added by section 903 of the National Defense Authorization Act
for Fiscal Year 2024 (Public Law 118-31), and section 903(b) of such Act, that
would further align such sections with the budgetary treatment and
recommendations referred to in the third proviso, including statutory
improvements necessary to ensure that no further reference to the criteria or
the certifications will be required in appropriations Acts in future fiscal
years: Provided further, That such statutory improvements shall also be shared
with the Committees on the Budget and Armed Services of the House of
Representatives and the Senate: Provided further, That, for the purposes of
carrying out the Congressional Budget Act of 1974, the Director of the
Congressional Budget Office may request, and the Secretary shall promptly
provide, documentation and information relating to a project identified by the
Department of Defense pursuant to a Notice of Funding Availability for
applications for credit assistance under section 903(b) of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31).
Sec. 8141. Notwithstanding section 8057 of this Act, amounts appropriated
under the heading ``Research, Development, Test and Evaluation, Defense-Wide''
of this Act, as detailed in budget activity eight in the tables titled
Explanation of Project Level Adjustments in the explanatory statement regarding
this Act for ``Defense Innovation Unit (DIU) Fielding'' line 281A, that exceed
the amounts requested may be used for expenses for agile research, development,
test and evaluation, procurement, production, modification, and operation and
maintenance requirements, including the initial acquisition of end-items for
operational use: Provided, That none of these funds may be obligated or
expended until 15 days after the Secretary of Defense provides the Committees on
Appropriations of the House of Representatives and the Senate a detailed
execution plan for such funds.
Sec. 8142. None of the funds made available by this Act may be used to
support any activity conducted by, or associated with, the Wuhan Institute of
Virology.
Sec. 8143. None of the funds made available by this Act may be used to fund
any work to be performed by EcoHealth Alliance, Inc. in China on research
supported by the government of China unless the Secretary of Defense determines
that a waiver to such prohibition is in the national security interests of the
United States and, not later than 14 days after granting such a waiver, submits
to the congressional defense committees a detailed justification for the waiver,
including--
(1) an identification of the Department of Defense entity obligating
or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective recipient of
such funds (including any third-party entity recipient, as applicable);
(5) an explanation for how the waiver is in the national security
interests of the United States; and
(6) any other information the Secretary determines appropriate.
Sec. 8144. 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 United States Naval
Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8145. None of the funds appropriated or otherwise made available in
this Act may be used to transfer any individual detained at United States Naval
Station Guantanamo Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other foreign entity except
in accordance with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8146. (a) None of the funds appropriated or otherwise made available in
this or any other Act may be used to construct, acquire, or modify any facility
in the United States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any modification of
facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual who, as of
June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba,
and who--
(1) is not a citizen of the United States or a member of the Armed
Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8147. None of the funds made available by this Act may be used to
carry out the closure or realignment of the United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 8148. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $300,000,000, to remain available until September 30, 2025,
shall be for the Ukraine Security Assistance Initiative: Provided, That such
funds shall be available to the Secretary of Defense, with the concurrence of
the Secretary of State, to provide assistance, including training; equipment;
lethal assistance; logistics support, supplies and services; salaries and
stipends; sustainment; and intelligence support to the military and national
security forces of Ukraine, and to other forces or groups recognized by and
under the authority of the Government of Ukraine, including governmental
entities within Ukraine, engaged in resisting Russian aggression against
Ukraine, for replacement of any weapons or articles provided to the Government
of Ukraine from the inventory of the United States, and to recover or dispose of
equipment procured using funds made available in this section in this or prior
Acts: Provided further, That the Secretary of Defense shall, not less than 15
days prior to obligating funds made available in this section, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall, not more
than 60 days after such notification is made, inform such committees if such
funds have not been obligated and the reasons therefor: Provided further, That
the Secretary of Defense shall consult with such committees in advance of the
provision of support provided to other forces or groups recognized by and under
the authority of the Government of Ukraine: Provided further, That the United
States may accept equipment procured using funds made available in this section
in this or prior Acts transferred to the security forces of Ukraine and returned
by such forces to the United States: Provided further, That equipment procured
using funds made available in this section in this or prior Acts, and not yet
transferred to the military or national security forces of Ukraine or to other
assisted entities, or returned by such forces or other assisted entities to the
United States, may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided further,
That any notification of funds made available in this section shall specify an
estimated timeline for the delivery of defense articles and defense services
provided and shall identify if any equipment provided requires enhanced end-use
monitoring: Provided further, That the Secretary of Defense may accept and
retain contributions, including money, personal property, and services, from
foreign governments and other entities, to carry out assistance authorized for
the Ukraine Security Assistance Initiative in this section: Provided further,
That the Secretary of Defense shall notify the congressional defense committees
in writing upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the specific use
of such contributions: Provided further, That contributions of money for the
purposes provided herein from any foreign government or other entity may be
credited to this account, to remain available until September 30, 2025, and used
for such purposes: Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees on the use and
status of funds made available in this section.
Sec. 8149. None of the funds appropriated or otherwise made available by
this Act may be made available to remove a Chinese military company from the
list required by section 1260H of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), except in accordance with subsection
(b)(3) of such section and 15 days following written notification to the
congressional defense committees.
Sec. 8150. None of the funds made available by this Act may be used in
contravention of section 525 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
This division may be cited as the ``Department of Defense Appropriations
Act, 2024''.
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including operation and
maintenance of the Treasury Building and Freedman's Bank Building; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official business; executive
direction program activities; international affairs and economic policy
activities; domestic finance and tax policy activities, including technical
assistance to State, local, and territorial entities; and Treasury-wide
management policies and programs activities $287,576,000, of which not less than
$9,000,000 shall be available for the administration of financial assistance, in
addition to amounts otherwise available for such purposes: Provided, That of
the amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the direction of
the Secretary of the Treasury and to be accounted for solely on the
Secretary's certificate; and
(3) not to exceed $34,000,000 shall remain available until September
30, 2025, for--
(A) the Treasury-wide Financial Statement Audit and Internal
Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Cybersecurity and Critical Infrastructure
Protection, including entering into cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in the United
States, $21,000,000, to remain available until expended: Provided, That the
chairperson of the Committee may transfer such amounts to any department or
agency represented on the Committee (including the Department of the Treasury)
subject to advance notification to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of implementing
section 721 of the Defense Production Act of 1950, as amended (50 U.S.C. 4565),
and shall be available in addition to any other funds available to any
department or agency: Provided further, That fees authorized by section 721(p)
of such Act shall be credited to this appropriation as offsetting collections:
Provided further, That the total amount appropriated under this heading from the
general fund shall be reduced as such offsetting collections are received during
fiscal year 2024, so as to result in a total appropriation from the general fund
estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and to combat
rogue nations, terrorist facilitators, weapons of mass destruction
proliferators, human rights abusers, money launderers, drug kingpins, and other
national security threats, $226,862,000, of which not less than $3,000,000 shall
be available for addressing human rights violations and corruption, including
activities authorized by the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 2656 note): Provided, That of the amounts appropriated under this
heading, up to $16,000,000 shall remain available until September 30, 2025.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems operated by
the Department of the Treasury, $36,500,000, to remain available until September
30, 2026: Provided, That such funds shall supplement and not supplant any other
amounts made available to the Treasury offices and bureaus for cybersecurity:
Provided further, That of the total amount made available under this heading
$6,500,000 shall be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under this
heading: Provided further, That such funds shall supplement and not supplant
any other amounts made available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing equipment,
software, and services and for repairs and renovations to buildings owned by the
Department of the Treasury, $11,007,000, to remain available until September 30,
2026: Provided, That these funds shall be transferred to accounts and in
amounts as necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided in this
Act: Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in carrying out
the provisions of chapter 4 of title 5, United States Code, $48,389,000,
including hire of passenger motor vehicles; of which not to exceed $100,000
shall be available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General of the
Treasury; of which up to $2,800,000 to remain available until September 30,
2025, shall be for audits and investigations conducted pursuant to section 1608
of the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note);
and of which not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out chapter 4 of title 5, United States Code,
including purchase and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; $172,508,000, of which $5,000,000
shall remain available until September 30, 2025; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which not to
exceed $500,000 shall be available for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the Inspector
General for Tax Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses of non-
Federal and foreign government personnel to attend meetings and training
concerned with domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by 5 U.S.C. 3109; not
to exceed $25,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without reimbursement,
$190,193,000 of which not to exceed $55,000,000 shall remain available until
September 30, 2026.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal Service,
$391,109,000; of which not to exceed $8,000,000, to remain available until
September 30, 2026, is for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and representation
expenses.
In addition, $225,000, to be derived from the Oil Spill Liability Trust Fund
to reimburse administrative and personnel expenses for financial management of
the Fund, as authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland Security
Act of 2002, including hire of passenger motor vehicles, $157,795,000; of which
not to exceed $6,000 shall be available for official reception and
representation expenses; and of which not to exceed $50,000 shall be available
for cooperative research and development programs for laboratory services; and
provision of laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this heading,
$5,000,000 shall be for the costs of accelerating the processing of formula and
label applications: Provided further, That of the amount appropriated under
this heading, $5,000,000, to remain available until September 30, 2026, shall be
for the costs associated with enforcement of and education regarding the trade
practice provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United States
Mint is provided funding through the United States Mint Public Enterprise Fund
for costs associated with the production of circulating coins, numismatic coins,
and protective services, including both operating expenses and capital
investments: Provided, That the aggregate amount of new liabilities and
obligations incurred during fiscal year 2024 under such section 5136 for
circulating coinage and protective service capital investments of the United
States Mint shall not exceed $50,000,000.
Community Development Financial Institutions Fund
To carry out the Riegle Community Development and Regulatory Improvement Act
of 1994 (subtitle A of title I of Public Law 103-325), including services
authorized by section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for EX-III,
$324,000,000. Of the amount appropriated under this heading--
(1) not less than $188,000,000, notwithstanding section 108(e) of
Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/or
Emerging Community Development Financial Institutions Assistance awards,
is available until September 30, 2025, for financial assistance and
technical assistance under subparagraphs (A) and (B) of section
108(a)(1), respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103-325 (12 U.S.C. 4708), of
which up to $3,153,750 may be used for the cost of direct loans, of
which up to $10,000,000, notwithstanding subsection (d) of section 108
of Public Law 103-325 (12 U.S.C. 4707(d)), may be available to provide
financial assistance, technical assistance, training, and outreach to
community development financial institutions to expand investments that
benefit individuals with disabilities, and of which up to $2,000,000
shall be for the Economic Mobility Corps to be operated in conjunction
with the Corporation for National and Community Service, pursuant to 42
U.S.C. 12571: Provided, That the cost of direct and guaranteed loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000: Provided
further, That of the funds provided under this paragraph, excluding
those made to community development financial institutions to expand
investments that benefit individuals with disabilities and those made to
community development financial institutions that serve populations
living in persistent poverty counties, the CDFI Fund shall prioritize
Financial Assistance awards to organizations that invest and lend in
high-poverty areas: Provided further, That for purposes of this
section, the term ``high-poverty area'' means any census tract with a
poverty rate of at least 20 percent as measured by the 2016-2020 5-year
data series available from the American Community Survey of the Bureau
of the Census for all States and Puerto Rico or with a poverty rate of
at least 20 percent as measured by the 2010 Island areas Decennial
Census data for any territory or possession of the United States;
(2) not less than $28,000,000, notwithstanding section 108(e) of
Public Law 103-325 (12 U.S.C. 4707(e)), is available until September 30,
2025, for financial assistance, technical assistance, training, and
outreach programs designed to benefit Native American, Native Hawaiian,
and Alaska Native communities and provided primarily through qualified
community development lender organizations with experience and expertise
in community development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and other
suitable providers;
(3) not less than $40,000,000 is available until September 30, 2025,
for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections (d) and
(e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and (e)), is
available until September 30, 2025, for a Healthy Food Financing
Initiative to provide financial assistance, technical assistance,
training, and outreach to community development financial institutions
for the purpose of offering affordable financing and technical
assistance to expand the availability of healthy food options in
distressed communities;
(5) not less than $9,000,000 is available until September 30, 2025,
to provide grants for loan loss reserve funds and to provide technical
assistance for small dollar loan programs under section 122 of Public
Law 103-325 (12 U.S.C. 4719): Provided, That sections 108(d) and
122(b)(2) of such Public Law shall not apply to the provision of such
grants and technical assistance;
(6) up to $35,000,000 is available for administrative expenses,
including administration of CDFI Fund programs and the New Markets Tax
Credit Program, of which not less than $1,000,000 is for the development
of tools to better assess and inform CDFI investment performance and
CDFI program impacts, and up to $300,000 is for administrative expenses
to carry out the direct loan program; and
(7) during fiscal year 2024, none of the funds available under this
heading are available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of commitments to guarantee bonds and
notes under section 114A of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section 114A shall
not exceed $500,000,000: Provided further, That such section 114A shall
remain in effect until December 31, 2025: Provided further, That of the
funds awarded under this heading, except those provided for the Economic
Mobility Corps, not less than 10 percent shall be used for awards that
support investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this paragraph and
paragraph (1), the term ``persistent poverty counties'' means any
county, including county equivalent areas in Puerto Rico, that has had
20 percent or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and the 2016-
2020 5-year data series available from the American Community Survey of
the Bureau of the Census or any other territory or possession of the
United States that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990, 2000 and
2010 Island Areas Decennial Censuses, or equivalent data, of the Bureau
of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide taxpayer
services, including pre-filing assistance and education, filing and account
services, taxpayer advocacy services, and other services as authorized by 5
U.S.C. 3109, at such rates as may be determined by the Commissioner,
$2,780,606,000, of which not to exceed $100,000,000 shall remain available until
September 30, 2025, of which not less than $12,000,000 shall be for the Tax
Counseling for the Elderly Program, of which not less than $28,000,000, to
remain available until September 30, 2025, shall be available for low-income
taxpayer clinic grants, including grants to individual clinics of up to
$200,000, of which not less than $41,000,000, to remain available until
September 30, 2025, shall be available for the Community Volunteer Income Tax
Assistance Matching Grants Program for tax return preparation assistance, and of
which not less than $271,200,000 shall be available for operating expenses of
the Taxpayer Advocate Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $7,000,000 shall be for identity
theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the Internal
Revenue Service to determine and collect owed taxes, to provide legal and
litigation support, to conduct criminal investigations, to enforce criminal
statutes related to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31 U.S.C. 1343(b)), and
to provide other services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,437,622,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2025; of which not less
than $60,257,000 shall be for the Interagency Crime and Drug Enforcement
program; and of which not to exceed $25,000,000 shall be for investigative
technology for the Criminal Investigation Division: Provided, That the amount
made available for investigative technology for the Criminal Investigation
Division shall be in addition to amounts made available for the Criminal
Investigation Division under the ``Operations Support'' heading.
operations support
For necessary expenses to operate the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments; facilities
services; printing; postage; physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development, enhancement, operations,
maintenance and security; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); the operations of the Internal Revenue Service Oversight Board; and
other services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner; $4,100,826,000, of which not to exceed
$275,000,000 shall remain available until September 30, 2025; of which not to
exceed $10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of which not to
exceed $1,000,000 shall remain available until September 30, 2026, for research;
and of which not to exceed $20,000 shall be for official reception and
representation expenses: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the Senate and
the Comptroller General of the United States detailing major information
technology investments in the Internal Revenue Service portfolio, including
detailed, plain language summaries on the status of plans, costs, and results;
prior results and actual expenditures of the prior quarter; upcoming
deliverables and costs for the fiscal year; risks and mitigation strategies
associated with ongoing work; reasons for any cost or schedule variances; and
total expenditures by fiscal year: Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal year 2025, a
summary of cost and schedule performance information for its major information
technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of an appropriation in this Act made
available to the Internal Revenue Service may be transferred to any other
Internal Revenue Service appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives and the Senate:
Provided, That, notwithstanding the preceding proviso, no funds may be
transferred into the appropriation under the heading ``Enforcement''.
Sec. 102. The Internal Revenue Service shall maintain an employee training
program, which shall include the following topics: taxpayers' rights, dealing
courteously with taxpayers, cross-cultural relations, ethics, and the impartial
application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce policies
and procedures that will safeguard the confidentiality of taxpayer information
and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the Internal
Revenue Service shall be available for improved facilities and increased
staffing to provide sufficient and effective 1-800 help line service for
taxpayers. The Commissioner shall continue to make improvements to the Internal
Revenue Service 1-800 help line service a priority and allocate resources
necessary to enhance the response time to taxpayer communications, particularly
with regard to victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of confirmation
of any address change relating to an employer making employment tax payments,
and such notice shall be sent to both the employer's former and new address and
an officer or employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has been the victim
of fraud by a third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be used by
the Internal Revenue Service to target citizens of the United States for
exercising any right guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may be used by the
Internal Revenue Service to target groups for regulatory scrutiny based on their
ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal Revenue
Service shall be obligated or expended on conferences that do not adhere to the
procedures, verification processes, documentation requirements, and policies
issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide
Shared Services as a result of the recommendations in the report published on
May 31, 2013, by the Treasury Inspector General for Tax Administration entitled
``Review of the August 2010 Small Business/Self-Employed Division's Conference
in Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the Internal
Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with respect to
re-hiring a former employee;
unless such program or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used in
contravention of section 6103 of the Internal Revenue Code of 1986 (relating to
confidentiality and disclosure of returns and return information).
Sec. 111. The Secretary of the Treasury (or the Secretary's delegate) may
use the funds made available in this Act, subject to such policies as the
Secretary (or the Secretary's delegate) may establish, to utilize direct hire
authority to recruit and appoint qualified applicants, without regard to any
notice or preference requirements, directly to positions in the competitive
service to process backlogged tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United States Code,
funds appropriated to the Internal Revenue Service in this Act may be used to
provide passenger carrier transportation and protection between the Commissioner
of Internal Revenue's residence and place of employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury in this Act
shall be available for uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of
insurance for official motor vehicles operated in foreign countries; purchase of
motor vehicles without regard to the general purchase price limitations for
vehicles purchased and used overseas for the current fiscal year; entering into
contracts with the Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in this title made
available under the headings ``Departmental Offices--Salaries and Expenses'',
``Office of Inspector General'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade
Bureau'' or for the Special Inspector General for Pandemic Recovery may be
transferred between such appropriations upon the advance approval of the
Committees on Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease any such
appropriation by more than 2 percent: Provided further, That, notwithstanding
the preceding proviso, under this section not more than $1,000,000 may be
transferred to the Special Inspector General for Pandemic Recovery.
Sec. 115. Not to exceed 2 percent of any appropriation made available in
this Act to the Internal Revenue Service may be transferred to the Treasury
Inspector General for Tax Administration's appropriation upon the advance
approval of the Committees on Appropriations of the House of Representatives and
the Senate: Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise available
to the Department of the Treasury or the Bureau of Engraving and Printing may be
used to redesign the $1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds from the
``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt Collection
Fund as necessary to cover the costs of debt collection: Provided, That such
amounts shall be reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made available by
this or any other Act may be used by the United States Mint to construct or
operate any museum without the explicit approval of the Committees on
Appropriations of the House of Representatives and the Senate, the House
Committee on Financial Services, and the Senate Committee on Banking, Housing,
and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made available by
this or any other Act or source to the Department of the Treasury, the Bureau of
Engraving and Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions of the Bureau of
Engraving and Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Committee on Banking,
Housing, and Urban Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the transfer
of funds in this Act, for the Department of the Treasury's intelligence or
intelligence related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act of 1947 (50
U.S.C. 414) during fiscal year 2024 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2024.
Sec. 121. Not to exceed $5,000 shall be made available from the Bureau of
Engraving and Printing's Industrial Revolving Fund for necessary official
reception and representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a Capital Investment
Plan to the Committees on Appropriations of the House of Representatives and the
Senate not later than 30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital Investment Plan shall
include capital investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal years
for each capital investment project that has not been fully completed.
Sec. 123. During fiscal year 2024--
(1) none of the funds made available in this or any other Act may be
used by the Department of the Treasury, including the Internal Revenue
Service, to issue, revise, or finalize any regulation, revenue ruling,
or other guidance not limited to a particular taxpayer relating to the
standard which is used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1, 2010,
which are used to make such determinations shall apply after the date of
the enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on, before, or
after such date.
Sec. 124. Within 45 days after the date of enactment of this Act, the
Secretary of the Treasury shall submit an itemized report to the Committees on
Appropriations of the House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund including the amount
charged for each service provided by the Franchise Fund to each office, a
detailed description of the services, a detailed explanation of how each charge
for each service is calculated, and a description of the role customers have in
governing in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each quarter, the
Office of Financial Research shall submit reports on their activities to the
Committees on Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal year
by object class, office, and activity;
(3) the number of full-time equivalents within each office during
the previous quarter;
(4) the estimated number of full-time equivalents within each office
for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and performance
measures of each office.
(c) At the request of any such Committees specified in subsection (a), the
Office of Financial Research shall make officials available to testify on the
contents of the reports required under subsection (a).
Sec. 126. In addition to amounts otherwise available, there is appropriated
to the Special Inspector General for Pandemic Recovery, $11,880,000, to remain
available until expended, for necessary expenses in carrying out section 4018 of
the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136).
Sec. 127. Not to exceed 5 percent of any appropriation made available in
this Act for the Department of the Treasury may be transferred to the
Department's information technology system modernization and working capital
fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91),
for the purposes specified in section 1077(b)(3) of such Act, upon the prior
approval of the Committees on Appropriations of the House of Representatives and
the Senate: Provided, That amounts transferred to the IT WCF under this section
shall remain available for obligation through September 30, 2027.
Sec. 128. Amounts returned to the Secretary of the Treasury pursuant to
section 603(b)(2)(C)(iv) of the Social Security Act may be transferred to and
merged with the appropriation for ``Department of the Treasury--Cybersecurity
Enhancement Account''.
This title may be cited as the ``Department of the Treasury Appropriations
Act, 2024''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law, including
not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire of passenger motor
vehicles, and travel (not to exceed $100,000 to be expended and accounted for as
provided by 3 U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the Office of Policy
Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$78,904,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White House,
$15,453,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109,
110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the White House,
such sums as may be necessary: Provided, That all reimbursable operating
expenses of the Executive Residence shall be made in accordance with the
provisions of this paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating expenses shall be the
exclusive authority of the Executive Residence to incur obligations and to
receive offsetting collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a reimbursable
political event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account and
remain available until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of the President to
maintain on deposit $25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing such amount within
60 days after such expense is incurred, and that such amount is collected within
30 days after the submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess penalties and other charges
on any such amount that is not reimbursed within such 30 days, in accordance
with the interest and penalty provisions applicable to an outstanding debt on a
United States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and charges,
shall be deposited in the Treasury as miscellaneous receipts: Provided further,
That the Executive Residence shall prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate, by not later than
90 days after the end of the fiscal year covered by this Act, a report setting
forth the reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the amount
of such total that consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political events, and the
portion of each such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any other
applicable requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive Residence at
the White House pursuant to 3 U.S.C. 105(d), $2,475,000, to remain available
until expended, for required maintenance, resolution of safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in carrying out
its functions under the Employment Act of 1946 (15 U.S.C. 1021 et seq.),
$4,854,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the Homeland
Security Council, including services as authorized by 5 U.S.C. 3109,
$19,000,000, of which not to exceed $10,000 shall be available for official
reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including services
as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor
vehicles, $114,308,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of information resources
within the Executive Office of the President: Provided, That of the amounts
provided under this heading, up to $7,000,000 shall be available for a program
to provide payments (such as stipends, subsistence allowances, cost
reimbursements, or awards) to students, recent graduates, and veterans recently
discharged from active duty who are performing voluntary services in the
Executive Office of the President under section 3111(b) of title 5, United
States Code, or comparable authority and shall be in addition to amounts
otherwise available to pay or compensate such individuals: Provided further,
That such payments shall not be considered compensation for purposes of such
section 3111(b) and may be paid in advance.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget, including
hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, to
carry out the provisions of chapter 35 of title 44, United States Code, and to
prepare and submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $129,000,000, of which not
to exceed $3,000 shall be available for official representation expenses:
Provided, That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions of the
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
further, That none of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the altering of
the annual work plan developed by the Corps of Engineers for submission to the
Committees on Appropriations: Provided further, That none of the funds provided
in this or prior Acts shall be used, directly or indirectly, by the Office of
Management and Budget, for evaluating or determining if water resource project
or study reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws, regulations,
and requirements relevant to the Civil Works water resource planning process:
Provided further, That the Office of Management and Budget shall have not more
than 60 days in which to perform budgetary policy reviews of water resource
matters on which the Chief of Engineers has reported: Provided further, That
the Director of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been transmitted to
the appropriate authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly: Provided further, That
no later than 14 days after the submission of the budget of the United States
Government for fiscal year 2025, the Director of the Office of Management and
Budget shall make publicly available on a website a tabular list for each agency
that submits budget justification materials (as defined in section 3 of the
Federal Funding Accountability and Transparency Act of 2006) that shall include,
at minimum, the name of the agency, the date on which the budget justification
materials of the agency were submitted to Congress, and a uniform resource
locator where the budget justification materials are published on the website of
the agency: Provided further, That amounts appropriated under this heading
shall be available for the liquidation of valid obligations incurred for fiscal
year 2017, as authorized by law, in excess of amounts that were available for
obligation during such fiscal year.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008 (Public Law
110-403), including services authorized by 5 U.S.C. 3109, $1,883,000.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber Director, as
authorized by section 1752 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283), $21,707,000, of
which not to exceed $5,000 shall be available for official reception and
representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control Policy; for
research activities pursuant to the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended; not to exceed $10,000 for official
reception and representation expenses; and for participation in joint projects
or in the provision of services on matters of mutual interest with nonprofit,
research, or public organizations or agencies, with or without reimbursement,
$21,785,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and private,
without fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control Policy's High
Intensity Drug Trafficking Areas Program, $298,579,000, to remain available
until September 30, 2025, for drug control activities consistent with the
approved strategy for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be transferred to
State and local entities for drug control activities and shall be obligated not
later than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug Control Policy, of
which up to $4,000,000 may be used for auditing services and associated
activities and $2,000,000 shall be for the Grants Management System for use by
the Office of National Drug Control Policy: Provided further, That any
unexpended funds obligated prior to fiscal year 2022 may be used for any other
approved activities of that HIDTA, subject to reprogramming requirements:
Provided further, That each HIDTA designated as of September 30, 2023, shall be
funded at not less than the fiscal year 2023 base level, unless the Director
submits to the Committees on Appropriations of the House of Representatives and
the Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the Director
shall notify the Committees on Appropriations of the House of Representatives
and the Senate of the initial allocation of fiscal year 2024 funding among
HIDTAs not later than 45 days after enactment of this Act, and shall notify the
Committees of planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after enactment of
this Act: Provided further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary for the purposes
provided herein and upon notification to the Committees on Appropriations of the
House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse Act of
1988 and the Office of National Drug Control Policy Reauthorization Act of 1998,
as amended, $136,150,000, to remain available until expended, which shall be
available as follows: $109,000,000 for the Drug-Free Communities Program, of
which not more than $12,780,000 is for administrative expenses, and of which
$2,500,000 shall be made available as directed by section 4 of Public Law 107-
82, as amended by section 8204 of Public Law 115-271; $3,000,000 for drug court
training and technical assistance; $14,000,000 for anti-doping activities; up to
$3,700,000 for the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $5,200,000 for activities
authorized by section 103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other Federal departments and
agencies to carry out such activities: Provided further, That the Director of
the Office of National Drug Control Policy shall, not fewer than 30 days prior
to obligating funds under this heading for United States membership dues to the
World Anti-Doping Agency, submit to the Committees on Appropriations of the
House of Representatives and the Senate a spending plan and explanation of the
proposed uses of these funds.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated needs,
in furtherance of the national interest, security, or defense which may arise at
home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108,
$990,000, to remain available until September 30, 2025.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient, secure,
and effective uses of information technology in the Federal Government,
$8,000,000, to remain available until expended: Provided, That the Director of
the Office of Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide assistance to
the President in connection with specially assigned functions; services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and accounted for as
provided in that section; and hire of passenger motor vehicles, $6,015,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the extent not
otherwise provided for, heating and lighting, including electric power and
fixtures, of the official residence of the Vice President; the hire of passenger
motor vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 106(b)(2),
$318,000: Provided, That advances, repayments, or transfers from this
appropriation may be made to any department or agency for expenses of carrying
out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings ``The
White House'', ``Executive Residence at the White House'', ``White House Repair
and Restoration'', ``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'', ``Special
Assistance to the President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such other officer as
the President may designate in writing) may, with advance approval of the
Committees on Appropriations of the House of Representatives and the Senate,
transfer not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for the
same purposes as the appropriation to which transferred: Provided, That the
amount of an appropriation shall not be increased by more than 50 percent by
such transfers: Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official Residence of the Vice
President'' without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2024, any Executive order or Presidential
memorandum issued or revoked by the President shall be accompanied by a written
statement from the Director of the Office of Management and Budget on the
budgetary impact, including costs, benefits, and revenues, of such order or
memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order or
memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by Federal
agency, for each year in the 5-fiscal-year period beginning in fiscal
year 2024; and
(3) the impact on revenues of the Federal Government as the result
of such order or memorandum over the 5-fiscal-year period beginning in
fiscal year 2024.
(c) If an Executive order or Presidential memorandum is issued during fiscal
year 2024 due to a national emergency, the Director of the Office of Management
and Budget may issue the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda shall only
apply for Presidential memoranda estimated to have a regulatory cost in excess
of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall issue a memorandum to
all Federal departments, agencies, and corporations directing compliance with
the provisions in title VII of this Act.
Sec. 204. For an additional amount for ``Office of National Drug Control
Policy, Salaries and Expenses'', $13,045,000, which shall be for initiatives in
the amounts and for the projects specified in the table that appears under the
heading ``Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That none of the funds made available by this section may be
transferred for any other purpose.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2024''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as required
by law, excluding care of the building and grounds, including purchase and hire
of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to
exceed $10,000 for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may approve,
$129,323,000, of which $1,500,000 shall remain available until expended.
In addition, there are appropriated such sums as may be necessary under
current law for the salaries of the chief justice and associate justices of the
court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of the
Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and
6112 under the direction of the Chief Justice, $20,688,000, to remain available
until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses of the
court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be necessary under
current law for the salaries of the chief judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and necessary
expenses of the court, as authorized by law, $21,260,000.
In addition, there are appropriated such sums as may be necessary under
current law for the salaries of the chief judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal Claims,
magistrate judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, necessary expenses of the courts, and
the purchase, rental, repair, and cleaning of uniforms for Probation and
Pretrial Services Office staff, as authorized by law, $5,995,055,000 (including
the purchase of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary under
current law for the salaries of circuit and district judges (including judges of
the territorial courts of the United States), bankruptcy judges, and justices
and judges retired from office or from regular active service.
In addition, for expenses of the United States Court of Federal Claims
associated with processing cases under the National Childhood Vaccine Injury Act
of 1986 (Public Law 99-660), not to exceed $9,975,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the compensation and
reimbursement of expenses of attorneys appointed to represent persons under 18
U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services for such
representations as authorized by law; the compensation (in accordance with the
maximums under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement of expenses of
attorneys appointed to represent jurors in civil actions for the protection of
their employment, as authorized by 28 U.S.C. 1875(d)(1); the compensation and
reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings; the compensation
and reimbursement of travel expenses of guardians ad litem appointed under 18
U.S.C. 4100(b); and for necessary training and general administrative expenses,
$1,450,680,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876;
compensation of jury commissioners as authorized by 28 U.S.C. 1863; and
compensation of commissioners appointed in condemnation cases pursuant to rule
71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule
71.1(h)), $58,239,000, to remain available until expended: Provided, That the
compensation of land commissioners shall not exceed the daily equivalent of the
highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and other
facilities housing Federal court or Administrative Office of the United States
Courts operations, the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other facilities housing
Federal court or Administrative Office of the United States Courts operations,
building ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as authorized by
section 1010 of the Judicial Improvement and Access to Justice Act (Public Law
100-702), $750,163,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering the
Judicial Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United States
Courts and the Attorney General: Provided, That funds made available under this
heading may be used for managing a Judiciary-wide program to facilitate security
and emergency management services among the Judiciary, United States Marshals
Service, Federal Protective Service, General Services Administration, other
Federal agencies, state and local governments and the public; and for purposes
authorized by the Daniel Anderl Judicial Security and Privacy Act of 2022
(Public Law 117-263, division C, title LIX, subtitle D) and 28 U.S.C.
604(a)(24).
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United States
Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345,
hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b),
advertising and rent in the District of Columbia and elsewhere, $102,673,000, of
which not to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized by
Public Law 90-219, $34,261,000; of which $1,800,000 shall remain available
through September 30, 2025, to provide education and training to Federal court
personnel; and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions of
chapter 58 of title 28, United States Code, $21,641,000, of which not to exceed
$1,000 is authorized for official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title which are
available for salaries and expenses shall be available for services as
authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Judiciary in this Act may be transferred between
such appropriations, but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender Services'' and ``Courts
of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners'', shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under sections 604 and 608 of this Act and
shall not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries and
expenses appropriation for ``Courts of Appeals, District Courts, and Other
Judicial Services'' shall be available for official reception and representation
expenses of the Judicial Conference of the United States: Provided, That such
available funds shall not exceed $11,000 and shall be administered by the
Director of the Administrative Office of the United States Courts in the
capacity as Secretary of the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall be applied
by substituting ``Federal'' for ``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding any
other provision of law, the United States Marshals Service shall provide, for
such courthouses as its Director may designate in consultation with the Director
of the Administrative Office of the United States Courts, for purposes of a
pilot program, the security services that 40 U.S.C. 1315 authorizes the
Department of Homeland Security to provide, except for the services specified in
40 U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service rather than the
Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter following
paragraph 12--
(1) in the second sentence (relating to the District of Kansas), by
striking ``32 years and 6 months'' and inserting ``33 years and 6
months''; and
(2) in the sixth sentence (relating to the District of Hawaii), by
striking ``29 years and 6 months'' and inserting ``30 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133
note) is amended in the second sentence (relating to the eastern District of
Missouri) by striking ``30 years and 6 months'' and inserting ``31 years and 6
months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133 note), is
amended--
(1) in the first sentence by striking ``21 years'' and inserting
``22 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``20 years and 6 months'' and inserting ``21
years and 6 months''; and
(3) in the third sentence (relating to the western district of North
Carolina), by striking ``19 years'' and inserting ``20 years''.
Sec. 307. Section 3006A(d)(1) of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1), by inserting ``, or the attorney's law
firm,'' after ``appointed pursuant to this section'';
(B) in paragraph (2), by inserting ``, or the attorney's law
firm,'' after ``paid to an attorney'' each place it appears;
(C) in paragraph (5), by inserting ``, or the attorney's law
firm'' after ``paid to the attorney''; and
(2) in subsection (f), by inserting ``, or the attorney's law firm''
after ``paid to the appointed attorney''.
This title may be cited as the ``Judiciary Appropriations Act, 2024''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited into a
dedicated account, for a nationwide program to be administered by the Mayor, for
District of Columbia resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any interest accrued
thereon, may be used on behalf of eligible District of Columbia residents to pay
an amount based upon the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further, That the
awarding of such funds may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such other factors as may be
authorized: Provided further, That the District of Columbia government shall
maintain a dedicated account for the Resident Tuition Support Program that shall
consist of the Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That the
account shall be under the control of the District of Columbia Chief Financial
Officer, who shall use those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the Office of the
Chief Financial Officer shall provide a quarterly financial report to the
Committees on Appropriations for these funds showing, by object class, the
expenditures made and the purpose therefor.
federal payment for emergency planning and security costs in the district of
columbia
For a Federal payment of necessary expenses, as determined by the Mayor of
the District of Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $30,000,000, to remain available until
expended, for the costs of providing public safety at events related to the
presence of the National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of Homeland Security, and
for the costs of providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts, including the
transfer and hire of motor vehicles, $292,068,000 to be allocated as follows:
for the District of Columbia Court of Appeals, $15,055,000, of which not to
exceed $2,500 is for official reception and representation expenses; for the
Superior Court of the District of Columbia, $141,973,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the District
of Columbia Court System, $88,290,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $46,750,000, to remain
available until September 30, 2025, for capital improvements for District of
Columbia courthouse facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment: Provided further, That,
in addition to the amounts appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this appropriation, to
remain available until expended, for salaries and expenses associated with such
activities, notwithstanding section 450 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.50): Provided further, That notwithstanding
any other provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than $9,000,000 of the funds
provided under this heading among the items and entities funded under this
heading: Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of chapter 35 of
title 5, United States Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including rescission of funds)
For payments authorized under section 11-2604 and section 11-2605, D.C.
Official Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in proceedings in
the Family Court of the Superior Court of the District of Columbia under chapter
23 of title 16, D.C. Official Code, or pursuant to contractual agreements to
provide guardian ad litem representation, training, technical assistance, and
such other services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings under
chapter 3 of title 16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided under the District of
Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act
of 1986), $46,005,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint Committee on
Judicial Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for expenses of other Federal
agencies: Provided further, That of the unobligated balances from prior year
appropriations made available under this heading, $25,000,000 are hereby
rescinded not later than September 30, 2024.
federal payment to the court services and offender supervision agency for the
district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the District
of Columbia, as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $286,016,000, of which not to exceed $2,000
is for official reception and representation expenses related to Community
Supervision and Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of 2002:
Provided, That, of the funds appropriated under this heading, $200,034,000 shall
be for necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision of adults subject
to protection orders or the provision of services for or related to such
persons, of which $4,253,000 shall remain available until September 30, 2026,
for costs associated with the relocation under replacement leases for
headquarters offices, field offices and related facilities: Provided further,
That, of the funds appropriated under this heading, $85,982,000 shall be
available to the Pretrial Services Agency, of which $2,503,000 shall remain
available until September 30, 2026, for costs associated with relocation under a
replacement lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies: Provided
further, That amounts under this heading may be used for programmatic incentives
for defendants to successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as authorized by
the National Capital Revitalization and Self-Government Improvement Act of 1997,
$53,629,000, of which $3,000,000 shall remain available until September 30,
2026, for costs associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities: Provided, That
notwithstanding any other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for salaries and expenses
of Federal agencies: Provided further, That the District of Columbia Public
Defender Service may establish for employees of the District of Columbia Public
Defender Service a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, except that the
maximum amount of the payment made under the program to any individual may not
exceed the amount referred to in section 3523(b)(3)(B) of title 5, United States
Code: Provided further, That for the purposes of engaging with, and receiving
services from, Federal Franchise Fund Programs established in accordance with
section 403 of the Government Management Reform Act of 1994, as amended, the
District of Columbia Public Defender Service shall be considered an agency of
the United States Government: Provided further, That the District of Columbia
Public Defender Service may enter into contracts for the procurement of
severable services and multiyear contracts for the acquisition of property and
services to the same extent and under the same conditions as an executive agency
under sections 3902 and 3903 of title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,450,000, to remain available until expended, to support initiatives related
to the coordination of Federal and local criminal justice resources in the
District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2025, to the
Commission on Judicial Disabilities and Tenure, $330,000, and for the Judicial
Nomination Commission, $300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the District of
Columbia, $52,500,000, to remain available until expended, for payments
authorized under the Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds are available for
opportunity scholarships and following the priorities included in section 3006
of such Act, the Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during any
previous school year: Provided further, That within funds provided for
opportunity scholarships, up to $1,750,000 shall be for the activities specified
in sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be for
the activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard, $600,000,
to remain available until expended for the Major General David F. Wherley, Jr.
District of Columbia National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human immunodeficiency
virus and acquired immunodeficiency syndrome in the District of Columbia,
$4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer Authority,
$8,000,000, to remain available until expended, to continue implementation of
the Combined Sewer Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match for this
payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the current
fiscal year out of the General Fund of the District of Columbia (``General
Fund'') for programs and activities set forth in the Fiscal Year 2024 Local
Budget Act of 2023 (D.C. Law 25-47) and at the rates set forth in such Act, as
amended as of the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A of the District
of Columbia Home Rule Act (section 1-204.50a, D.C. Official Code), sections 816
and 817 of the Financial Services and General Government Appropriations Act,
2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of this
Act, the total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2024 under this heading shall not exceed
the estimates included in the Fiscal Year 2024 Local Budget Act of 2023, as
amended as of the date of enactment of this Act or the sum of the total revenues
of the District of Columbia for such fiscal year: Provided further, That the
amount appropriated may be increased by proceeds of one-time transactions, which
are expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements contained in the
District of Columbia Home Rule Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are necessary to
assure that the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 2024, except that the Chief
Financial Officer may not reprogram for operating expenses any funds derived
from bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations Act,
2024''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the United
States, authorized by 5 U.S.C. 591 et seq., $3,430,000, to remain available
until September 30, 2025, of which not to exceed $1,000 is for official
reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission, including
hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but
at rates for individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to
recognize non-Federal officials' contributions to Commission activities, and not
to exceed $4,000 for official reception and representation expenses,
$150,975,000, of which $2,000,000 shall remain available until expended, to
carry out the program, including administrative costs, authorized by section
1405 of the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140,
as amended), and of which $2,000,000 shall remain available until expended, to
carry out the program, including administrative costs, authorized by section 204
of the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention
Act of 2022 (title II of division Q of Public Law 117-103).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2024, none of the amounts made available by
this Act may be used to finalize or implement the Safety Standard for
Recreational Off-Highway Vehicles published by the Consumer Product Safety
Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964)
until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department of
Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed under
paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. None of the funds provided may be used to promulgate, implement,
administer, or enforce any regulation issued by the U.S. Consumer Product Safety
Commission to ban gas stoves as a class of products.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of 2002
(Public Law 107-252), $27,720,000, of which $1,250,000 shall be made available
to the National Institute of Standards and Technology for election reform
activities authorized under the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002
(52 U.S.C. 20904(c)(2)(B)), $55,000,000, to be paid from the unobligated
balances from amounts in the fund established by section 9006(a) of title 26,
United States Code, is provided to the Election Assistance Commission for
necessary expenses to make payments to States for activities to improve the
administration of elections for Federal office, including to enhance election
technology and make election security improvements, as authorized by sections
101, 103, and 104 of such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands shall be deemed to be
a State and, for purposes of sections 101(d)(2) and 103(a) shall be treated in
the same manner as the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands: Provided further, That each reference to the
``Administrator of General Services'' or the ``Administrator'' in sections 101
and 103 shall be deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in section 103 shall be
deemed to refer to ``$1,000,000'' and each reference to ``$1,000,000'' in
section 103 shall be deemed to refer to ``$200,000'': Provided further, That
not later than two years after receiving a payment under this heading, a State
shall make available funds for such activities in an amount equal to 20 percent
of the total amount of the payment made to the State under this heading:
Provided further, That not later than 45 days after the date of enactment of
this Act, the Election Assistance Commission shall make the payments to States
under this heading: Provided further, That States shall submit quarterly
financial reports and annual progress reports.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as authorized by
5 U.S.C. 5901-5902; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109, $390,192,000, to remain
available until expended: Provided, That $390,192,000 of offsetting collections
shall be assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for necessary expenses
and shall remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections are received
during fiscal year 2024 so as to result in a final fiscal year 2024
appropriation estimated at $0: Provided further, That, notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that
may be retained and made available for obligation shall not exceed $136,167,000
for fiscal year 2024: Provided further, That, of the amount appropriated under
this heading, not less than $12,131,000 shall be for the salaries and expenses
of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency Temporary
Suspension Act is amended by striking ``December 31, 2023'' each place it
appears and inserting ``December 31, 2024''.
Sec. 511. None of the funds appropriated by this Act may be used by the
Federal Communications Commission to modify, amend, or change its rules or
regulations for universal service support payments to implement the February 27,
2004, recommendations of the Federal-State Joint Board on Universal Service
regarding single connection or primary line restrictions on universal service
support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in carrying out
chapter 4 of title 5, United States Code, $47,500,000, to be derived from the
Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal Election
Campaign Act of 1971, $80,857,000, of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor Relations
Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil
Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger motor vehicles, and
including official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and elsewhere,
$29,500,000: Provided, That public members of the Federal Service Impasses
Panel may be paid travel expenses and per diem in lieu of subsistence as
authorized by law (5 U.S.C. 5703) for persons employed intermittently in the
Government service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees charged
to non-Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without further
appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed
$2,000 for official reception and representation expenses, $425,700,000, to
remain available until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection services
in accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $278,000,000 of
offsetting collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be retained and used
for necessary expenses in this appropriation: Provided further, That,
notwithstanding any other provision of law, not to exceed $14,000,000 in
offsetting collections derived from fees to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud
and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal year 2024
so as to result in a final fiscal year 2024 appropriation from the general fund
estimated at no more than $133,700,000: Provided further, That none of the
funds made available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12
U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited into the
Fund, shall be available for necessary expenses of real property management and
related activities not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings; rental of buildings in
the District of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications relocation
expenses) in connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and moving;
repair and alteration of federally owned buildings, including grounds,
approaches, and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisition of
options to purchase buildings and sites; conversion and extension of federally
owned buildings; preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment for such
buildings); and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $9,470,022,000, of which--
(1) $259,692,000 shall remain available until expended for
construction and acquisition (including funds for sites and expenses,
and associated design and construction services), in addition to amounts
otherwise provided for such purposes, as follows:
Maryland:
Baltimore, Edward A. Garmatz U.S. Courthouse, $1,500,000;
National Capital Region:
Federal Bureau of Investigation Headquarters Consolidation,
$200,000,000;
Puerto Rico:
Clemente Ruiz-Nazario, U.S. Courthouse and Federico Degetau Federal
Building, $28,290,000;
Tennessee:
Chattanooga, U.S. Courthouse, $20,902,000; and
Washington:
Seattle, Design of Replacement Facility, $9,000,000:
Provided, That each of the foregoing limits of costs on construction
and acquisition may be exceeded to the extent that savings are effected
in other such projects, but not to exceed 20 percent of the amounts
included in a transmitted prospectus, if required, unless advance
approval is obtained from the Committees on Appropriations of the House
of Representatives and the Senate of a greater amount;
(2) $599,848,000 shall remain available until expended for repairs
and alterations, including associated design and construction services,
in addition to amounts otherwise provided for such purposes, of which--
(A) $211,515,000 is for Major Repairs and Alterations as
follows:
Kentucky:
Paducah, Federal Building and U.S. Courthouse, $40,479,000;
Oklahoma:
Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and U.S.
Post Office and Courthouse, $65,926,000;
Virginia:
Walter E. Hoffman U.S. Courthouse, $2,756,000;
Washington:
Tacoma, Tacoma Union Station, $79,256,000; and
West Virginia:
Martinsburg, IRS Enterprise Computing Center, $23,098,000:
(B) $376,333,000 is for Basic Repairs and Alterations; and
(C) $12,000,000 is for Special Emphasis Programs as follows:
Fire Protection and Life Safety Program, $5,000,000;
Consolidation Activities Program, $4,000,000;
Judiciary Capital Security Program, $3,000,000;
Provided, That funds made available in this or any previous Act in the
Federal Buildings Fund for Repairs and Alterations shall, for prospectus
projects, be limited to the amount identified for each project, except
each project in this or any previous Act may be increased by an amount
not to exceed 20 percent unless advance approval is obtained from the
Committees on Appropriations of the House of Representatives and the
Senate of a greater amount: Provided further, That additional projects
for which prospectuses have been fully approved may be funded under this
category only if advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to meet the
minimum standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the appropriate
Committees of the House and Senate: Provided further, That the
difference between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to ``Basic Repairs and Alterations'' or used to fund
authorized increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for ``Basic Repairs and
Alterations'' may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects;
(3) $5,659,298,000 for rental of space to remain available until
expended; and
(4) $2,951,184,000 for building operations to remain available until
expended: Provided, That the total amount of funds made available from
this Fund to the General Services Administration shall not be available
for expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C. 3307(a), has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
necessary to provide reimbursable special services to other agencies
under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2024, excluding reimbursements under 40 U.S.C. 592(b)(2), in excess of
the aggregate new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall remain in the
Fund and shall not be available for expenditure except as authorized in
appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for Government-
wide policy associated with the management of real and personal property assets
and certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles, information
technology management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; and evaluation activities as authorized by statute;
$70,474,000, of which $4,000,000 shall remain available until September 30,
2025.
operating expenses
For expenses authorized by law, not otherwise provided for, for Government-
wide activities associated with utilization and donation of surplus personal
property; disposal of real property; agency-wide policy direction, and
management; and in addition to any other amounts made available to the General
Services Administration for such purposes, the hire of passenger motor vehicles
pursuant to 42 U.S.C. 13211(3) and supporting infrastructure; $53,933,000, of
which not to exceed $7,500 is for official reception and representation
expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals, $10,248,000,
of which $2,000,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and services
authorized by 5 U.S.C. 3109, $73,837,000: Provided, That not to exceed
$1,500,000 shall be available for information technology enhancements related to
providing a modern technology case management solution: Provided further, That
not to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for recovery of
stolen Government property: Provided further, That not to exceed $2,500 shall
be available for awards to employees of other Federal agencies and private
citizens in recognition of efforts and initiatives resulting in enhanced Office
of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3 U.S.C. 102
note), and Public Law 95-138, $5,200,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses authorized by law in support of interagency projects that
enable the Federal Government to enhance its ability to conduct activities
electronically through the development and implementation of innovative uses of
information technology; $75,000,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until expended for
necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 and for
necessary expenses in support of interagency projects that enable the Federal
Government to enhance its ability to conduct activities electronically through
the development and implementation of innovative uses of information technology
in the aggregate amount not to exceed $250,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections accruing to this Fund
during fiscal year 2024 in excess of such amount shall remain in the Fund and
shall not be available for expenditure except as authorized in appropriations
Acts: Provided further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-time hires to
support activities related to the Administration's requirements under title II
of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115-
435): Provided further, That the transfer authorities provided herein shall be
in addition to any other transfer authority provided in this Act.
pre-election presidential transition
For activities authorized by the Presidential Transition Act of 1963, as
amended, not to exceed $10,413,000, to remain available until September 30,
2025: Provided, That such amounts may be transferred to ``Acquisition Services
Fund'' or ``Federal Buildings Fund'' to reimburse obligations incurred for the
purposes provided herein in fiscal years 2023 and 2024: Provided further, That
amounts made available under this heading shall be in addition to any other
amounts available for such purposes.
working capital fund
For the Working Capital Fund of the General Services Administration,
$4,000,000, to remain available until expended, for necessary costs incurred by
the Administrator to modernize rulemaking systems and to provide support
services for Federal rulemaking agencies.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration shall be
available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for fiscal
year 2024 for Federal Buildings Fund activities may be transferred between such
activities only to the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made available
by this Act shall be used to transmit a fiscal year 2025 request for United
States Courthouse construction only if the request: (1) meets the design guide
standards for construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the Office of
Management and Budget; (2) reflects the priorities of the Judicial Conference of
the United States as set out in its approved Courthouse Project Priorities plan;
and (3) includes a standardized courtroom utilization study of each facility to
be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to increase
the amount of occupiable square feet, provide cleaning services, security
enhancements, or any other service usually provided through the Federal
Buildings Fund, to any agency that does not pay the rate per square foot
assessment for space and services as determined by the General Services
Administration in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal Buildings
Fund, Limitations on Availability of Revenue'', claims against the Government of
less than $250,000 arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other construction projects
with prior notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment
and Public Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the Administrator of the
General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements, except that, if the
Administrator determines that the delineated area of the procurement should not
be identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such committees
and the Committees on Appropriations of the House of Representatives and the
Senate prior to exercising any lease authority provided in the resolution.
Sec. 526. With respect to projects funded under the heading ``Federal
Citizen Services Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be undertaken to the
Committees on Appropriations of the House of Representatives and the Senate not
later than 60 days after the date of enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $2,970,000, to remain available
until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil
Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5
U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere, hire of passenger
motor vehicles, direct procurement of survey printing, and not to exceed $2,000
for official reception and representation expenses, $49,135,000, to remain
available until September 30, 2025, and in addition not to exceed $2,345,000, to
remain available until September 30, 2025, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation, pursuant
to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601 et
seq.), $1,782,000, to remain available for direct expenditure until expended, of
which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000 shall be
available to carry out the activities authorized by section 6(7) of Public Law
102-259 and section 817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That all current and previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain available until expended
for audits and investigations of the Morris K. Udall and Stewart L. Udall
Foundation, consistent with chapter 4 of title 5, United States Code, and for
annual independent financial audits of the Morris K. Udall and Stewart L. Udall
Foundation pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts transferred to the Office of
Inspector General of the Department of the Interior may be transferred to the
Morris K. Udall and Stewart L. Udall Foundation for annual independent financial
audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That contingent upon the enactment of legislation
making interest earned from investments of the Trust Fund subject to
appropriations, any interest earned during fiscal year 2024 from investments
made from discretionary appropriations to the Morris K. Udall and Stewart L.
Udall Trust Fund after the date provided for in such legislation shall be
available until expended.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry out
activities authorized in the Environmental Policy and Conflict Resolution Act of
1998, $3,904,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the National
Archives and Records Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary for the review and
declassification of documents, the activities of the Public Interest
Declassification Board, the operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $427,250,000, of which $30,000,000 shall remain available until
expended for expenses necessary to enhance the Federal Government's ability to
electronically preserve, manage, and store Government records, and of which
$2,000,000 shall remain available until expended to make publicly available
records related to missing Armed Forces and civilian personnel.
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Reform Act of 2008, Public Law 110-409,
122 Stat. 4302-16 (2008), and chapter 4 of title 5, United States Code, and for
the hire of passenger motor vehicles, $5,920,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities and
museum exhibits, related equipment for public spaces, and to provide adequate
storage for holdings, $25,500,000, to remain available until expended, of which
no less than $17,500,000 is for improvements to the Eisenhower Presidential
Library in Abilene, Kansas.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $10,000,000, to remain
available until expended.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical Publications
and Records Commission Grants Program'', $38,414,000, which shall be for
initiatives in the amounts and for the projects specified in the table that
appears under the heading ``Administrative Provisions--National Archives and
Records Administration'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided, That none
of the funds made available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as authorized by
42 U.S.C. 9812, 9822, and 9910, $3,465,000 shall be available until September
30, 2025, for technical assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of Government
Ethics pursuant to chapter 131 of title 5, United States Code, the Ethics Reform
Act of 1989, and the Representative Louise McIntosh Slaughter Stop Trading on
Congressional Knowledge Act of 2012, including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $23,037,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of Personnel
Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the
Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C.
3109; medical examinations performed for veterans by private physicians on a fee
basis; rental of conference rooms in the District of Columbia and elsewhere;
hire of passenger motor vehicles; not to exceed $2,500 for official reception
and representation expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an employee
to remain overnight at his or her post of duty, $219,076,000: Provided, That of
the total amount made available under this heading, $15,816,000 may remain
available until expended, for information technology modernization and Trust
Fund Federal Financial System migration or modernization, and shall be in
addition to funds otherwise made available for such purposes: Provided further,
That of the total amount made available under this heading, $1,167,805 may be
made available for strengthening the capacity and capabilities of the
acquisition workforce (as defined by the Office of Federal Procurement Policy
Act, as amended (41 U.S.C. 4001 et seq.)), including the recruitment, hiring,
training, and retention of such workforce and information technology in support
of acquisition workforce effectiveness or for management solutions to improve
acquisition management; and in addition $192,975,000 for administrative
expenses, to be transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of printed materials, for
the retirement and insurance programs: Provided further, That the provisions of
this appropriation shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of
this appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358 of July
1, 1943, or any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive Order
No. 11183 of October 3, 1964, may, during fiscal year 2024, accept donations of
money, property, and personal services: Provided further, That such donations,
including those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except that no
such donations shall be accepted for travel or reimbursement of travel expenses,
or for the salaries of employees of such Commission: Provided further, That not
to exceed 5 percent of amounts made available under this heading may be
transferred to an information technology working capital fund established for
purposes authorized by subtitle G of title X of division A of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 40 U.S.C.
11301 note): Provided further, That the OPM Director shall notify, and receive
approval from, the Committees on Appropriations of the House of Representatives
and the Senate at least 15 days in advance of any transfer under the preceding
proviso: Provided further, That amounts transferred to such a fund under such
transfer authority from any organizational category of OPM shall not exceed 5
percent of each such organizational category's budget as identified in the
report required by section 608 of this Act: Provided further, That amounts
transferred to such a fund shall remain available for obligation through
September 30, 2027.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in carrying out
the provisions of chapter 4 of title 5, United States Code, including services
as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $6,839,000,
and in addition, not to exceed $29,192,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of Personnel Management's
retirement and insurance programs, to be transferred from the appropriate trust
funds of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent conference
rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of Special
Counsel, including services as authorized by 5 U.S.C. 3109, payment of fees and
expenses for witnesses, rental of conference rooms in the District of Columbia
and elsewhere, and hire of passenger motor vehicles, $31,585,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight Board,
as authorized by section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee), $13,700,000, to remain available
until September 30, 2025.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in carrying
out the Federal Assets Sale and Transfer Act of 2016 (Public Law 114-287),
$3,960,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission, including
services as authorized by 5 U.S.C. 3109, the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere, and not to
exceed $3,500 for official reception and representation expenses,
$2,149,000,000, to remain available until expended; of which not less than
$20,050,000 shall be for the Office of Inspector General; of which not to exceed
$275,000 shall be available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, members of
their delegations and staffs to exchange views concerning securities matters,
such expenses to include necessary logistic and administrative expenses and the
expenses of Commission staff and foreign invitees in attendance including: (1)
incidental expenses such as meals; (2) travel and transportation; and (3)
related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication, and
related costs associated with a replacement leases for the Commission's office
facilities, not to exceed $39,658,000, to remain available until expended:
Provided, That any unobligated balances from funds made available under this
heading in prior Acts for replacement leases for the Commission's headquarters
and other regional office facilities may be used for such purposes at any
Commission office facility, notwithstanding provisos in such Acts limiting use
to particular office facilities, and notwithstanding provisos in such Acts
requiring that de-obligated amounts derived from the general fund be returned to
the general fund or that de-obligated amounts derived from fees or assessments
be paid to national securities exchanges and national securities associations in
proportion to any fees or assessments paid by such national securities exchange
or national securities association.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year 2024, all
amounts appropriated under this heading shall be deemed to be the regular
appropriation to the Commission for fiscal year 2024: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78ee) shall be credited to this account as offsetting collections:
Provided further, That not to exceed $2,149,000,000 of such offsetting
collections shall be available until expended for necessary expenses of this
account; not to exceed $39,658,000 of such offsetting collections shall be
available until expended for move, replication, and related costs under this
heading associated with a replacement leases for the Commission's office
facilities: Provided further, That the total amount appropriated under this
heading from the general fund for fiscal year 2024 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal year 2024
appropriation from the general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including expenses
of attendance at meetings and of training for uniformed personnel assigned to
the Selective Service System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C.
3109; and not to exceed $750 for official reception and representation expenses;
$31,300,000: Provided, That during the current fiscal year, the President may
exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person into the Armed
Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small Business
Administration, including hire of passenger motor vehicles as authorized by
sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500
for official reception and representation expenses, $361,235,000, of which not
less than $12,000,000 shall be available for examinations, reviews, and other
lender oversight activities: Provided, That the Administrator is authorized to
charge fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees authorized
by section 5(b) of the Small Business Act: Provided further, That,
notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided further, That the
Small Business Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2024: Provided further,
That $6,100,000 shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2025: Provided further, That
$20,500,000 shall be available for costs associated with the certification of
small business concerns owned and controlled by veterans or service-disabled
veterans under sections 36A and 36 of the Small Business Act (15 U.S.C. 657f-1;
657f), respectively, and section 862 of Public Law 116-283, to be available
until September 30, 2025.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and small
business development, $316,800,000, to remain available until September 30,
2025: Provided, That $140,000,000 shall be available to fund grants for
performance in fiscal year 2024 or fiscal year 2025 as authorized by section 21
of the Small Business Act: Provided further, That $41,000,000 shall be for
marketing, management, and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under
the microloan program: Provided further, That $20,000,000 shall be available
for grants to States to carry out export programs that assist small business
concerns authorized under section 22(l) of the Small Business Act (15 U.S.C.
649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out
the provisions of chapter 4 of title 5, United States Code, $37,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and the
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), $10,109,000, to
remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $6,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the Congressional Budget
Act of 1974, during fiscal year 2024 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958 and commitments for
loans authorized under subparagraph (C) of section 502(7) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate,
$16,500,000,000: Provided further, That during fiscal year 2024 commitments for
general business loans authorized under paragraphs (1) through (35) of section
7(a) of the Small Business Act shall not exceed $35,000,000,000 for a
combination of amortizing term loans and the aggregated maximum line of credit
provided by revolving loans: Provided further, That during fiscal year 2024
commitments to guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958 shall not exceed $6,000,000,000: Provided
further, That during fiscal year 2024, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not exceed a
principal amount of $15,000,000,000. In addition, for administrative expenses to
carry out the direct and guaranteed loan programs, $162,000,000, which may be
transferred to and merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program authorized
by section 7(b) of the Small Business Act, $175,000,000, to be available until
expended, of which $1,600,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of disaster loans and the
disaster loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which $165,000,000 is for
direct administrative expenses of loan making and servicing to carry out the
direct loan program, which may be transferred to and merged with the
appropriations for Salaries and Expenses; and of which $8,400,000 is for
indirect administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and Expenses:
Provided, That, of the funds provided under this heading, $143,000,000 shall be
for major disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(2)): Provided further, That the
amount for major disasters under this heading is designated by the Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Small Business Administration in this Act may be
transferred between such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that section.
Sec. 541. Not to exceed 3 percent of any appropriation made available in
this Act for the Small Business Administration under the headings ``Salaries and
Expenses'' and ``Business Loans Program Account'' may be transferred to the
Administration's information technology system modernization and working capital
fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018, for the purposes
specified in section 1077(b)(3) of such Act, upon the advance approval of the
Committees on Appropriations of the House of Representatives and the Senate:
Provided, That amounts transferred to the IT WCF under this section shall remain
available for obligation through September 30, 2027.
Sec. 542. For an additional amount for ``Small Business Administration--
Salaries and Expenses'', $116,541,000, which shall be for initiatives related to
small business development and entrepreneurship, including programmatic,
construction, and acquisition activities, in the amounts and for the projects
specified in the table that appears under the heading ``Administrative
Provisions--Small Business Administration'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That, notwithstanding sections 2701.92 and 2701.93 of title 2,
Code of Federal Regulations, the Administrator of the Small Business
Administration may permit awards to subrecipients for initiatives funded under
this section: Provided further, That none of the funds made available by this
section may be transferred for any other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free and
reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title
39, United States Code, $49,750,000: Provided, That mail for overseas voting
and mail for the blind shall continue to be free: Provided further, That none
of the funds made available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement, a fee
for information requested or provided concerning an address of a postal
customer: Provided further, That none of the funds provided in this Act shall
be used to consolidate or close small rural and other small post offices:
Provided further, That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species Conservation Funds
Semipostal Stamp, as authorized under the Multinational Species Conservation
Funds Semipostal Stamp Act of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in carrying out
the provisions of chapter 4 of title 5, United States Code, $268,290,000, to be
derived by transfer from the Postal Service Fund and expended as authorized by
section 603(b)(3) of the Postal Accountability and Enhancement Act (Public Law
109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other services as
authorized by 5 U.S.C. 3109, and not to exceed $3,000 for official reception and
representation expenses, $56,727,000, of which $1,000,000 shall remain available
until expended: Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 601. None of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory proceedings funded in
this Act.
Sec. 602. None of the funds appropriated in this Act shall remain available
for obligation beyond the current fiscal year, nor may any be transferred to
other appropriations, except for transfers made pursuant to the authority in
section 3173(d) of title 40, United States Code, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for any
consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall
be limited to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be available
for any activity or for paying the salary of any Government employee where
funding an activity or paying a salary to a Government employee would result in
a decision, determination, rule, regulation, or policy that would prohibit the
enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the entity will
comply with chapter 83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made available under this Act
shall be made available to any person or entity that has been convicted of
violating chapter 83 of title 41, United States Code.
Sec. 608. 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 the Committee on Appropriations of
either the House of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or
reorganizes offices, programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization, restructuring,
relocation, or closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That not later
than 60 days after the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year: Provided
further, That at a minimum the report shall include: (1) a table for each
appropriation, detailing both full-time employee equivalents and budget
authority, with separate columns to display the prior year enacted level, the
President's budget request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a
delineation in the table for each appropriation and its respective prior year
enacted level by object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall apply to
all items for which a dollar amount is specified and to all programs for which
new budget authority is provided, as well as to discretionary grants and
discretionary grant allocations; and (3) an identification of items of special
congressional interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be reduced by $100,000 per
day for each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to exceed
50 percent of unobligated balances remaining available at the end of fiscal year
2024 from appropriations made available for salaries and expenses for fiscal
year 2024 in this Act, shall remain available through September 30, 2025, for
each such account for the purposes authorized: Provided, That a request shall
be submitted to the Committees on Appropriations of the House of Representatives
and the Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act may be used by
the Executive Office of the President to request--
(1) any official background investigation report on any individual
from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an organization
as described in section 501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code from the
Department of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report, if
such individual has given express written consent for such request not
more than 6 months prior to the date of such request and during the same
presidential administration; or
(2) if such request is required due to extraordinary circumstances
involving national security.
Sec. 611. The cost accounting standards promulgated under chapter 15 of
title 41, United States Code shall not apply with respect to a contract under
the Federal Employees Health Benefits Program established under chapter 89 of
title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing any
settlement agreements regarding the nonforeign area cost-of-living allowance
program, the Office of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses imposed in an
appropriations Act) funds made available to the Office of Personnel Management
pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to pay for
an abortion, or the administrative expenses in connection with any health plan
under the Federal employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the life of
the mother would be endangered if the fetus were carried to term, or the
pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial information
technology, the restriction on purchasing nondomestic articles, materials, and
supplies set forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the acquisition by the
Federal Government of information technology (as defined in section 11101 of
title 40, United States Code), that is a commercial item (as defined in section
103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States Code, no
officer or employee of any regulatory agency or commission funded by this Act
may accept on behalf of that agency, nor may such agency or commission accept,
payment or reimbursement from a non-Federal entity for travel, subsistence, or
related expenses for the purpose of enabling an officer or employee to attend
and participate in any meeting or similar function relating to the official
duties of the officer or employee when the entity offering payment or
reimbursement is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by such
agency or commission, unless the person or entity is an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law, an Executive
agency covered by this Act otherwise authorized to enter into contracts for
either leases or the construction or alteration of real property for office,
meeting, storage, or other space must consult with the General Services
Administration before issuing a solicitation for offers of new leases or
construction contracts, and in the case of succeeding leases, before entering
into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency lease may do
so during any period declared by the President to require emergency leasing
authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency covered by
this Act'' means any Executive agency provided funds by this Act, but does not
include the General Services Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities the
amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United States
Code, and the Retired Federal Employees Health Benefits Act (74
Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and increased
annuity benefits under the Civil Service Retirement and Disability Fund
(5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions other
than subchapter III of chapter 83 or chapter 84 of title 5, United
States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on the use
of funds contained in this Act.
Sec. 619. None of the funds made available in this Act may be used by the
Federal Trade Commission to complete the draft report entitled ``Interagency
Working Group on Food Marketed to Children: Preliminary Proposed Nutrition
Principles to Guide Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with Executive Order No.
13563.
Sec. 620. (a) The head of each executive branch agency funded by this Act
shall ensure that the Chief Information Officer of the agency has the authority
to participate in decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency funded by this Act
that are available for information technology shall be allocated within the
agency, consistent with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the Office of Management and
Budget, in such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer of the
agency and budget officials.
Sec. 621. None of the funds made available in this Act may be used in
contravention of chapter 29, 31, or 33 of title 44, United States Code.
Sec. 622. None of the funds made available in this Act may be used by a
governmental entity to require the disclosure by a provider of electronic
communication service to the public or remote computing service of the contents
of a wire or electronic communication that is in electronic storage with the
provider (as such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amendment to the
Constitution of the United States.
Sec. 623. No funds provided in this Act shall be used to deny an Inspector
General funded under this Act timely access to any records, documents, or other
materials available to the department or agency over which that Inspector
General has responsibilities under chapter 4 of title 5, United State Code, or
to prevent or impede that Inspector General's access to such records, documents,
or other materials, under any provision of law, except a provision of law that
expressly refers to the Inspector General and expressly limits the Inspector
General's right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall ensure
compliance with statutory limitations on disclosure relevant to the information
provided by the establishment over which that Inspector General has
responsibilities under chapter 4 of title 5, United State Code. Each Inspector
General covered by this section shall report to the Committees on Appropriations
of the House of Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 624. None of the funds appropriated by this Act may be used by the
Federal Communications Commission to modify, amend, or change the rules or
regulations of the Commission for universal service high-cost support for
competitive eligible telecommunications carriers in a way that is inconsistent
with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this section shall
not prohibit the Commission from considering, developing, or adopting other
support mechanisms as an alternative to Mobility Fund Phase II: Provided
further, That any such alternative mechanism shall maintain existing high-cost
support to competitive eligible telecommunications carriers until support under
such mechanism commences.
Sec. 625. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, Tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made available by
this Act may be used to pay award or incentive fees for contractors whose
performance has been judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a contract, unless the
Agency determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the overall scope
of the project and/or program and unless such awards or incentive fees are
consistent with section 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act may be used to
pay for travel and conference activities that result in a total cost to an
Executive branch department, agency, board or commission funded by this Act of
more than $500,000 at any single conference unless the agency or entity
determines that such attendance is in the national interest and advance notice
is transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be used to pay for
the travel to or attendance of more than 50 employees, who are stationed in the
United States, at any single conference occurring outside the United States
unless the agency or entity determines that such attendance is in the national
interest and advance notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used for
first-class or business-class travel by the employees of executive branch
agencies funded by this Act in contravention of sections 301-10.122 through 301-
10.125 of title 41, Code of Federal Regulations.
Sec. 629. In addition to any amounts appropriated or otherwise made
available for expenses related to enhancements to www.oversight.gov and to
further develop the data analytics capabilities of the Pandemic Response
Accountability Committee to enhance transparency, and to prevent, detect, and
remediate waste, fraud and abuse in Federal spending, $2,850,000, to remain
available until expended, of which $850,000 is for enhancements to
oversight.gov, shall be provided for an additional amount for such purposes to
the Inspectors General Council Fund established pursuant to section 11(c)(3)(B)
of chapter 4 of title 5, United States Code: Provided, That these amounts shall
be in addition to any amounts or any authority available to the Council of the
Inspectors General on Integrity and Efficiency under section 424 of title 5,
United States Code.
Sec. 630. None of the funds made available by this Act may be obligated on
contracts in excess of $5,000 for public relations, as that term is defined in
Office and Management and Budget Circular A-87 (revised May 10, 2004), unless
advance notice of such an obligation is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 631. Federal agencies funded under this Act shall clearly state within
the text, audio, or video used for advertising or educational purposes,
including emails or Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer expense. The funds used
by a Federal agency to carry out this requirement shall be derived from amounts
made available to the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 632. When issuing statements, press releases, requests for proposals,
bid solicitations and other documents describing projects or programs funded in
whole or in part with Federal money, all grantees receiving Federal funds
included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or program;
and
(3) percentage and dollar amount of the total costs of the project
or program that will be financed by non-governmental sources.
Sec. 633. None of the funds made available by this Act shall be used by the
Securities and Exchange Commission to finalize, issue, or implement any rule,
regulation, or order regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to trade associations.
Sec. 634. Not later than 45 days after the last day of each quarter, each
agency funded in this Act shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a quarterly budget report that
includes total obligations of the Agency for that quarter for each
appropriation, by the source year of the appropriation.
Sec. 635. Of the unobligated balances available in the Department of the
Treasury, Treasury Forfeiture Fund, established by section 9703 of title 31,
United States Code, $387,500,000 shall be permanently rescinded not later than
September 30, 2024.
Sec. 636. Of the unobligated balances of amounts made available under
section 4010 of the American Rescue Plan Act of 2021 (Public Law 117-2),
$10,000,000 are hereby rescinded.
Sec. 637. Of the unobligated balances of amounts made available under
section 4011 of the American Rescue Plan Act of 2021 (Public Law 117-2),
$100,000,000 are hereby rescinded.
Sec. 638. Of the unobligated balances of amounts made available under
section 3301(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-
2), $283,000,000 are hereby rescinded not later than September 30, 2024.
Sec. 639. Of the unobligated balances of amounts made available under
section 7402(c)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-
2), $1,768,000,000 are hereby rescinded not later than September 30, 2024.
Sec. 640. Of the unobligated balances of amounts made available under
section 10301(1)(A)(ii) of the Act to provide for reconciliation pursuant to
title II of S. Con. Res.14 (Public Law 117-169, commonly referred to as the
``Inflation Reduction Act''), $10,200,000,000 are hereby rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the United States
receiving appropriated funds under this or any other Act for fiscal year 2024
shall obligate or expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as defined in
the Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of
such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum amount
allowable during the current fiscal year in accordance with section 1343(c) of
title 31, United States Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, vans, law enforcement vehicles, protective
vehicles, undercover surveillance vehicles, and police-type vehicles), is hereby
fixed at $40,000 except station wagons for which the maximum shall be $41,140:
Provided, That these limits may be exceeded by not to exceed $7,775 for police-
type vehicles: Provided further, That the limits set forth in this section may
not be exceeded by more than 5 percent for electric or hybrid vehicles purchased
for demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided further, That
the limits set forth in this section may be exceeded by the incremental cost of
clean alternative fuels vehicles acquired pursuant to Public Law 101-549 over
the cost of comparable conventionally fueled vehicles: Provided further, That
the limits set forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but not
limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and independent
establishments for the current fiscal year available for expenses of travel, or
for the expenses of the activity concerned, are hereby made available for
quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C.
5922-5924.
Sec. 704. Unless otherwise specified in law during the current fiscal year,
no part of any appropriation contained in this or any other Act shall be used to
pay the compensation of any officer or employee of the Government of the United
States (including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is
admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C.
1158 and has filed a declaration of intention to become a lawful permanent
resident and then a citizen when eligible; or (4) is a person who owes
allegiance to the United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered prima facie evidence
that the requirements of this section with respect to his or her status are
being complied with: Provided further, That for purposes of paragraphs (2) and
(3) such affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making a false
affidavit shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to, and not in
substitution for, any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is an officer or
employee of the Government of the United States on the date of enactment of this
Act, or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary employment
in the field service (not to exceed 60 days) as a result of emergencies:
Provided further, That this section does not apply to the employment as Wildland
firefighters for not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant to an agreement
with another country.
Sec. 705. Appropriations available to any department or agency during the
current fiscal year for necessary expenses, including maintenance or operating
expenses, shall also be available for payment to the General Services
Administration for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which constitute public
improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any other Act, all
Federal agencies are authorized to receive and use funds resulting from the sale
of materials, including Federal records disposed of pursuant to a records
schedule recovered through recycling or waste prevention programs. Such funds
shall be available until expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 14057 (December 8, 2021),
including any such programs adopted prior to the effective date of the
Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation of
hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for administrative
expenses in the current fiscal year of the corporations and agencies subject to
chapter 91 of title 31, United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for rent in the District
of Columbia; services in accordance with 5 U.S.C. 3109; and the objects
specified under this head, all the provisions of which shall be applicable to
the expenditure of such funds unless otherwise specified in the Act by which
they are made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from other
funds, the limitations on administrative expenses shall be correspondingly
reduced.
Sec. 708. No part of any appropriation contained in this or any other Act
shall be available for interagency financing of boards (except Federal Executive
Boards), commissions, councils, committees, or similar groups (whether or not
they are interagency entities) which do not have a prior and specific statutory
approval to receive financial support from more than one agency or
instrumentality.
Sec. 709. None of the funds made available pursuant to the provisions of
this or any other Act shall be used to implement, administer, or enforce any
regulation which has been disapproved pursuant to a joint resolution duly
adopted in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any department or agency,
or any other officer or civilian employee of the Federal Government appointed by
the President of the United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the office of such
department head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such furnishing
or redecoration is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate. For the purposes of this section, the term
``office'' shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds
made available for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other Act may
be obligated or expended by any department, agency, or other instrumentality of
the Federal Government to pay the salaries or expenses of any individual
appointed to a position of a confidential or policy-determining character that
is excepted from the competitive service under section 3302 of title 5, United
States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C individual certifies
to the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal employees or
members of the armed forces detailed to or from an element of the intelligence
community (as that term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any other Act
shall be available for the payment of the salary of any officer or employee of
the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit or
prevent, any other officer or employee of the Federal Government from
having any direct oral or written communication or contact with any
Member, committee, or subcommittee of the Congress in connection with
any matter pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee or in
response to the request or inquiry of such Member, committee, or
subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces in
rank, seniority, status, pay, or performance or efficiency rating,
denies promotion to, relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right, entitlement, or
benefit, or any term or condition of employment of, any other officer or
employee of the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such other
officer or employee with any Member, committee, or subcommittee of the
Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other Act may
be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content and
methods to be used in the training and written end of course evaluation;
(4) contains any methods or content associated with religious or
quasi-religious belief systems or ``new age'' belief systems as defined
in Equal Employment Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change, participants' personal
values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise preclude
an agency from conducting training bearing directly upon the performance of
official duties.
Sec. 715. No part of any funds appropriated in this or any other Act shall
be used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or propaganda
purposes, and for the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation designed to
support or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act may be
used by an agency to provide a Federal employee's home address to any labor
organization except when the employee has authorized such disclosure or when
such disclosure has been ordered by a court of competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act may be
used to provide any non-public information such as mailing, telephone, or
electronic mailing lists to any person or any organization outside of the
Federal Government without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this or any other Act
shall be used directly or indirectly, including by private contractor, for
publicity or propaganda purposes within the United States not heretofore
authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105; and
(2) includes a military department, as defined under section 102 of
such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations to use such time
for other purposes, an employee of an agency shall use official time in an
honest effort to perform official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable proportion of such
employee's time in the performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds
made available for the current fiscal year by this or any other Act to any
department or agency, which is a member of the Federal Accounting Standards
Advisory Board (FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the
head of each Executive department and agency is hereby authorized to transfer to
or reimburse ``General Services Administration, Government-wide Policy'' with
the approval of the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act, including
rebates from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support Government-
wide and other multi-agency financial, information technology, procurement, and
other management innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the Director of the Office
of Management and Budget, in consultation with the appropriate interagency and
multi-agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the Chief
Financial Officers Council for financial management initiatives, the Chief
Information Officers Council for information technology initiatives, the Chief
Human Capital Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and the Performance
Improvement Council for performance improvement initiatives): Provided further,
That the total funds transferred or reimbursed shall not exceed $15,000,000 to
improve coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and not to
exceed $17,000,000 for Government-wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for reimbursement of
``General Services Administration, Government-Wide Policy'' during fiscal year
2024 shall remain available for obligation through September 30, 2025: Provided
further, That not later than 90 days after enactment of this Act, the Director
of the Office of Management and Budget, in consultation with the Administrator
of General Services, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Oversight and
Accountability of the House of Representatives a detailed spend plan for the
funds to be transferred or reimbursed: Provided further, That the spend plan
shall, at a minimum, include: (i) the amounts currently in the funds authorized
under this section and the estimate of amounts to be transferred or reimbursed
in fiscal year 2024; (ii) a detailed breakdown of the purposes for all funds
estimated to be transferred or reimbursed pursuant to this section (including
total number of personnel and costs for all staff whose salaries are provided
for by this section); (iii) where applicable, a description of the funds
intended for use by or for the benefit of each executive council; and (iv) where
applicable, a description of the funds intended for use by or for the
implementation of specific laws passed by Congress: Provided further, That no
transfers or reimbursements may be made pursuant to this section until 15 days
following notification of the Committees on Appropriations of the House of
Representatives and the Senate by the Director of the Office of Management and
Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on Federal
property, if the woman and her child are otherwise authorized to be present at
the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds
made available for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the budget of and
resources connected with the National Science and Technology Council to the
Committees on Appropriations of the House of Representatives and the Senate, the
House Committee on Science, Space, and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant application, form,
notification, press release, or other publications involving the distribution of
Federal funds shall comply with any relevant requirements in part 200 of title
2, Code of Federal Regulations: Provided, That this section shall apply to
direct payments, formula funds, and grants received by a State receiving Federal
funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of Individuals'
Internet Use.--None of the funds made available in this or any other Act may be
used by any Federal agency--
(1) to collect, review, or create any aggregation of data, derived
from any means, that includes any personally identifiable information
relating to an individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any aggregation
of data, derived from any means, that includes any personally
identifiable information relating to an individual's access to or use of
any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a) shall not
apply to--
(1) any record of aggregate data that does not identify particular
persons;
(2) any voluntary submission of personally identifiable information;
(3) any action taken for law enforcement, regulatory, or supervisory
purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be used to
enter into or renew a contract which includes a provision providing prescription
drug coverage, except where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan objects
to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or renews a
contract under this section may not subject any individual to discrimination on
the basis that the individual refuses to prescribe or otherwise provide for
contraceptives because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage of
abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of its
Olympic, Pan American, and Paralympic athletes, and supports the strict
adherence to anti-doping in sport through testing, adjudication, education, and
research as performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds appropriated
for official travel to Federal departments and agencies may be used by such
departments and agencies, if consistent with Office of Management and Budget
Circular A-126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the funds
appropriated or made available under this or any other appropriations Act may be
used to implement or enforce restrictions or limitations on the Coast Guard
Congressional Fellowship Program, or to implement the proposed regulations of
the Office of Personnel Management to add sections 300.311 through 300.316 to
part 300 of title 5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive branch
agency shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval of the
Committees on Appropriations of the House of Representatives and the Senate,
except that the Federal Law Enforcement Training Centers is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Centers
facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the funds
provided in this or any other Act may be used by an executive branch agency to
produce any prepackaged news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification within the text or
audio of the prepackaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used in
contravention of section 552a of title 5, United States Code (popularly known as
the Privacy Act), and regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated or otherwise made
available by this or any other Act may be used for any Federal Government
contract with any foreign incorporated entity which is treated as an inverted
domestic corporation under section 835(b) of the Homeland Security Act of 2002
(6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of such
Secretary if the Secretary determines that the waiver is required in the
interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal Government
contract entered into before the date of the enactment of this Act, or to any
task order issued pursuant to such contract.
Sec. 734. During fiscal year 2024, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5,
United States Code; or
(2) retires under any other provision of subchapter III of chapter
83 or chapter 84 of such title 5 and receives a payment as an incentive
to separate, the separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the Office of
Personnel Management's average unit cost of processing a retirement
claim for the preceding fiscal year. Such amounts shall be available
until expended to the Office of Personnel Management and shall be deemed
to be an administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 735. (a) None of the funds made available in this or any other Act may
be used to recommend or require any entity submitting an offer for a Federal
contract to disclose any of the following information as a condition of
submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to a candidate for election for
Federal office or to a political committee, or that is otherwise made
with respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment described in
paragraph (1)) made by the entity, its officers or directors, or any of
its affiliates or subsidiaries to any person with the intent or the
reasonable expectation that the person will use the funds to make a
payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'', ``expenditure'',
``independent expenditure'', ``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given such term in the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other Act may be
used to pay for the painting of a portrait of an officer or employee of the
Federal Government, including the President, the Vice President, a Member of
Congress (including a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title 41, United
States Code), or the head of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and except as
otherwise provided in this section, no part of any of the funds appropriated for
fiscal year 2024, by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of the limitation
imposed by the comparable section for the previous fiscal years until
the normal effective date of the applicable wage survey adjustment that
is to take effect in fiscal year 2024, in an amount that exceeds the
rate payable for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal year
2024, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than the sum
of--
(i) the percentage adjustment taking effect in fiscal year
2024 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2024 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate employee
described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United
States Code, and no employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a rate that exceeds
the rates that would be payable under paragraph (1) were paragraph (1)
applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an employee
who is covered by this subsection and who is paid from a schedule not in
existence on September 30, 2023, shall be determined under regulations
prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for
employees subject to this subsection may not be changed from the rates in effect
on September 30, 2023, except to the extent determined by the Office of
Personnel Management to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service performed
after September 30, 2023.
(6) For the purpose of administering any provision of law (including any
rule or regulation that provides premium pay, retirement, life insurance, or any
other employee benefit) that requires any deduction or contribution, or that
imposes any requirement or limitation on the basis of a rate of salary or basic
pay, the rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or require the
payment to any employee covered by this subsection at a rate in excess of the
rate that would be payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the
limitations imposed by this subsection if the Office determines that such
exceptions are necessary to ensure the recruitment or retention of qualified
employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic pay for
the statutory pay systems that take place in fiscal year 2024 under sections
5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in the same
location whose rates of basic pay are adjusted pursuant to the statutory
pay systems under sections 5303 and 5304 of title 5, United States Code:
Provided, That prevailing rate employees at locations where there are
no employees whose pay is increased pursuant to sections 5303 and 5304
of title 5, United States Code, and prevailing rate employees described
in section 5343(a)(5) of title 5, United States Code, shall be
considered to be located in the pay locality designated as ``Rest of
United States'' pursuant to section 5304 of title 5, United States Code,
for purposes of this subsection; and
(2) effective as of the first day of the first applicable pay period
beginning after September 30, 2023.
Sec. 738. (a) The head of any Executive branch department, agency, board,
commission, or office funded by this or any other appropriations Act shall
submit annual reports to the Inspector General or senior ethics official for any
entity without an Inspector General, regarding the costs and contracting
procedures related to each conference held by any such department, agency,
board, commission, or office during fiscal year 2024 for which the cost to the
United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference described in
subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the Inspector
General or senior ethics official for any entity without an Inspector General,
of the date, location, and number of employees attending a conference held by
any Executive branch department, agency, board, commission, or office funded by
this or any other appropriations Act during fiscal year 2024 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or any other
appropriations Act may not be used for the purpose of defraying the costs of a
conference described in subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other appropriations Act
may be used for travel and conference activities that are not in compliance with
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding for a
program, project, or activity as proposed in the President's budget request for
a fiscal year until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to the reprogramming
or transfer provisions of this or any other appropriations Act.
Sec. 740. None of the funds made available by this or any other Act may be
used to implement, administer, enforce, or apply the rule entitled ``Competitive
Area'' published by the Office of Personnel Management in the Federal Register
on April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made available by
this or any other Act may be used to begin or announce a study or public-private
competition regarding the conversion to contractor performance of any function
performed by Federal employees pursuant to Office of Management and Budget
Circular A-76 or any other administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise made available by
this or any other Act may be available for a contract, grant, or cooperative
agreement with an entity that requires employees or contractors of such entity
seeking to report fraud, waste, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or
contractors from lawfully reporting such waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or
agency authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene requirements
applicable to Standard Form 312, Form 4414, or any other form issued by a
Federal department or agency governing the nondisclosure of classified
information.
Sec. 743. (a) No funds appropriated in this or any other Act may be used to
implement or enforce the agreements in Standard Forms 312 and 4414 of the
Government or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ``These provisions
are consistent with and do not supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2) communications to
Congress, (3) the reporting to an Inspector General or the Office of Special
Counsel of a violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial and specific
danger to public health or safety, or (4) any other whistleblower protection.
The definitions, requirements, obligations, rights, sanctions, and liabilities
created by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided, That
notwithstanding the preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions appropriate to
the particular activity for which such document is to be used. Such form or
agreement shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar disclosures to
Congress, or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and enforced
notwithstanding subsection (a) if it complies with the requirements for such
agreement that were in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be used to implement
or enforce any agreement entered into during fiscal year 2014 which does not
contain substantially similar language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any other Act may be
used to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to, any
corporation that has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have
lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal agency
has considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the interests
of the Government.
Sec. 745. None of the funds made available by this or any other Act may be
used to enter into a contract, memorandum of understanding, or cooperative
agreement with, make a grant to, or provide a loan or loan guarantee to, any
corporation that was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency is aware of the
conviction, unless a Federal agency has considered suspension or debarment of
the corporation and has made a determination that this further action is not
necessary to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2024, on the date on which a request is
made for a transfer of funds in accordance with section 1017 of Public Law 111-
203, the Bureau of Consumer Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate, the Committee on
Financial Services of the House of Representatives, and the Committee on
Banking, Housing, and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made available on the
Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted under section 104
of title 3, United States Code, the rate payable to the Vice President during
calendar year 2024 shall be the rate payable to the Vice President on December
31, 2023, by operation of section 747 of division E of Public Law 117-328.
(b) Notwithstanding any official rate adjusted under section 5318 of title
5, United States Code, or any other provision of law, the payable rate during
calendar year 2024 for an employee serving in an Executive Schedule position, or
in a position for which the rate of pay is fixed by statute at an Executive
Schedule rate, shall be the rate payable for the applicable Executive Schedule
level on December 31, 2023, by operation of section 747 of division E of Public
Law 117-328. Such an employee may not receive a rate increase during calendar
year 2024, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980 (Public
Law 96-465) or any other provision of law, a chief of mission or ambassador at
large is subject to subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service paid a
rate of basic pay at or above the official rate for level IV of the
Executive Schedule; or
(B) a limited term appointee or limited emergency appointee in the
Senior Executive Service serving under a political appointment and paid
a rate of basic pay at or above the official rate for level IV of the
Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United States Code,
an employee described in paragraph (1) may not receive a pay rate increase
during calendar year 2024, except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a rate of
basic pay (including any locality based payments under section 5304 of title 5,
United States Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a political appointment may
not receive a pay rate increase during calendar year 2024, except as provided in
subsection (i). This subsection does not apply to employees in the General
Schedule pay system or the Foreign Service pay system, to employees appointed
under section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if chapter 51 of
title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees who do
not serve under a political appointment from receiving pay increases as
otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an election to
retain Senior Executive Service basic pay under section 3392(c) of title 5,
United States Code, for such time as that election is in effect.
(h) This section does not apply to an individual who makes an election to
retain Senior Foreign Service pay entitlements under section 302(b) of the
Foreign Service Act of 1980 (Public Law 96-465) for such time as that election
is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a covered
position may receive a pay rate increase upon an authorized movement to a
different covered position only if that new position has higher-level duties and
a pre-established level or range of pay higher than the level or range for the
position held immediately before the movement. Any such increase must be based
on the rates of pay and applicable limitations on payable rates of pay in effect
on December 31, 2023, by operation of section 747 of division E of Public Law
117-328.
(j) Notwithstanding any other provision of law, for an individual who is
newly appointed to a covered position during the period of time subject to this
section, the initial pay rate shall be based on the rates of pay and applicable
limitations on payable rates of pay in effect on December 31, 2023, by operation
of section 747 of division E of Public Law 117-328.
(k) If an employee affected by this section is subject to a biweekly pay
period that begins in calendar year 2024 but ends in calendar year 2025, the bar
on the employee's receipt of pay rate increases shall apply through the end of
that pay period.
(l) For the purpose of this section, the term ``covered position'' means a
position occupied by an employee whose pay is restricted under this section.
(m) This section takes effect on the first day of the first applicable pay
period beginning on or after January 1, 2024.
Sec. 748. In the event of a violation of the Impoundment Control Act of
1974, the President or the head of the relevant department or agency, as the
case may be, shall report immediately to the Congress all relevant facts and a
statement of actions taken: Provided, That a copy of each report shall also be
transmitted to the Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General on the same date the report is
transmitted to the Congress.
Sec. 749. (a) Each department or agency of the executive branch of the
United States Government shall notify the Committees on Appropriations and the
Budget of the House of Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time period
provided in section 1513(b) of title 31, United States Code;
(2) an approved apportionment received by the department or agency
conditions the availability of an appropriation on further action; or
(3) an approved apportionment received by the department or agency
may hinder the prudent obligation of such appropriation or the execution
of a program, project, or activity by such department or agency.
(b) Any notification submitted to a congressional committee pursuant to this
section shall contain information identifying the bureau, account name,
appropriation name, and Treasury Appropriation Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided in this or any
other appropriations Act for fiscal year 2024 that are specified in the
disclosure table submitted in compliance with clause 9 of rule XXI of the Rules
of the House of Representatives or Rule XLIV of the Standing Rules of the Senate
that is included in the report or explanatory statement accompanying any such
Act shall be deemed to be a recipient of a Federal award with respect to such
funds for purposes of the requirements of 2 CFR 200.334, regarding records
retention, and 2 CFR 200.337, regarding access by the Comptroller General of the
United States.
(b) Nothing in this section shall be construed to limit, amend, supersede,
or restrict in any manner any requirements otherwise applicable to non-Federal
entities described in paragraph (1) or any existing authority of the Comptroller
General.
Sec. 751. Notwithstanding section 1346 of title 31, United States Code, or
section 708 of this Act, funds made available by this or any other Act to any
Federal agency may be used by that Federal agency for interagency funding for
coordination with, participation in, or recommendations involving, activities of
the U.S. Army Medical Research and Development Command, the Congressionally
Directed Medical Research Programs and the National Institutes of Health
research programs.
Sec. 752. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the
head of each Executive department and agency is hereby authorized to transfer to
or reimburse ``General Services Administration, Federal Citizen Services Fund''
with the approval of the Director of the Office of Management and Budget, funds
made available for the current fiscal year by this or any other Act, including
rebates from charge card and other contracts: Provided, That these funds, in
addition to amounts otherwise available, shall be administered by the
Administrator of General Services to carry out the purposes of the Federal
Citizen Services Fund and to support Government-wide and other multi-agency
financial, information technology, procurement, and other activities, including
services authorized by 44 U.S.C. 3604 and enabling Federal agencies to take
advantage of information technology in sharing information: Provided further,
That the total funds transferred or reimbursed shall not exceed $29,000,000 for
such purposes: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Federal Citizen Services
Fund'' during fiscal year 2024 shall remain available for obligation through
September 30, 2025: Provided further, That not later than 90 days after
enactment of this Act, the Administrator of General Services, in consultation
with the Director of the Office of Management and Budget, shall submit to the
Committees on Appropriations of the House of Representatives and the Senate a
detailed spend plan for the funds to be transferred or reimbursed: Provided
further, That the spend plan shall, at a minimum, include: (i) the amounts
currently in the funds authorized under this section and the estimate of amounts
to be transferred or reimbursed in fiscal year 2024; (ii) a detailed breakdown
of the purposes for all funds estimated to be transferred or reimbursed pursuant
to this section (including total number of personnel and costs for all staff
whose salaries are provided for by this section); and (iii) where applicable, a
description of the funds intended for use by or for the implementation of
specific laws passed by Congress: Provided further, That no transfers or
reimbursements may be made pursuant to this section until 15 days following
notification of the Committees on Appropriations of the House of Representatives
and the Senate by the Director of the Office of Management and Budget.
Sec. 753. If, for fiscal year 2024, new budget authority provided in
appropriations Acts exceeds the discretionary spending limit for any category
set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 due to estimating differences with the Congressional Budget Office,
an adjustment to the discretionary spending limit in such category for fiscal
year 2024 shall be made by the Director of the Office of Management and Budget
in the amount of the excess but the total of all such adjustments shall not
exceed 0.2 percent of the sum of the adjusted discretionary spending limits for
all categories for that fiscal year.
Sec. 754. Notwithstanding any other provision of law, the unobligated
balances of funds made available in division J of the Infrastructure Investment
and Jobs Act (Public Law 117-58) to any department or agency funded by this or
any other Act may be transferred to the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to consult and conference, as required by section 7 of such Act, in
connection with activities and projects funded by Public Law 117-58: Provided,
That such transfers shall support activities and projects executed by the
department or agency making such transfer: Provided further, That such
transfers shall be approved by the head of such department or agency making such
transfer: Provided further, That each department or agency shall provide
notification to the Committees on Appropriations of the House of Representatives
and the Senate no less than 30 days prior to such transfer: Provided further,
That any such transfers from the Department of Transportation, including from
agencies within the Department of Transportation, shall be from funding provided
for personnel, contracting, and other costs to administer and oversee grants:
Provided further, That amounts transferred pursuant to this section shall be in
addition to amounts otherwise available for such purposes: Provided further,
That the transfer authority provided in this section shall be in addition to any
other transfer authority provided by law: Provided further, That amounts
transferred pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution on the
Budget are designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
Sec. 755. Except as expressly provided otherwise, any reference to ``this
Act'' contained in any title other than title IV or VIII shall not apply to such
title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the District
of Columbia such sums as may be necessary for making refunds and for the payment
of legal settlements or judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be used for
publicity or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to the
agencies funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 2024, or provided
from any accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for
obligation or expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied, limited
or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied or
restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility center
through a reprogramming of funds in excess of $3,000,000 or 10 percent,
whichever is less; or
(7) increases by 20 percent or more personnel assigned to a specific
program, project or responsibility center, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate.
(b) The District of Columbia government is authorized to approve and execute
reprogramming and transfer requests of local funds under this title through
November 7, 2024.
Sec. 804. None of the Federal funds provided in this Act may be used by the
District of Columbia to provide for salaries, expenses, or other costs
associated with the offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official
Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the funds
made available by this Act or by any other Act may be used to provide any
officer or employee of the District of Columbia with an official vehicle unless
the officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this section, the term
``official duties'' does not include travel between the officer's or employee's
residence and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police Department who
resides in the District of Columbia or is otherwise designated by the
Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee of
the District of Columbia Fire and Emergency Medical Services Department
who resides in the District of Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia and is
on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer or
employee of the Office of the Chief Medical Examiner who resides in the
District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security and
Emergency Management Agency, an officer or employee of the Homeland
Security and Emergency Management Agency who resides in the District of
Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may be used by
the District of Columbia Attorney General or any other officer or entity of the
District government to provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney General
from reviewing or commenting on briefs in private lawsuits, or from consulting
with officials of the District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be used to
distribute any needle or syringe for the purpose of preventing the spread of
blood borne pathogens in any location that has been determined by the local
public health or local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent the Council or
Mayor of the District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs and moral
convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may be used to
enact or carry out any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District of
Columbia government under any authority may be used to enact any law, rule, or
regulation to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure by the District
of Columbia government under any authority shall be expended for any abortion
except where the life of the mother would be endangered if the fetus were
carried to term or where the pregnancy is the result of an act of rape or
incest.
Sec. 811. (a) No later than 30 calendar days after the date of the enactment
of this Act, the Chief Financial Officer for the District of Columbia shall
submit to the appropriate committees of Congress, the Mayor, and the Council of
the District of Columbia, a revised appropriated funds operating budget in the
format of the budget that the District of Columbia government submitted pursuant
to section 442 of the District of Columbia Home Rule Act (D.C. Official Code,
sec. 1-204.42), for all agencies of the District of Columbia government for
fiscal year 2024 that is in the total amount of the approved appropriation and
that realigns all budgeted data for personal services and other-than-personal
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the Chief Financial
Officer for the District of Columbia certifies that a reallocation is required
to address unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of the enactment of
this Act, the Chief Financial Officer for the District of Columbia shall submit
to the appropriate committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets to actual
enrollment. The revised appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds may be
transferred to the District of Columbia's enterprise and capital funds and such
amounts, once transferred, shall retain appropriation authority consistent with
the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram or
transfer for operating expenses any local funds transferred or reprogrammed in
this or the four prior fiscal years from operating funds to capital funds, and
such amounts, once transferred or reprogrammed, shall retain appropriation
authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or reprogram for
operating expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law or under this
Act, not to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2024 from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2024 in this Act, shall remain available
through September 30, 2025, for each such account for the purposes authorized:
Provided, That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these requests shall be made
in compliance with reprogramming guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2025, during a period in which neither a
District of Columbia continuing resolution or a regular District of Columbia
appropriation bill is in effect, local funds are appropriated in the amount
provided for any project or activity for which local funds are provided in the
Act referred to in paragraph (2) (subject to any modifications enacted by the
District of Columbia as of the beginning of the period during which this
subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council of the
District of Columbia pursuant to which a proposed budget is approved for fiscal
year 2025 which (subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual budget for the
District of Columbia government for fiscal year 2025 for purposes of section 446
of the District of Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be available--
(1) during any period in which a District of Columbia continuing
resolution for fiscal year 2025 is in effect; or
(2) upon the enactment into law of the regular District of Columbia
appropriation bill for fiscal year 2025.
(c) An appropriation made by subsection (a) is provided under the authority
and conditions as provided under this Act and shall be available to the extent
and in the manner that would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all obligations or
expenditures incurred for such project or activity during the portion of fiscal
year 2025 for which this section applies to such project or activity.
(e) This section shall not apply to a project or activity during any period
of fiscal year 2025 if any other provision of law (other than an authorization
of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period; or
(2) specifically provides that no appropriation shall be made, no
funds shall be made available, or no authority shall be granted for such
project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect obligations of the
government of the District of Columbia mandated by other law.
Sec. 817. (a) Section 244 of the Revised Statutes of the United States
relating to the District of Columbia (sec. 9-1201.03, D.C. Official Code) does
not apply with respect to any railroads installed pursuant to the Long Bridge
Project.
(b) In this section, the term ``Long Bridge Project'' means the project
carried out by the District of Columbia and the Commonwealth of Virginia to
construct a new Long Bridge adjacent to the existing Long Bridge over the
Potomac River, including related infrastructure and other related projects, to
expand commuter and regional passenger rail service and to provide bike and
pedestrian access crossings over the Potomac River.
Sec. 818. Not later than 45 days after the last day of each quarter, each
Federal and District government agency appropriated Federal funds in this Act
shall submit to the Committees on Appropriations of the House of Representatives
and the Senate a quarterly budget report that includes total obligations of the
Agency for that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
Sec. 819. Except as expressly provided otherwise, any reference to ``this
Act'' contained in this title or in title IV shall be treated as referring only
to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2024''.
DIVISION C--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for executive
management for operations and support, $363,582,000, of which $22,050,000 shall
remain available until September 30, 2025: Provided, That $5,000,000 shall be
withheld from obligation until the Secretary submits, to the Committees on
Appropriations of the House of Representatives and the Senate, responses to all
questions for the record for each hearing on the fiscal year 2025 budget
submission for the Department of Homeland Security held by such Committees prior
to July 1: Provided further, That not to exceed $30,000 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for executive
management for procurement, construction, and improvements, $8,113,000, to
remain available until September 30, 2026.
federal assistance
(including transfer of funds)
For necessary expenses of the Office of the Secretary and for executive
management for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $33,000,000, which shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'', of which
$18,000,000 shall be for targeted violence and terrorism prevention grants and
of which $15,000,000, to remain available until September 30, 2025, shall be for
the Alternatives to Detention Case Management pilot program.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations and
support, including vehicle fleet modernization, $1,722,204,000: Provided, That
not to exceed $2,000 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for procurement,
construction, and improvements, $260,433,000, of which $87,670,000 shall remain
available until September 30, 2026, and of which $172,763,000 shall remain
available until September 30, 2028.
federal protective service
The revenues and collections of security fees credited to this account shall
be available until expended for necessary expenses related to the protection of
federally owned and leased buildings and for the operations of the Federal
Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis and the
Office of Homeland Security Situational Awareness for operations and support,
$345,410,000, of which $105,701,000 shall remain available until September 30,
2025: Provided, That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is available for facility
needs associated with secure space at fusion centers, including improvements to
buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for operations and
support, $220,127,000: Provided, That not to exceed $300,000 may be used for
certain confidential operational expenses, including the payment of informants,
to be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a report not
later than October 15, 2024, to the Inspector General of the Department of
Homeland Security listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2023 or 2024.
(b) The Inspector General shall review the report required by subsection (a)
to assess departmental compliance with applicable laws and regulations and
report the results of that review to the Committees on Appropriations of the
House of Representatives and the Senate not later than February 15, 2025.
Sec. 102. Not later than 30 days after the last day of each month, the
Chief Financial Officer of the Department of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and the Senate
a monthly budget and staffing report that includes total obligations of the
Department for that month and for the fiscal year at the appropriation and
program, project, and activity levels, by the source year of the appropriation.
Sec. 103. (a) The Secretary of Homeland Security, in consultation with the
Secretary of the Treasury, shall notify the Committees on Appropriations of the
House of Representatives and the Senate of any proposed transfers of funds
available under section 9705(g)(4)(B) of title 31, United States Code, from the
Department of the Treasury Forfeiture Fund to any agency within the Department
of Homeland Security.
(b) None of the funds identified for such a transfer may be obligated until
the Committees on Appropriations of the House of Representatives and the Senate
are notified of the proposed transfer.
Sec. 104. All official costs associated with the use of Government aircraft
by Department of Homeland Security personnel to support official travel of the
Secretary and the Deputy Secretary shall be paid from amounts made available for
the Office of the Secretary.
Sec. 105. (a) The Under Secretary for Management shall brief the Committees
on Appropriations of the House of Representatives and the Senate not later than
45 days after the end of each fiscal quarter on all Level 1 and Level 2
acquisition programs on the Master Acquisition Oversight list between
Acquisition Decision Event and Full Operational Capability, including programs
that have been removed from such list during the preceding quarter.
(b) For each such program, the briefing described in subsection (a) shall
include--
(1) a description of the purpose of the program, including the
capabilities being acquired and the component(s) sponsoring the
acquisition;
(2) the total number of units, as appropriate, to be acquired
annually until procurement is complete under the current acquisition
program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in breach
status;
(4) a comparison between the initial Department-approved acquisition
program baseline cost, schedule, and performance thresholds and
objectives and the program's current such thresholds and objectives, if
applicable;
(5) the lifecycle cost estimate, adjusted for comparison to the
Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five years, the
current year, and the budget year;
(D) a breakout of the estimate by appropriation account or
other funding source; and
(E) a description of and rationale for any changes to the
estimate as compared to the previously approved baseline, as
applicable, and during the prior fiscal year;
(6) a summary of the findings of any independent verification and
validation of the items to be acquired or an explanation for why no such
verification and validation has been performed;
(7) a table displaying the obligation of all program funds by prior
fiscal year, the estimated obligation of funds for the current fiscal
year, and an estimate for the planned carryover of funds into the
subsequent fiscal year;
(8) a listing of prime contractors and major subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not successfully
mitigated.
(c) The Under Secretary for Management shall submit each approved
Acquisition Decision Memorandum for programs described in this section to the
Committees on Appropriations of the House of Representatives and the Senate not
later than five business days after the date of approval of such memorandum by
the Under Secretary for Management or the designee of the Under Secretary.
Sec. 106. (a) None of the funds made available to the Department of Homeland
Security in this Act or prior appropriations Acts may be obligated for any new
pilot or demonstration unless the component or office carrying out such pilot or
demonstration has documented the information described in subsection (c).
(b) Prior to the obligation of any such funds made available for
``Operations and Support'' for a new pilot or demonstration, the Under Secretary
for Management shall provide a report to the Committees on Appropriations of the
House of Representatives and the Senate on the information described in
subsection (c).
(c) The information required under subsections (a) and (b) for a pilot or
demonstration shall include the following--
(1) documented objectives that are well-defined and measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting such data;
and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost estimates,
and implementation schedules, including a projected end date.
(d) Not later than 90 days after the date of completion of a pilot or
demonstration described in subsection (e), the Under Secretary for Management
shall provide a report to the Committees on Appropriations of the House of
Representatives and the Senate detailing lessons learned, actual costs, any
planned expansion or continuation of the pilot or demonstration, and any planned
transition of such pilot or demonstration into an enduring program or operation.
(e) For the purposes of this section, a pilot or demonstration program is a
study, demonstration, experimental program, or trial that--
(1) is a small-scale, short-term experiment conducted in order to
evaluate feasibility, duration, costs, or adverse events, and improve
upon the design of an effort prior to implementation of a larger scale
effort; and
(2) uses more than 10 full-time equivalents or obligates, or
proposes to obligate, $5,000,000 or more, but does not include
congressionally directed programs or enhancements and does not include
programs that were in operation as of the date of the enactment of this
Act.
(f) For the purposes of this section, a pilot or demonstration does not
include any testing, evaluation, or initial deployment phase executed under a
procurement contract for the acquisition of information technology services or
systems, or any pilot or demonstration carried out by a non-Federal recipient
under any financial assistance agreement funded by the Department.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfers of funds)
For necessary expenses of U.S. Customs and Border Protection for operations
and support, including the transportation of unaccompanied alien minors; the
provision of air and marine support to Federal, State, local, and international
agencies in the enforcement or administration of laws enforced by the Department
of Homeland Security; at the discretion of the Secretary of Homeland Security,
the provision of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease of up to
7,500 (6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned aerial
systems; and contracting with individuals for personal services abroad;
$18,426,870,000; of which $3,274,000 shall be derived from the Harbor
Maintenance Trust Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$500,000,000 shall be available until September 30, 2025; and of which such sums
as become available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account: Provided, That
not to exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be available for
payment for rental space in connection with preclearance operations: Provided
further, That not to exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate of the Secretary of
Homeland Security: Provided further, That $650,000,000 shall be transferred to
``Federal Emergency Management Agency--Federal Assistance'' to support
sheltering and related activities provided by non-Federal entities, in support
of relieving overcrowding in short-term holding facilities of U.S. Customs and
Border Protection, of which not to exceed $9,100,000 shall be for the
administrative costs of the Federal Emergency Management Agency: Provided
further, That not to exceed $2,500,000 may be transferred to the Bureau of
Indian Affairs for the maintenance and repair of roads on Native American
reservations used by the U.S. Border Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of marine
vessels, aircraft, and unmanned aerial systems, $850,170,000, of which
$758,056,000 shall remain available until September 30, 2026, and of which
$92,114,000 shall remain available until September 30, 2028.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement for
operations and support, including the purchase and lease of up to 3,790 (2,350
for replacement only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold improvements at owned and
leased facilities; $9,501,542,000; of which not less than $6,000,000 shall
remain available until expended for efforts to enforce laws against forced child
labor; of which $46,696,000 shall remain available until September 30, 2025; of
which not less than $2,000,000 is for paid apprenticeships for participants in
the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less
than $15,000,000 shall be available for investigation of intellectual property
rights violations, including operation of the National Intellectual Property
Rights Coordination Center; and of which not less than $5,082,218,000 shall be
for enforcement, detention, and removal operations, including transportation of
unaccompanied alien minors: Provided, That not to exceed $41,475 shall be for
official reception and representation expenses: Provided further, That not to
exceed $10,000,000 shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C.
2081): Provided further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the certificate of
the Secretary of Homeland Security: Provided further, That not to exceed
$11,216,000 shall be available to fund or reimburse other Federal agencies for
the costs associated with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement for
procurement, construction, and improvements, $55,520,000, of which $35,420,000
shall remain available until September 30, 2026, and of which $20,100,000 shall
remain available until September 30, 2028.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security Administration for
operations and support, $10,164,968,000, of which $600,000,000 shall remain
available until September 30, 2025: Provided, That not to exceed $7,650 shall
be for official reception and representation expenses: Provided further, That
security service fees authorized under section 44940 of title 49, United States
Code, shall be credited to this appropriation as offsetting collections and
shall be available only for aviation security: Provided further, That the sum
appropriated under this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received during
fiscal year 2024 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $6,744,968,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security Administration for
procurement, construction, and improvements, $40,678,000, to remain available
until September 30, 2026.
research and development
For necessary expenses of the Transportation Security Administration for
research and development, $14,641,000, to remain available until September 30,
2025.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and support
including the Coast Guard Reserve; purchase or lease of not to exceed 25
passenger motor vehicles, which shall be for replacement only; purchase or lease
of small boats for contingent and emergent requirements (at a unit cost of not
more than $700,000) and repairs and service-life replacements, not to exceed a
total of $31,000,000; purchase, lease, or improvements of boats necessary for
overseas deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare;
$10,054,771,000, of which $530,000,000 shall be for defense-related activities;
of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990
(33 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available until
September 30, 2026; of which $24,717,000 shall remain available until September
30, 2028, for environmental compliance and restoration; and of which
$100,000,000 shall remain available until September 30, 2025, which shall only
be available for vessel depot level maintenance: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement, construction, and
improvements, including aids to navigation, shore facilities (including
facilities at Department of Defense installations used by the Coast Guard), and
vessels and aircraft, including equipment related thereto, $1,413,950,000, to
remain available until September 30, 2028; of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and development; and
for maintenance, rehabilitation, lease, and operation of facilities and
equipment; $7,476,000, to remain available until September 30, 2026, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)): Provided, That there may be credited to and used for the purposes
of this appropriation funds received from State and local governments, other
public authorities, private sources, and foreign countries for expenses incurred
for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise chargeable
to lapsed appropriations for this purpose, payments under the Retired
Serviceman's Family Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356 of title 37,
United States Code, concurrent receipts, combat-related special compensation,
and payments for medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,147,244,000, to remain available
until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for operations
and support, including purchase of not to exceed 652 vehicles for police-type
use; hire of passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; rental of buildings in the District of
Columbia; fencing, lighting, guard booths, and other facilities on private or
other property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of protective
intelligence and operations; payment in advance for commercial accommodations as
may be necessary to perform protective functions; and payment, without regard to
section 5702 of title 5, United States Code, of subsistence expenses of
employees who are on protective missions, whether at or away from their duty
stations; $3,007,982,000; of which $138,383,000 shall remain available until
September 30, 2025, and of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children; and of which up to
$24,000,000 may be for calendar year 2023 premium pay in excess of the annual
equivalent of the limitation on the rate of pay contained in section 5547(a) of
title 5, United States Code, pursuant to section 2 of the Overtime Pay for
Protective Services Act of 2016 (5 U.S.C. 5547 note), as last amended by Public
Law 118-38: Provided, That not to exceed $19,125 shall be for official
reception and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to foreign law
enforcement organizations in criminal investigations within the jurisdiction of
the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for procurement,
construction, and improvements, $75,598,000, to remain available until September
30, 2026.
research and development
For necessary expenses of the United States Secret Service for research and
development, $4,217,000, to remain available until September 30, 2025.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security Appropriations
Act, 2018 (division F of Public Law 115-141), related to overtime compensation
limitations, shall apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available in that Act, except
that ``fiscal year 2024'' shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs and
Border Protection--Operations and Support'' and ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and prevent adverse
personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to
funding provided by sections 740 and 1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-Colombia
Trade Promotion Agreement Implementation Act (Public Law 112-42), fees collected
from passengers arriving from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(a)(5)) shall be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available until
expended, to be reduced by amounts collected and credited to this appropriation
in fiscal year 2024 from amounts authorized to be collected by section 286(i) of
the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817
of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-
125), or other such authorizing language.
(b) To the extent that amounts realized from such collections exceed
$31,000,000, those amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S. Customs and
Border Protection may be used to prevent an individual not in the business of
importing a prescription drug (within the meaning of section 801(g) of the
Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided,
That this section shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day supply:
Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the Public
Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of the funds
provided in this or any other Act shall be used to approve a waiver of the
navigation and vessel-inspection laws pursuant to section 501(b) of title 46,
United States Code, for the transportation of crude oil distributed from and to
the Strategic Petroleum Reserve until the Secretary of Homeland Security, after
consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States flag
vessels.
(b) The Secretary shall notify the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to section 501(b)
of title 46, United States Code, with respect to such transportation, and the
disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the Secretary
of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border crossing
fee on individuals crossing the Southern border or the Northern border
at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ``border crossing fee'' means a fee that every
pedestrian, cyclist, and driver and passenger of a private motor vehicle is
required to pay for the privilege of crossing the Southern border or the
Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of this
Act, the Commissioner of U.S. Customs and Border Protection shall submit an
expenditure plan for any amounts made available for ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in this Act and prior
Acts to the Committees on Appropriations of the House of Representatives and the
Senate.
(b) No such amounts provided in this Act may be obligated prior to the
submission of such plan.
Sec. 209. Section 211 of the Department of Homeland Security Appropriations
Act, 2021 (division F of Public Law 116-260), prohibiting the use of funds for
the construction of fencing in certain areas, shall apply with respect to funds
made available in this Act in the same manner as such section applied to funds
made available in that Act.
Sec. 210. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and Border
Protection.
(b) None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure in
fiscal year 2024, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the components funded by
this Act, may be used to reduce anticipated or planned vetting operations at
existing locations unless specifically authorized by a statute enacted after the
date of enactment of this Act.
Sec. 211. Of the total amount made available under ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'', $850,170,000
shall be available only as follows:
(1) $283,500,000 for the acquisition and deployment of border
security technologies;
(2) $380,900,000 for trade and travel assets and infrastructure;
(3) $92,114,000 for facility construction and improvements;
(4) $75,983,000 for integrated operations assets and infrastructure;
and
(5) $17,673,000 for mission support and infrastructure.
Sec. 212. None of the funds provided under the heading ``U.S. Immigration
and Customs Enforcement--Operations and Support'' may be used to continue a
delegation of law enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement governing
the delegation of authority have been materially violated.
Sec. 213. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be used to
continue any contract for the provision of detention services if the two most
recent overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system.
(b) The performance evaluations referenced in subsection (a) shall be
conducted by the U.S. Immigration and Customs Enforcement Office of Professional
Responsibility.
Sec. 214. Without regard to the limitation as to time and condition of
section 503(d) of this Act, the Secretary may reprogram within and transfer
funds to ``U.S. Immigration and Customs Enforcement--Operations and Support'' as
necessary to ensure the detention of aliens prioritized for removal.
Sec. 215. The reports required to be submitted under section 216 of the
Department of Homeland Security Appropriations Act, 2021 (division F of Public
Law 116-260) shall continue to be submitted semimonthly and each matter required
to be included in such reports by such section 216 shall apply in the same
manner and to the same extent during the period described in such section 216.
Sec. 216. The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of Public
Law 116-93) shall apply to this Act.
Sec. 217. Not later than 45 days after the date of enactment of this Act,
the Chief Financial Officer of U.S. Immigration and Customs Enforcement shall
submit to the Committees on Appropriations of the House of Representatives and
the Senate an obligation plan for amounts made available in this Act for ``U.S.
Immigration and Customs Enforcement'', delineated by level II program, project,
and activity.
Sec. 218. (a) Members of the United States House of Representatives and the
United States Senate, including the leadership; the heads of Federal agencies
and commissions, including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland Security; the United
States Attorney General, Deputy Attorney General, Assistant Attorneys General,
and the United States Attorneys; and senior members of the Executive Office of
the President, including the Director of the Office of Management and Budget,
shall not be exempt from Federal passenger and baggage screening.
(b) None of the funds made available in this or any other Act, including
prior Acts, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the components funded by this Act
may be used to carry out legislation altering the applicability of the screening
requirements outlined in subsection (a).
Sec. 219. Notwithstanding section 44923 of title 49, United States Code,
for fiscal year 2024, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be used for
the procurement and installation of explosives detection systems or for the
issuance of other transaction agreements for the purpose of funding projects
described in section 44923(a) of such title.
Sec. 220. Not later than 45 days after the submission of the President's
budget proposal, the Administrator of the Transportation Security Administration
shall submit to the Committees on Appropriations and Homeland Security of the
House of Representatives and the Committees on Appropriations and Commerce,
Science, and Transportation of the Senate a single report that fulfills the
following requirements:
(1) a Capital Investment Plan, both constrained and unconstrained,
that includes a plan for continuous and sustained capital investment in
new, and the replacement of aged, transportation security equipment;
(2) the 5-year technology investment plan as required by section
1611 of title XVI of the Homeland Security Act of 2002, as amended by
section 3 of the Transportation Security Acquisition Reform Act (Public
Law 113-245); and
(3) the Advanced Integrated Passenger Screening Technologies report
as required by the Senate Report accompanying the Department of Homeland
Security Appropriations Act, 2019 (Senate Report 115-283).
Sec. 221. (a) None of the funds made available by this Act under the heading
``Coast Guard--Operations and Support'' shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States Code, except
to the extent fees are collected from owners of yachts and credited to the
appropriation made available by this Act under the heading ``Coast Guard--
Operations and Support''.
(b) To the extent such fees are insufficient to pay expenses of recreational
vessel documentation under such section 12114, and there is a backlog of
recreational vessel applications, personnel performing non-recreational vessel
documentation functions under subchapter II of chapter 121 of title 46, United
States Code, may perform documentation under section 12114.
Sec. 222. Notwithstanding any other provision of law, the Commandant of the
Coast Guard shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a future-years capital investment plan as
described in the second proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 223. None of the funds in this Act shall be used to reduce the Coast
Guard's legacy Operations Systems Center mission or its government-employed or
contract staff levels.
Sec. 224. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with respect to the
Coast Guard National Vessel Documentation Center.
Sec. 225. Funds made available in this Act may be used to alter operations
within the Civil Engineering Program of the Coast Guard nationwide, including
civil engineering units, facilities design and construction centers, maintenance
and logistics commands, and the Coast Guard Academy, except that none of the
funds provided in this Act may be used to reduce operations within any civil
engineering unit unless specifically authorized by a statute enacted after the
date of enactment of this Act.
Sec. 226. Amounts deposited into the Coast Guard Housing Fund in fiscal
year 2024 shall be available until expended to carry out the purposes of section
2946 of title 14, United States Code, and shall be in addition to funds
otherwise available for such purposes.
Sec. 227. (a) Notwithstanding section 2110 of title 46, United States Code,
none of the funds made available in this Act shall be used to charge a fee for
an inspection of a towing vessel, as defined in 46 CFR 136.110, that utilizes
the Towing Safety Management System option for a Certificate of Inspection
issued under subchapter M of title 46, Code of Federal Regulations.
(b) Subsection (a) shall not apply after the date the Commandant of the
Coast Guard makes a determination under section 815(a) of the Frank LoBiondo
Coast Guard Authorization Act of 2018 (Public Law 115-282) and, as necessary
based on such determination, carries out the requirements of section 815(b) of
such Act.
Sec. 228. The United States Secret Service is authorized to obligate funds
in anticipation of reimbursements from executive agencies, as defined in section
105 of title 5, United States Code, for personnel receiving training sponsored
by the James J. Rowley Training Center, except that total obligations at the end
of the fiscal year shall not exceed total budgetary resources available under
the heading ``United States Secret Service--Operations and Support'' at the end
of the fiscal year.
Sec. 229. (a) None of the funds made available to the United States Secret
Service by this Act or by previous appropriations Acts may be made available for
the protection of the head of a Federal agency other than the Secretary of
Homeland Security.
(b) The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 230. For purposes of section 503(a)(3) of this Act, up to $15,000,000
may be reprogrammed within ``United States Secret Service--Operations and
Support''.
Sec. 231. Funding made available in this Act for ``United States Secret
Service--Operations and Support'' is available for travel of United States
Secret Service employees on protective missions without regard to the
limitations on such expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the Committees on
Appropriations of the House of Representatives and the Senate 10 or more days in
advance, or as early as practicable, prior to such expenditures.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure Security
Agency for operations and support, $2,382,814,000, of which $24,424,000 shall
remain available until September 30, 2025: Provided, That not to exceed $3,825
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure Security
Agency for procurement, construction, and improvements, $489,401,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the Cybersecurity and Infrastructure Security
Agency for research and development, $793,000, to remain available until
September 30, 2025.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency for
operations and support, $1,483,990,000: Provided, That not to exceed $2,250
shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency for
procurement, construction, and improvements, $99,528,000, of which $63,278,000
shall remain available until September 30, 2026, and of which $36,250,000 shall
remain available until September 30, 2028.
federal assistance
(including transfer of funds)
For activities of the Federal Emergency Management Agency for Federal
assistance through grants, contracts, cooperative agreements, and other
activities, $3,497,019,369, which shall be allocated as follows:
(1) $468,000,000 for the State Homeland Security Grant Program under
section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605), of
which $81,000,000 shall be for Operation Stonegarden and $13,500,000
shall be for Tribal Homeland Security Grants under section 2005 of the
Homeland Security Act of 2002 (6 U.S.C. 606): Provided, That
notwithstanding subsection (c)(4) of such section 2004, for fiscal year
2024, the Commonwealth of Puerto Rico shall make available to local and
tribal governments amounts provided to the Commonwealth of Puerto Rico
under this paragraph in accordance with subsection (c)(1) of such
section 2004.
(2) $553,500,000 for the Urban Area Security Initiative under
section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604).
(3) $274,500,000 for the Nonprofit Security Grant Program under
section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a), of
which $137,250,000 is for eligible recipients located in high-risk urban
areas that receive funding under section 2003 of such Act and
$137,250,000 is for eligible recipients that are located outside such
areas: Provided, That eligible recipients are those described in
section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an otherwise
eligible recipient at risk of a terrorist or other extremist attack.
(4) $94,500,000 for Public Transportation Security Assistance,
Railroad Security Assistance, and Over-the-Road Bus Security Assistance
under sections 1406, 1513, and 1532 of the Implementing Recommendations
of the 9/11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of
which $9,000,000 shall be for Amtrak security and $1,800,000 shall be
for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly to public
transportation agencies.
(5) $90,000,000 for Port Security Grants in accordance with section
70107 of title 46, United States Code.
(6) $648,000,000, to remain available until September 30, 2025, of
which $324,000,000 shall be for Assistance to Firefighter Grants and
$324,000,000 shall be for Staffing for Adequate Fire and Emergency
Response Grants under sections 33 and 34 respectively of the Federal
Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $319,500,000 for emergency management performance grants under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701), section 762 of title 6, United States Code, and Reorganization
Plan No. 3 of 1978 (5 U.S.C. App.).
(8) $281,475,000 for necessary expenses for Flood Hazard Mapping and
Risk Analysis, in addition to and to supplement any other sums
appropriated under the National Flood Insurance Fund, and such
additional sums as may be provided by States or other political
subdivisions for cost-shared mapping activities under section 1360(f)(2)
of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to
remain available until expended.
(9) $10,800,000 for Regional Catastrophic Preparedness Grants.
(10) $117,000,000 for the emergency food and shelter program under
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331), to remain available until September 30, 2025: Provided, That
not to exceed 3.5 percent shall be for total administrative costs.
(11) $40,000,000 for the Next Generation Warning System.
(12) $293,757,369 for Community Project Funding and Congressionally
Directed Spending grants, which shall be for the purposes, and the
amounts, specified in the table entitled ``Homeland Security--Community
Project Funding/Congressionally Directed Spending'' under the
``Disclosure of Earmarks and Congressionally Directed Spending Items''
heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), of which--
(A) $103,189,080, in addition to amounts otherwise made
available for such purpose, is for emergency operations center
grants under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c); and
(B) $190,568,289, in addition to amounts otherwise made
available for such purpose, is for pre-disaster mitigation
grants under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(e),
notwithstanding subsections (f), (g), and (l) of that section
(42 U.S.C. 5133(f), (g), (l)).
(13) $305,987,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $20,261,000,000,
to remain available until expended: Provided, That such amount shall be for
major disasters declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated by the
Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42 U.S.C.
4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et
seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-
141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014
(Public Law 113-89; 128 Stat. 1020), $239,983,000, to remain available until
September 30, 2025, which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $18,917,000 shall be available for mission support associated
with flood management; and of which $221,066,000 shall be available for flood
plain management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)) shall be credited as offsetting collections to this
account, to be available for flood plain management and flood mapping: Provided
further, That in fiscal year 2024, no funds shall be available from the National
Flood Insurance Fund under section 1310 of the National Flood Insurance Act of
1968 (42 U.S.C. 4017) in excess of--
(1) $230,504,000 for operating expenses and salaries and expenses
associated with flood insurance operations;
(2) $1,300,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury borrowings;
and
(4) $175,000,000, which shall remain available until expended, for
flood mitigation actions and for flood mitigation assistance under
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c), notwithstanding sections 1366(e) and 1310(a)(7) of such Act (42
U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(e) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in
the National Flood Insurance Fund to supplement other amounts specified as
available for section 1366 of the National Flood Insurance Act of 1968,
notwithstanding section 102(f)(8), section 1366(e) of the National Flood
Insurance Act of 1968, and paragraphs (1) through (3) of section 1367(b) of such
Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to carry
out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42
U.S.C. 4033).
Administrative Provisions
(including transfers of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity and
Infrastructure Security Agency--Operations and Support'' may be made available
for the necessary expenses of procuring or providing access to cybersecurity
threat feeds for branches, agencies, independent agencies, corporations,
establishments, and instrumentalities of the Federal Government of the United
States, state, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C. 124h), and
Information Sharing and Analysis Organizations.
Sec. 302. (a) Notwithstanding section 2008(a)(12) of the Homeland Security
Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of law, not more than 5
percent of the amount of a grant made available in paragraphs (1) through (5)
under ``Federal Emergency Management Agency--Federal Assistance'', may be used
by the recipient for expenses directly related to administration of the grant.
(b) The authority provided in subsection (a) shall also apply to a state
recipient for the administration of a grant under such paragraph (3).
Sec. 303. Applications for grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for paragraphs (1) through (5), shall
be made available to eligible applicants not later than 60 days after the date
of enactment of this Act, eligible applicants shall submit applications not
later than 80 days after the grant announcement, and the Administrator of the
Federal Emergency Management Agency shall act within 65 days after the receipt
of an application.
Sec. 304. (a) Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) through (5) and (9), the
Administrator of the Federal Emergency Management Agency shall brief the
Committees on Appropriations of the House of Representatives and the Senate 5
full business days in advance of announcing publicly the intention of making an
award.
(b) If any such public announcement is made before 5 full business days have
elapsed following such briefing, $1,000,000 of amounts appropriated by this Act
for ``Federal Emergency Management Agency--Operations and Support'' shall be
rescinded.
Sec. 305. Under the heading ``Federal Emergency Management Agency--Federal
Assistance'', for grants under paragraphs (1) and (2), the installation of
communications towers is not considered construction of a building or other
physical facility.
Sec. 306. The reporting requirements in paragraphs (1) and (2) under the
heading ``Federal Emergency Management Agency--Disaster Relief Fund'' in the
Department of Homeland Security Appropriations Act, 2015 (Public Law 114-4),
related to reporting on the Disaster Relief Fund, shall be applied in fiscal
year 2024 with respect to budget year 2025 and current fiscal year 2024,
respectively--
(1) in paragraph (1) by substituting ``fiscal year 2025'' for
``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after ``fifth''.
Sec. 307. In making grants under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for Staffing for Adequate Fire and Emergency
Response grants, the Administrator of the Federal Emergency Management Agency
may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B),
(a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal year 2024, as
authorized in title III of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts anticipated by the
Department of Homeland Security to be necessary for its Radiological Emergency
Preparedness Program for the next fiscal year.
(b) The methodology for assessment and collection of fees shall be fair and
equitable and shall reflect costs of providing such services, including
administrative costs of collecting such fees.
(c) Such fees shall be deposited in a Radiological Emergency Preparedness
Program account as offsetting collections and will become available for
authorized purposes on October 1, 2024, and remain available until expended.
Sec. 309. In making grants under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for Assistance to Firefighter Grants, the
Administrator of the Federal Emergency Management Agency may waive subsection
(k) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229).
Sec. 310. Any unobligated balances of funds appropriated in any prior Act
for activities funded by the National Predisaster Mitigation Fund under section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), as in effect on the day before the date of enactment of section
1234 of division D of Public Law 115-254, may be transferred to and merged with
funds set aside pursuant to subsection (i)(1) of section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
effect on the date of the enactment of this section.
Sec. 311. Any unobligated balances of funds appropriated under the heading
``Federal Emergency Management Agency--Flood Hazard Mapping and Risk Analysis
Program'' in any prior Act may be transferred to and merged with funds
appropriated under the heading ``Federal Emergency Management Agency--Federal
Assistance'' for necessary expenses for Flood Hazard Mapping and Risk Analysis:
Provided, That funds transferred pursuant to this section shall be in addition
to and supplement any other sums appropriated for such purposes under the
National Flood Insurance Fund and such additional sums as may be provided by
States or other political subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(f)(2)), to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services for
operations and support, including for the E-Verify Program, the Refugee and
International Operations Programs, and backlog reduction, $271,140,000:
Provided, That such amounts shall be in addition to any other amounts made
available for such purposes, and shall not be construed to require any reduction
of any fee described in section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)): Provided further, That not to exceed $5,000 shall be for
official reception and representation expenses.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration Services for
Federal assistance for the Citizenship and Integration Grant Program,
$10,000,000, to remain available until September 30, 2025.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training Centers for
operations and support, including the purchase of not to exceed 117 vehicles for
police-type use and hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, $357,100,000, of which
$66,665,000 shall remain available until September 30, 2025: Provided, That not
to exceed $7,180 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training Centers for
procurement, construction, and improvements, $20,100,000, to remain available
until September 30, 2028, for acquisition of necessary additional real property
and facilities, construction and ongoing maintenance, facility improvements and
related expenses of the Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate for
operations and support, including the purchase or lease of not to exceed 5
vehicles, $369,811,000, of which $206,093,000 shall remain available until
September 30, 2025: Provided, That not to exceed $10,000 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate for
procurement, construction, and improvements, $61,000,000, to remain available
until September 30, 2028.
research and development
For necessary expenses of the Science and Technology Directorate for
research and development, $310,823,000, to remain available until September 30,
2026.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass Destruction Office
for operations and support, $163,280,000, of which $69,364,000 shall remain
available until September 30, 2025: Provided, That not to exceed $2,250 shall
be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass Destruction Office
for procurement, construction, and improvements, $42,338,000, to remain
available until September 30, 2026.
research and development
For necessary expenses of the Countering Weapons of Mass Destruction Office
for research and development, $60,938,000, to remain available until September
30, 2026.
federal assistance
For necessary expenses of the Countering Weapons of Mass Destruction Office
for Federal assistance through grants, contracts, cooperative agreements, and
other activities, $142,885,000, to remain available until September 30, 2026.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds otherwise
made available to U.S. Citizenship and Immigration Services may be used to
acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only,
for areas where the Administrator of General Services does not provide vehicles
for lease.
(b) The Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel between
the employees' residences and places of employment.
Sec. 402. None of the funds appropriated by this Act may be used to process
or approve a competition under Office of Management and Budget Circular A-76 for
services provided by employees (including employees serving on a temporary or
term basis) of U.S. Citizenship and Immigration Services of the Department of
Homeland Security who are known as Immigration Information Officers, Immigration
Service Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal funds
made available to U.S. Citizenship and Immigration Services may be used for the
collection and use of biometrics taken at a U.S. Citizenship and Immigration
Services Application Support Center that is overseen virtually by U.S.
Citizenship and Immigration Services personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement Training Centers is
authorized to distribute funds to Federal law enforcement agencies for expenses
incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and non-
Federal accreditation experts involved in law enforcement training, shall lead
the Federal law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and effectiveness of
Federal law enforcement training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement Training Centers
may accept transfers to its ``Procurement, Construction, and Improvements''
account from Government agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)).
(b) The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement Training Centers
instructor staff shall be classified as inherently governmental for purposes of
the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act, the
unexpended balances of prior appropriations provided for activities in this Act
may be transferred to appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the applicable established
accounts, and thereafter may be accounted for as one fund for the same time
period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by previous
appropriations Acts to the components in or transferred to the Department of
Homeland Security that remain available for obligation or expenditure in fiscal
year 2024, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the components funded by this
Act, shall be available for obligation or expenditure through a reprogramming of
funds that--
(1) creates or eliminates a program, project, or activity, or
increases funds for any program, project, or activity for which funds
have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed by
Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal for
fiscal year 2024 for the Department of Homeland Security;
(3) augments funding for existing programs, projects, or activities
in excess of $5,000,000 or 10 percent, whichever is less;
(4) reduces funding for any program, project, or activity, or
numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in personnel
that would result in a change in funding levels for programs, projects,
or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 30 days in
advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for the current
fiscal year for the Department of Homeland Security by this Act or provided by
previous appropriations Acts may be transferred between such appropriations if
the Committees on Appropriations of the House of Representatives and the Senate
are notified at least 30 days in advance of such transfer, but no such
appropriation, except as otherwise specifically provided, shall be increased by
more than 10 percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall be
reprogrammed within or transferred between appropriations--
(1) based upon an initial notification provided after June 15,
except in extraordinary circumstances that imminently threaten the
safety of human life or the protection of property;
(2) to increase or decrease funding for grant programs; or
(3) to create a program, project, or activity pursuant to subsection
(a)(1), including any new function or requirement within any program,
project, or activity, not approved by Congress in the consideration of
the enactment of this Act.
(e) The notification thresholds and procedures set forth in subsections (a),
(b), (c), and (d) shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations Acts that
remain available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of Homeland Security may
transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from
appropriations available to the Department of Homeland Security: Provided, That
the Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to the
operations of a working capital fund, shall apply with respect to funds made
available in this Act in the same manner as such section applied to funds made
available in that Act.
(b) Funds from such working capital fund may be obligated and expended in
anticipation of reimbursements from components of the Department of Homeland
Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end of
fiscal year 2024, as recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2025, from
appropriations for ``Operations and Support'' for fiscal year 2024 in this Act
shall remain available through September 30, 2025, in the account and for the
purposes for which the appropriations were provided.
(b) Prior to the obligation of such funds, a notification shall be submitted
to the Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 503 of this Act.
Sec. 506. (a) Funds made available by this Act for intelligence activities
are deemed to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2024
until the enactment of an Act authorizing intelligence activities for fiscal
year 2024.
(b) Amounts described in subsection (a) made available for ``Intelligence,
Analysis, and Situational Awareness--Operations and Support'' that exceed the
amounts in such authorization for such account shall be transferred to and
merged with amounts made available under the heading ``Management Directorate--
Operations and Support''.
(c) Prior to the obligation of any funds transferred under subsection (b),
the Management Directorate shall brief the Committees on Appropriations of the
House of Representatives and the Senate on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee of the
Secretary, shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 3 full business days in advance of--
(1) making or awarding a grant allocation or grant in excess of
$1,000,000;
(2) making or awarding a contract, other transaction agreement, or
task or delivery order on a multiple award contract, or to issue a
letter of intent totaling in excess of $4,000,000;
(3) awarding a task or delivery order requiring an obligation of
funds in an amount greater than $10,000,000 from multi-year Department
of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award items under
paragraph (1), (2), (3), or (4), including a contract covered by the
Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that compliance with
this section would pose a substantial risk to human life, health, or safety, an
award may be made without notification, and the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the Senate not
later than 5 full business days after such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for obligation; and
(2) shall include the amount of the award; the fiscal year for which
the funds for the award were appropriated; the type of contract; and the
account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency shall
purchase, construct, or lease any additional facilities, except within or
contiguous to existing locations, to be used for the purpose of conducting
Federal law enforcement training without advance notification to the Committees
on Appropriations of the House of Representatives and the Senate, except that
the Federal Law Enforcement Training Centers is authorized to obtain the
temporary use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made available by
this Act may be used for expenses for any construction, repair, alteration, or
acquisition project for which a prospectus otherwise required under chapter 33
of title 40, United States Code, has not been approved, except that necessary
funds may be expended for each project for required expenses for the development
of a proposed prospectus.
Sec. 510. Sections 522 and 530 of the Department of Homeland Security
Appropriations Act, 2008 (division E of Public Law 110-161; 121 Stat. 2073 and
2074) shall apply with respect to funds made available in this Act in the same
manner as such sections applied to funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be used in
contravention of the applicable provisions of the Buy American Act.
(b) For purposes of subsection (a), the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used to amend
the oath of allegiance required by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made available in this
Act shall be available to carry out section 872 of the Homeland Security Act of
2002 (6 U.S.C. 452) unless explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may be used for
planning, testing, piloting, or developing a national identification card.
Sec. 515. Any official that is required by this Act to report or to certify
to the Committees on Appropriations of the House of Representatives and the
Senate may not delegate such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds made available in this Act may be used for
first-class travel by the employees of agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used to
employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act, none of the
funds appropriated or otherwise made available by this Act may be used to pay
award or incentive fees for contractor performance that has been judged to be
below satisfactory performance or performance that does not meet the basic
requirements of a contract.
Sec. 519. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, territorial, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or adjudication
activities.
Sec. 520. None of the funds made available in this Act may be used by a
Federal law enforcement officer to facilitate the transfer of an operable
firearm to an individual if the Federal law enforcement officer knows or
suspects that the individual is an agent of a drug cartel unless law enforcement
personnel of the United States continuously monitor or control the firearm at
all times.
Sec. 521. (a) None of the funds made available in this Act may be used to
pay for the travel to or attendance of more than 50 employees of a single
component of the Department of Homeland Security, who are stationed in the
United States, at a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such attendance is in the
national interest and notifies the Committees on Appropriations of the House of
Representatives and the Senate within at least 10 days of that determination and
the basis for that determination.
(b) For purposes of this section the term ``international conference'' shall
mean a conference occurring outside of the United States attended by
representatives of the United States Government and of foreign governments,
international organizations, or nongovernmental organizations.
(c) The total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
(d) Employees who attend a conference virtually without travel away from
their permanent duty station within the United States shall not be counted for
purposes of this section, and the prohibition contained in this section shall
not apply to payments for the costs of attendance for such employees.
Sec. 522. None of the funds made available in this Act may be used to
reimburse any Federal department or agency for its participation in a National
Special Security Event.
Sec. 523. (a) None of the funds made available to the Department of Homeland
Security by this or any other Act may be obligated for the implementation of any
structural pay reform or the introduction of any new position classification
that will affect more than 100 full-time positions or costs more than $5,000,000
in a single year before the end of the 30-day period beginning on the date on
which the Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time positions affected by such change;
(2) funding required for such change for the current fiscal year and
through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of compensation
alternatives to such change that were considered by the Department.
(b) Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for the
fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied or
restricted in this Act.
Sec. 524. (a) Any agency receiving funds made available in this Act shall,
subject to subsections (b) and (c), post on the public website of that agency
any report required to be submitted by the Committees on Appropriations of the
House of Representatives and the Senate in this Act, upon the determination by
the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only after such
report has been made available to the Committees on Appropriations of the House
of Representatives and the Senate for not less than 45 days except as otherwise
specified in law.
Sec. 525. (a) Funding provided in this Act for ``Operations and Support''
may be used for minor procurement, construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items with a
unit cost of $250,000 or less for personal property, and $2,000,000 or less for
real property.
Sec. 526. The authority provided by section 532 of the Department of
Homeland Security Appropriations Act, 2018 (Public Law 115-141) regarding
primary and secondary schooling of dependents shall continue in effect during
fiscal year 2024.
Sec. 527. (a) None of the funds appropriated or otherwise made available to
the Department of Homeland Security by this Act may be used to prevent any of
the following persons from entering, for the purpose of conducting oversight,
any facility operated by or for the Department of Homeland Security used to
detain or otherwise house aliens, or to make any temporary modification at any
such facility that in any way alters what is observed by a visiting Member of
Congress or such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of Representatives or the
United States Senate designated by such a Member for the purposes of
this section.
(b) Nothing in this section may be construed to require a Member of Congress
to provide prior notice of the intent to enter a facility described in
subsection (a) for the purpose of conducting oversight.
(c) With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at least 24
hours in advance of an intent to enter a facility described in subsection (a).
Sec. 528. (a) Except as provided in subsection (b), none of the funds made
available in this Act may be used to place restraints on a woman in the custody
of the Department of Homeland Security (including during transport, in a
detention facility, or at an outside medical facility) who is pregnant or in
post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a pregnant woman if--
(1) an appropriate official of the Department of Homeland Security
makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself or
others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the pregnant
woman determines that the use of therapeutic restraints is appropriate
for the medical safety of the woman.
(c) If a pregnant woman is restrained pursuant to subsection (b), only the
safest and least restrictive restraints, as determined by the appropriate
medical professional treating the woman, may be used. In no case may restraints
be used on a woman who is in active labor or delivery, and in no case may a
pregnant woman be restrained in a face-down position with four-point restraints,
on her back, or in a restraint belt that constricts the area of the pregnancy. A
pregnant woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 529. (a) None of the funds made available by this Act may be used to
destroy any document, recording, or other record pertaining to any--
(1) death of,
(2) potential sexual assault or abuse perpetrated against, or
(3) allegation of abuse, criminal activity, or disruption committed
by
an individual held in the custody of the Department of Homeland Security.
(b) The records referred to in subsection (a) shall be made available, in
accordance with applicable laws and regulations, and Federal rules governing
disclosure in litigation, to an individual who has been charged with a crime,
been placed into segregation, or otherwise punished as a result of an allegation
described in paragraph (3), upon the request of such individual.
Sec. 530. Section 519 of division F of Public Law 114-113, regarding a
prohibition on funding for any position designated as a Principal Federal
Official, shall apply with respect to any Federal funds in the same manner as
such section applied to funds made available in that Act.
Sec. 531. (a) Not later than 10 days after the date on which the budget of
the President for a fiscal year is submitted to Congress pursuant to section
1105(a) of title 31, United States Code, the Under Secretary for Management of
Homeland Security shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report on the unfunded priorities, for the
Department of Homeland Security and separately for each departmental component,
for which discretionary funding would be classified as budget function 050.
(b) Each report under this section shall specify, for each such unfunded
priority--
(1) a summary description, including the objectives to be achieved
if such priority is funded (whether in whole or in part);
(2) the description, including the objectives to be achieved if such
priority is funded (whether in whole or in part);
(3) account information, including the following (as applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time positions to be
funded as part of such priority.
(c) In this section, the term ``unfunded priority'', in the case of a fiscal
year, means a requirement that--
(1) is not funded in the budget referred to in subsection (a);
(2) is necessary to fulfill a requirement associated with an
operational or contingency plan for the Department; and
(3) would have been recommended for funding through the budget
referred to in subsection (a) if--
(A) additional resources had been available for the budget
to fund the requirement;
(B) the requirement has emerged since the budget was
formulated; or
(C) the requirement is necessary to sustain prior-year
investments.
Sec. 532. (a) Not later than 10 days after a determination is made by the
President to evaluate and initiate protection under any authority for a former
or retired Government official or employee, or for an individual who, during the
duration of the directed protection, will become a former or retired Government
official or employee (referred to in this section as a ``covered individual''),
the Secretary of Homeland Security shall submit a notification to congressional
leadership and the Committees on Appropriations of the House of Representatives
and the Senate, the Committees on the Judiciary of the House of Representatives
and the Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and Governmental Affairs of
the Senate, and the Committee on Oversight and Reform of the House of
Representatives (referred to in this section as the ``appropriate congressional
committees'').
(b) Such notification may be submitted in classified form, if necessary, and
in consultation with the Director of National Intelligence or the Director of
the Federal Bureau of Investigation, as appropriate, and shall include the
threat assessment, scope of the protection, and the anticipated cost and
duration of such protection.
(c) Not later than 15 days before extending, or 30 days before terminating,
protection for a covered individual, the Secretary of Homeland Security shall
submit a notification regarding the extension or termination and any change to
the threat assessment to the congressional leadership and the appropriate
congressional committees.
(d) Not later than 45 days after the date of enactment of this Act, and
quarterly thereafter, the Secretary shall submit a report to the congressional
leadership and the appropriate congressional committees, which may be submitted
in classified form, if necessary, detailing each covered individual, and the
scope and associated cost of protection.
Sec. 533. (a) None of the funds provided to the Department of Homeland
Security in this or any prior Act may be used by an agency to submit an initial
project proposal to the Technology Modernization Fund (as authorized by section
1078 of subtitle G of title X of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91)) unless, concurrent with the submission of
an initial project proposal to the Technology Modernization Board, the head of
the agency--
(1) notifies the Committees on Appropriations of the House of
Representatives and the Senate of the proposed submission of the project
proposal;
(2) submits to the Committees on Appropriations a copy of the
project proposal; and
(3) provides a detailed analysis of how the proposed project funding
would supplement or supplant funding requested as part of the
Department's most recent budget submission.
(b) None of the funds provided to the Department of Homeland Security by the
Technology Modernization Fund shall be available for obligation until 15 days
after a report on such funds has been transmitted to the Committees on
Appropriations of the House of Representatives and the Senate.
(c) The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by the
Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the Department and
the Fund including the project's deliverables and repayment terms, as
applicable;
(3) a detailed analysis of how the project will supplement or
supplant existing funding available to the Department for similar
activities;
(4) a plan for how the Department will repay the Fund, including
specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 534. Within 60 days of any budget submission for the Department of
Homeland Security for fiscal year 2025 that assumes revenues or proposes a
reduction from the previous year based on user fees proposals that have not been
enacted into law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on Appropriations of the House of
Representatives and the Senate specific reductions in proposed discretionary
budget authority commensurate with the revenues assumed in such proposals in the
event that they are not enacted prior to October 1, 2024.
Sec. 535. None of the funds made available by this Act may be obligated or
expended to implement the Arms Trade Treaty until the Senate approves a
resolution of ratification for the Treaty.
Sec. 536. No Federal funds made available to the Department of Homeland
Security may be used to enter into a procurement contract, memorandum of
understanding, or cooperative agreement with, or make a grant to, or provide a
loan or guarantee to, any entity identified under section 1260H of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) or any subsidiary of such entity.
Sec. 537. 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. 538. (a) The Secretary of Homeland Security (in this section referred
to as the ``Secretary'') shall, on a bimonthly basis beginning immediately after
the date of enactment of this Act, develop estimates of the number of
noncitizens anticipated to arrive at the southwest border of the United States.
(b) The Secretary shall ensure that, at a minimum, the estimates developed
pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal year;
(2) include a breakout by demographics, to include single adults,
family units, and unaccompanied children;
(3) undergo an independent validation and verification review;
(4) are used to inform policy planning and budgeting processes
within the Department of Homeland Security; and
(5) are included in the budget materials submitted to Congress for
each fiscal year beginning after the date of enactment of this Act and
in support of--
(A) the President's annual budget request pursuant to
section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to Congress;
(C) any reprogramming and transfer notification pursuant to
section 503 of this Act; and
(D) such budget materials shall include--
(i) the most recent bimonthly estimates developed
pursuant to subsection (a);
(ii) a description and quantification of the
estimates used to justify funding requests for
Department programs related to border security,
immigration enforcement, and immigration services;
(iii) a description and quantification of the
anticipated workload and requirements resulting from
such estimates; and
(iv) a confirmation as to whether the budget
requests for impacted agencies were developed using the
same estimates.
(c) The Secretary shall share the bimonthly estimates developed pursuant to
subsection (a) with the Secretary of Health and Human Services, the Attorney
General, the Secretary of State, and the Committees on Appropriations of the
House of Representatives and the Senate.
(d) If the bimonthly estimates described in subsection (b) are not provided
for the purposes described, the reprogramming and transfer authority provided in
section 503 of this Act shall be suspended until such time as the required
estimates are provided to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 539. (a) Section 538 of the Department of Homeland Security
Appropriations Act, 2022 (division F of Public Law 117-103) is amended by
striking subsection (d) and inserting the following--
``(d) Amounts in the Fund may not be apportioned or allotted for any fiscal
year until after the date on which the Act making full-year appropriations for
the Department of Homeland Security for the applicable fiscal year is enacted
into law, subject to subsection (e).
``(e) The Committees on Appropriations of the House of Representatives and
the Senate shall be notified at least 15 days in advance of the planned use of
funds.''.
(b) The amendments made by this section shall apply to amounts transferred
under such section 538 on or after the date of enactment of this Act.
Sec. 540. (a) Prior to the Secretary of Homeland Security requesting
assistance from the Department of Defense for border security operations, the
Secretary shall ensure that an alternatives analysis and cost-benefit analysis
is conducted before such request is made, which shall include an examination of
obtaining such support through other means.
(b) Not later than 30 days after the date on which a request for assistance
is made, the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report detailing
the types of support requested, the alternatives analysis and cost-benefit
analysis described in subsection (a), and the operational impact to Department
of Homeland Security operations of any Department of Defense border security
support requested by the Secretary.
(c) Not later than 30 days after the date on which a request made for
assistance is granted and quarterly thereafter through the duration of such
assistance, the Secretary of Homeland Security shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, a report
detailing the assistance provided and the operational impacts to border security
operations.
Sec. 541. Funds made available in this Act or any other Act for Operations
and Support may be used for the necessary expenses of providing an employee
emergency back-up care program.
Sec. 542. (a) Not less than $5,000,000 made available in this Act shall be
transferred to ``U.S. Immigration and Customs Enforcement--Operations and
Support'' to support and conduct necessary operations of the Blue Campaign for
fiscal year 2024.
(b) Prior to the obligation of funds made available by subsection (a),
notification shall be submitted to the Committees on Appropriations of the House
of Representatives and the Senate.
(rescissions of funds)
Sec. 543. Of the funds appropriated to the Department of Homeland Security,
the following funds are hereby rescinded from the following accounts and
programs in the specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985:
(1) $800,000 from unobligated balances available in the ``Office of
the Secretary and Executive Management--Operations and Support'' account
(70 23/24 0100).
(2) $4,100,000 from the unobligated balances available in the
``Management Directorate--Office of the Chief Information Officer and
Operations'' account (70 X 0113).
(3) $1,473,000 from the unobligated balances available in the ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' account (70 X 0532).
(4) $1,842,000 from the unobligated balances available in the ``U.S.
Customs and Border Protection--Border Security Fencing, Infrastructure,
and Technology'' account (70 X 0533).
(5) $450,000 from the unobligated balances available in the ``U.S.
Customs and Border Protection--Air and Marine Interdiction, Operations,
Maintenance, and Procurement'' account (70 X 0544).
(6) $3,000,000 from the unobligated balances available in the ``U.S.
Immigration and Customs Enforcement--Operations and Support'' account
(70 23/24 0540).
(7) $782,419 from the unobligated balances available in the ``U.S.
Immigration and Customs Enforcement--Operations and Support'' account
(70 X 0540).
(8) $10,471 from the unobligated balances available in the ``U.S.
Immigration and Customs Enforcement--Automation Modernization'' account
(70 X 0543).
(9) $22,600,000 from the unobligated balances available in the
``Coast Guard--Acquisition, Construction, and Improvements'' account (70
X 0613).
(10) $150,000,000 from the unobligated balances available in the
``Coast Guard--Procurement, Construction, and Improvements'' account.
(11) $2,400,000 from the unobligated balances available in the
``United States Secret Service--Operations and Support'' account (70 X
0400).
(12) $4,000,000 from the unobligated balances available in the
``United States Secret Service--Procurement, Construction, and
Improvements'' account (70 23/25 0401).
(13) $3,500,000 from the unobligated balances available in the
``Cybersecurity and Infrastructure Security Agency--Procurement,
Construction, and Improvements'' account (70 23/27 0412).
(14) $2,000,000 from the unobligated balances available in the
``Cybersecurity and Infrastructure Security Agency--Research and
Development'' account (70 23/24 0805).
(15) $5,821,000 from the unobligated balances available in the
``Federal Emergency Management Agency--National Predisaster Mitigation
Fund'' account (70 X 0716).
(16) $40,000 from the unobligated balances available in the ``U.S.
Citizenship and Immigration Services--Operations and Support'' account
(70 X 0300).
(17) $46,968 from the unobligated balances available in the
``Federal Law Enforcement Training Centers--Procurement, Construction,
and Improvements'' account (70 20/24 0510).
(18) $900,000 from the unobligated balances available in the
``Science and Technology Directorate--Operations and Support'' account
(70 X 0800).
(19) $2,000,000 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Research and
Development'' account (70 22/24 0860).
(20) $2,900,000 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Procurement,
Construction, and Improvements'' account (70 22/24 0862).
(21) $19,700,000 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Procurement,
Construction, and Improvements'' account (70 23/25 0862).
(22) $11,208,000 from the unobligated balances available in the
``Countering Weapons of Mass Destruction--Research and Development''
account (70 23/25 0860).
(23) $11,478 from the unobligated balances available in the
``Countering Weapons of Mass Destruction Office--Research and
Development'' account (70 X 0860).
Sec. 544. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the Department of
Homeland Security Appropriations Act, 2023 (Public Law 117-328) are rescinded:
(1) $1,025,240 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $982,350 from ``Management Directorate--Operations and
Support''.
(3) $757,750 from ``Intelligence, Analysis, and Situational
Awareness--Operations and Support''.
(4) $102,031 from ``Office of the Inspector General--Operations and
Support''.
(5) $6,952,560 from ``U.S. Customs and Border Protection--Operations
and Support''.
(6) $7,661,620 from ``U.S. Immigration and Customs Enforcement--
Operations and Support''.
(7) $31,022,129 from ``Coast Guard--Operations and Support''.
(8) $364,550 from ``United States Secret Service--Operations and
Support''.
(9) $1,407,050 from ``Cybersecurity and Infrastructure Security
Agency--Operations and Support''.
(10) $2,454,920 from ``Federal Emergency Management Agency--
Operations and Support''.
(11) $3,146,930 from ``U.S. Citizenship and Immigration Services--
Operations and Support''.
(12) $232,590 from ``Federal Law Enforcement Training Centers--
Operations and Support''.
(13) $51,440 from ``Science and Technology Directorate--Operations
and Support''.
(14) $73,440 from ``Countering Weapons of Mass Destruction Office--
Operations and Support''.
Sec. 545. Of the unobligated balances in the ``Department of Homeland
Security Nonrecurring Expenses Fund'' established in section 538 of division F
of Public Law 117-103, $699,662 are hereby rescinded.
Sec. 546. (a) Of the unobligated balances from amounts made available by
section 104A(m) of Public Law 103-325 (12 U.S.C. 4703a(m)), $30,000,000 are
hereby permanently rescinded.
(b) Of the unobligated balances in the fund established by section 223 of
division G of Public Law 110-161, $87,900,000 are hereby rescinded not later
than September 30, 2024.
(c)(1) Of the unobligated balances of funds made available by sections 2301,
2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2704, 3101, and 9911 of Public
Law 117-2, $239,000,000 are hereby rescinded.
(2) The report required to be submitted pursuant to section 529 of division
D of this consolidated Act shall include the amounts rescinded pursuant to this
subsection.
(d) Of the unobligated balances in the fund established pursuant to section
527 of title 28, United States Code, $75,000,000 are hereby permanently
rescinded not later than September 30, 2024.
(e) Of the amounts provided in title II of this Act under the heading
``United States Secret Service--Operations and Support'', $320,000,000 shall be
paid from the unobligated balances from amounts in the fund established by
section 9006(a) of title 26, United States Code.
(f)(1) Of the total amount provided in title III of this Act under the
heading ``Federal Emergency Management Agency--Federal Assistance'',
$364,000,000 shall be derived by transfer from the unobligated balances from
amounts made available in paragraph (2) under such heading in title V of
division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) and
shall be merged with amounts provided under such heading in title III of this
Act.
(2) Amounts repurposed or transferred pursuant to this subsection that were
previously designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the Budget are designated as an emergency requirement
pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and to legislation
establishing fiscal year 2024 budget enforcement in the House of
Representatives.
Sec. 547. Notwithstanding the amounts made available for vocational
rehabilitation services pursuant to title I of the Rehabilitation Act in
``Department of Education--Rehabilitation Services'' in division D of this Act
and notwithstanding sections 100(b)(1) and 100(c)(2) of the Rehabilitation Act,
each State shall be entitled to an allotment equal to the amount such State
received pursuant to section 110(a) of the Rehabilitation Act for the fiscal
year ending September 30, 2023, prior to any additions or reductions under
section 110(b) or section 111(a)(2)(B): Provided, That, of such amounts made
available under the heading ``Department of Education--Rehabilitation Services''
in division D of this Act, $286,791,761 is hereby rescinded: Provided further,
That, for fiscal year 2025, each State shall be entitled to an allotment
pursuant to section 110(b) of the Rehabilitation Act that shall be calculated as
if this section were not in effect in fiscal year 2024.
Sec. 548. The fourth proviso under the heading ``National Park Service--
Historic Preservation Fund'' in division E of the Consolidated Appropriations
Act, 2024 (Public Law 118-42), is amended by striking ``$12,500,000'' and
inserting ``$10,000,000''.
Sec. 549. (a) Of the unobligated balances made available under the heading
``Community Development Fund'' in title II of division F of the Consolidated
Appropriations Act, 2024 (Public Law 118-42) for grants for the Economic
Development Initiative (EDI) specified in paragraph (4) of such heading,
$1,000,000 is hereby permanently rescinded: Provided, That no amounts may be
rescinded from amounts specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in the explanatory statement
described in section 4 in the matter preceding division A of such consolidated
Act.
(b) The matter under the heading ``Transit Infrastructure Grants'' in title
I of division F of Public Law 118-42 is amended--
(1) in the matter preceding the first proviso, by striking
``$252,386,844'' and inserting ``$253,386,844''; and
(2) in paragraph (1), by striking ``$20,000,000'' and inserting
``$21,000,000''.
Sec. 550. (a) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for division L
of the Consolidated Appropriations Act, 2023 (Public Law 117-328) described in
section 4 in the matter preceding division A of such Act, the item relating to
``The Veterans' Place Renovation'' is deemed to be amended by striking
``Renovation'' and inserting ``New Construction''.
(b) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for division F
of the Consolidated Appropriations Act, 2024 (Public Law 118-42) described in
section 4 in the matter preceding division A of such Act, the item relating to
``Kingfield Multi-Family Housing'' is deemed to be amended by striking
``Kingfield''.
Sec. 551. The table entitled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement for division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42) described in section 4
in the matter preceding division A of such Act is deemed to be amended by adding
at the end the items in the table entitled ``THUD Addendum'' in the explanatory
statement for this division described in section 4 (in the matter preceding
division A of this consolidated Act).
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2024''.
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity Act
(referred to in this Act as ``WIOA'') and the National Apprenticeship Act,
$4,006,421,000 plus reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,929,332,000 as follows:
(A) $885,649,000 for adult employment and training
activities, of which $173,649,000 shall be available for the
period July 1, 2024 through June 30, 2025, and of which
$712,000,000 shall be available for the period October 1, 2024
through June 30, 2025;
(B) $948,130,000 for youth activities, which shall be
available for the period April 1, 2024 through June 30, 2025;
and
(C) $1,095,553,000 for dislocated worker employment and
training activities, of which $235,553,000 shall be available
for the period July 1, 2024 through June 30, 2025, and of which
$860,000,000 shall be available for the period October 1, 2024
through June 30, 2025:
Provided, That the funds available for allotment to outlying areas to
carry out subtitle B of title I of the WIOA shall not be subject to the
requirements of section 127(b)(1)(B)(ii) of such Act: Provided further,
That notwithstanding the requirements of WIOA, outlying areas may submit
a single application for a consolidated grant that awards funds that
would otherwise be available to such areas to carry out the activities
described in subtitle B of title I of the WIOA: Provided further, That
such application shall be submitted to the Secretary of Labor (referred
to in this title as ``Secretary''), at such time, in such manner, and
containing such information as the Secretary may require: Provided
further, That outlying areas awarded a consolidated grant described in
the preceding provisos may use the funds for any of the programs and
activities authorized under such subtitle B of title I of the WIOA
subject to approval of the application and such reporting requirements
issued by the Secretary; and
(2) for national programs, $1,077,089,000 as follows:
(A) $300,859,000 for the dislocated workers assistance
national reserve, of which $100,859,000 shall be available for
the period July 1, 2024 through September 30, 2025, and of which
$200,000,000 shall be available for the period October 1, 2024
through September 30, 2025: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use in
order to address cases where there have been worker dislocations
across multiple sectors or across multiple local areas and such
workers remain dislocated; coordinate the State workforce
development plan with emerging economic development needs; and
train such eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c) of the
WIOA may be used for technical assistance and demonstration
projects, respectively, that provide assistance to new entrants
in the workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary may reserve not
more than 10 percent of such funds to provide technical
assistance and carry out additional activities related to the
transition to the WIOA: Provided further, That of the funds
provided under this subparagraph, $115,000,000 shall be for
training and employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such section) and
170 of the WIOA as follows:
(i) $50,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C. 14102(a)(1),
workers in the Lower Mississippi, as defined in section
4(2) of the Delta Development Act (Public Law 100-460,
102 Stat. 2246; 7 U.S.C. 2009aa(2)), and workers in the
region served by the Northern Border Regional
Commission, as defined by 40 U.S.C. 15733; and
(ii) $65,000,000 shall be for the purpose of
developing, offering, or improving educational or career
training programs at community colleges, defined as
public institutions of higher education, as described in
section 101(a) of the Higher Education Act of 1965 and
at which the associate's degree is primarily the highest
degree awarded, with other eligible institutions of
higher education, as defined in section 101(a) of the
Higher Education Act of 1965, eligible to participate
through consortia, with community colleges as the lead
grantee: Provided, That the Secretary shall follow the
requirements for the program in House Report 116-62:
Provided further, That any grant funds used for
apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA;
(B) $60,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July 1,
2024 through June 30, 2025;
(C) $97,396,000 for migrant and seasonal farmworker programs
under section 167 of the WIOA, including $90,134,000 for formula
grants (of which not less than 70 percent shall be for
employment and training services), $6,591,000 for migrant and
seasonal housing (of which not less than 70 percent shall be for
permanent housing), and $671,000 for other discretionary
purposes, which shall be available for the period April 1, 2024
through June 30, 2025: Provided, That notwithstanding any other
provision of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services: Provided
further, That notwithstanding the definition of ``eligible
seasonal farmworker'' in section 167(i)(3)(A) of the WIOA
relating to an individual being ``low-income'', an individual is
eligible for migrant and seasonal farmworker programs under
section 167 of the WIOA under that definition if, in addition to
meeting the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family with a
total family income equal to or less than 150 percent of the
poverty line;
(D) $105,000,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the period
April 1, 2024 through June 30, 2025;
(E) $115,000,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be available
for the period April 1, 2024 through June 30, 2025: Provided,
That of this amount, $30,000,000 shall be for competitive grants
to national and regional intermediaries for activities that
prepare for employment young adults with criminal legal
histories, young adults who have been justice system-involved,
or young adults who have dropped out of school or other
educational programs, with a priority for projects serving high-
crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall be
available for the period July 1, 2024 through June 30, 2025;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of the
WIOA, to be available to the Secretary to carry out activities
through grants, cooperative agreements, contracts and other
arrangements, with States and other appropriate entities,
including equity intermediaries and business and labor industry
partner intermediaries, which shall be available for the period
July 1, 2024 through June 30, 2025; and
(H) $107,834,000 for carrying out Demonstration and Pilot
projects under section 169(c) of the WIOA, which shall be
available for the period April 1, 2024 through June 30, 2025, in
addition to funds available for such activities under
subparagraph (A) for the projects, and in the amounts, specified
in the table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That
such funds may be used for projects that are related to the
employment and training needs of dislocated workers, other
adults, or youth: Provided further, That the 10 percent funding
limitation under such section of the WIOA shall not apply to
such funds: Provided further, That section 169(b)(6)(C) of the
WIOA shall not apply to such funds: Provided further, That
sections 102 and 107 of this Act shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor vehicles, the
construction, alteration, and repairs of buildings and other facilities, and the
purchase of real property for training centers as authorized by the WIOA,
$1,760,155,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2024 through June 30, 2025;
(2) $123,000,000 for construction, rehabilitation and acquisition of
Job Corps Centers, which shall be available for the period July 1, 2024
through June 30, 2027, and which may include the acquisition,
maintenance, and repair of major items of equipment: Provided, That the
Secretary may transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve administrative
efficiencies: Provided further, That any funds transferred pursuant to
the preceding proviso shall not be available for obligation after June
30, 2024: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which shall be
available for obligation for the period October 1, 2023 through
September 30, 2024:
Provided, That no funds from any other appropriation shall be used to provide
meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to in this
Act as ``OAA''), $405,000,000, which shall be available for the period April 1,
2024 through June 30, 2025, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2024 of trade adjustment benefit payments
and allowances under part I of subchapter B of chapter 2 of title II of the
Trade Act of 1974, and section 246 of that Act; and for training, employment and
case management services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and related State
administration provided pursuant to section 231(a) of the Trade Adjustment
Assistance Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a) of the Trade Act of 1974,
as amended, $30,700,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period subsequent
to September 15, 2024: Provided, That notwithstanding section 502 of this Act,
any part of the appropriation provided under this heading may remain available
for obligation beyond the current fiscal year pursuant to the authorities of
section 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $84,066,000, together with not to
exceed $3,922,084,000 which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund (``the Trust Fund''), of
which--
(1) $3,141,635,000 from the Trust Fund is for grants to States for
the administration of State unemployment insurance laws as authorized
under title III of the Social Security Act (including not less than
$382,000,000 to carry out reemployment services and eligibility
assessments under section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who are
profiled as most likely to exhaust their benefits, may be eligible for
such services and assessments: Provided, That of such amount,
$117,000,000 is specified for grants under section 306 of the Social
Security Act and is provided to meet the terms of section
251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and $265,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(E) of such Act; and
$9,000,000 for continued support of the Unemployment Insurance Integrity
Center of Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and under
section 231(a) of the Trade Adjustment Assistance Extension Act of 2011,
sections 405(a) and 406 of the Trade Preferences Extension Act of 2015,
and section 285(a) of the Trade Act of 1974, as amended, and shall be
available for obligation by the States through December 31, 2024, except
that funds used for automation shall be available for Federal obligation
through December 31, 2024, and for State obligation through September
30, 2026, or, if the automation is being carried out through consortia
of States, for State obligation through September 30, 2030, and for
expenditure through September 30, 2031, and funds for competitive grants
awarded to States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment insurance
improper payment reviews and provide reemployment services and referrals
to training, as appropriate, shall be available for Federal obligation
through December 31, 2024 (except that funds for outcome payments
pursuant to section 306(f)(2) of the Social Security Act shall be
available for Federal obligation through March 31, 2025), and for
obligation by the States through September 30, 2026, and funds for the
Unemployment Insurance Integrity Center of Excellence shall be available
for obligation by the State through September 30, 2025, and funds used
for unemployment insurance workloads experienced through September 30,
2024 shall be available for Federal obligation through December 31,
2024;
(2) $18,000,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with $21,413,000 from
the General Fund of the Treasury, is for grants to States in accordance
with section 6 of the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2024 through June 30, 2025;
(4) $25,000,000 from the Trust Fund is for national activities of
the Employment Service, including administration of the work opportunity
tax credit under section 51 of the Internal Revenue Code of 1986
(including assisting States in adopting or modernizing information
technology for use in the processing of certification requests), and the
provision of technical assistance and staff training under the Wagner-
Peyser Act;
(5) $83,810,000 from the Trust Fund is for the administration of
foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which $60,528,000
shall be available for the Federal administration of such activities,
and $23,282,000 shall be available for grants to States for the
administration of such activities; and
(6) $62,653,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system building
under the Wagner-Peyser Act and shall be available for Federal
obligation for the period July 1, 2024 through June 30, 2025, of which
up to $9,800,000 may be used to carry out research and demonstration
projects related to testing effective ways to promote greater labor
force participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available for research and
demonstration projects under this paragraph to the ``Office of
Disability Employment Policy'' account for such purposes:
Provided, That to the extent that the Average Weekly Insured Unemployment
(``AWIU'') for fiscal year 2024 is projected by the Department of Labor to
exceed 3,075,000, an additional $28,600,000 from the Trust Fund shall be
available for obligation for every 100,000 increase in the AWIU level (including
a pro rata amount for any increment less than 100,000) to carry out title III of
the Social Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of the
Social Security Act may be used by such State to assist other States in carrying
out activities under such title III if the other States include areas that have
suffered a major disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further, That the
Secretary may use funds appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on behalf of States
to the entity operating the State Information Data Exchange System: Provided
further, That funds appropriated in this Act which are used to establish a
national one-stop career center system, or which are used to support the
national activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts, grants, or
agreements with States and non-State entities: Provided further, That States
awarded competitive grants for improved operations under title III of the Social
Security Act, or awarded grants to support the national activities of the
Federal-State unemployment insurance system, may award subgrants to other States
and non-State entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment Insurance and
Employment Service automation efforts, notwithstanding cost allocation
principles prescribed under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards'' at
part 200 of title 2, Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology Support Center in
order to carry out activities that benefit the administration of the
unemployment compensation law of the State making the request: Provided
further, That the Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and local governments,
public and private institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure, methodology, and
data to meet the information collection and reporting needs of such entities,
which shall be credited to this appropriation and shall remain available until
September 30, 2025, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized by
sections 905(d) and 1203 of the Social Security Act, and to the Black Lung
Disability Trust Fund as authorized by section 9501(c)(1) of the Internal
Revenue Code of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal Unemployment
Benefits and Allowances'' account, such sums as may be necessary, which shall be
available for obligation through September 30, 2025.
program administration
For expenses of administering employment and training programs,
$118,900,000, together with not to exceed $54,015,000 which shall be available
from the Employment Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security Administration,
$191,100,000, of which up to $3,000,000 shall be made available through
September 30, 2025, for the procurement of expert witnesses for enforcement
litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is authorized to
make such expenditures, including financial assistance authorized by subtitle E
of title IV of the Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses, through
September 30, 2024, for the Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2024 shall be available for
obligations for administrative expenses in excess of $512,900,000: Provided
further, That to the extent that the number of new plan participants in plans
terminated by the Corporation exceeds 100,000 in fiscal year 2024, an amount not
to exceed an additional $9,200,000 shall be available through September 30,
2028, for obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess of the
amounts provided for administrative expenses in this paragraph may be incurred
and shall be available through September 30, 2028 for obligation for unforeseen
and extraordinary pre-termination or termination expenses or extraordinary
multiemployer program related expenses after approval by the Office of
Management and Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That an
additional amount shall be available for obligation through September 30, 2028
to the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100 per affected
individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees for
inspection services rendered, $260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $110,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation Programs,
$120,500,000, together with $2,205,000 which may be expended from the Special
Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App.
2012); obligations incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers' Compensation Act,
$700,000,000, together with such amounts as may be necessary to be charged to
the subsequent year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts appropriated may be
used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not
the employer at the time of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2023, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further, That in
addition there shall be transferred to this appropriation from the Postal
Service and from any other corporation or instrumentality required under 5
U.S.C. 8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through September 30,
2024: Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $83,007,000 shall be made available to the
Secretary as follows:
(1) For enhancement and maintenance of automated data processing
systems operations and telecommunications systems, $28,153,000;
(2) For automated workload processing operations, including document
imaging, centralized mail intake, and medical bill processing,
$26,526,000;
(3) For periodic roll disability management and medical review,
$26,527,000;
(4) For program integrity, $1,801,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing a
notice of injury or a claim for benefits under 5 U.S.C. 81, or the Longshore and
Harbor Workers' Compensation Act, provide as part of such notice and claim, such
identifying information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act of 1977,
as amended by Public Law 107-275, $22,890,000, to remain available until
expended.
For making after July 31 of the current fiscal year, benefit payments to
individuals under title IV of such Act, for costs incurred in the current fiscal
year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of fiscal
year 2025, $7,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness compensation fund
For necessary expenses to administer the Energy Employees Occupational
Illness Compensation Program Act, $66,532,000, to remain available until
expended: Provided, That the Secretary may require that any person filing a
claim for benefits under the Act provide as part of such claim such identifying
information (including Social Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust Fund (the
``Fund''), to remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code
of 1986; and repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may be
expended from the Fund for fiscal year 2024 for expenses of operation and
administration of the Black Lung Benefits program, as authorized by section
9501(d)(5): not to exceed $44,059,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed $41,178,000 for
transfer to Departmental Management, ``Salaries and Expenses''; not to exceed
$368,000 for transfer to Departmental Management, ``Office of Inspector
General''; and not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $632,309,000, including not to exceed $120,000,000 which shall
be the maximum amount available for grants to States under section 23(g) of the
Occupational Safety and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and health programs
required to be incurred under plans approved by the Secretary under section 18
of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety and health training
and education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2024, to collect and
retain fees for services provided to Nationally Recognized Testing Laboratories,
and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this paragraph shall
be obligated or expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is applicable to any
person who is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or expended to administer
or enforce any standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational injury
and illness rate, at the most precise industrial classification code for which
such data are published, less than the national average rate as such rates are
most recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation, technical
assistance, educational and training services, and to conduct surveys
and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during such
inspection, and to assess a penalty for violations which are not
corrected within a reasonable abatement period and for any willful
violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to health
hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more employees
or which results in hospitalization of two or more employees, and to
take any action pursuant to such investigation authorized by the Act;
and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising rights
under the Act:
Provided further, That the foregoing proviso shall not apply to any person who
is engaged in a farming operation which does not maintain a temporary labor camp
and employs 10 or fewer employees: Provided further, That $12,787,000 shall be
available for Susan Harwood training grants: Provided further, That not less
than $3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health Administration,
$387,816,000, including purchase and bestowal of certificates and trophies in
connection with mine rescue and first-aid work, and the hire of passenger motor
vehicles, including up to $2,000,000 for mine rescue and recovery activities and
not less than $10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected by the
National Mine Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities:
Provided further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and
Health Administration is authorized to collect and retain up to $2,499,000 from
fees collected for the approval and certification of equipment, materials, and
explosives for use in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept lands, buildings,
equipment, and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State, or
private: Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the mining
community through cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is authorized to recognize
the Joseph A. Holmes Safety Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds and, with or
without reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the Department of
Labor may be used, with the approval of the Secretary, to provide for the costs
of mine rescue and survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and their
employees for services rendered, $629,952,000, together with not to exceed
$68,000,000 which may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment Policy to
provide leadership, develop policy and initiatives, and award grants furthering
the objective of eliminating barriers to the training and employment of people
with disabilities, $43,000,000, of which not less than $9,000,000 shall be for
research and demonstration projects related to testing effective ways to promote
greater labor force participation of people with disabilities: Provided, That
the Secretary may transfer amounts made available under this heading for
research and demonstration projects to the ``State Unemployment Insurance and
Employment Service Operations'' account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the hire of
three passenger motor vehicles, $387,889,000, together with not to exceed
$308,000, which may be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That $81,725,000 for the
Bureau of International Labor Affairs shall be available for obligation through
December 31, 2024: Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or operate international
labor activities, bilateral and multilateral technical assistance, and
microfinance programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not less than $30,175,000 shall be for
programs to combat exploitative child labor internationally and not less than
$30,175,000 shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United States
has free trade agreements or trade preference programs: Provided further, That
$4,281,000 shall be used for program evaluation and shall be available for
obligation through September 30, 2025: Provided further, That funds available
for program evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of evaluation
shall be awarded through fair and open competition: Provided further, That
funds available for program evaluation may be transferred to any other
appropriate account in the Department for such purpose: Provided further, That
the Committees on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer: Provided further,
That the funds available to the Women's Bureau may be used for grants to serve
and promote the interests of women in the workforce: Provided further, That of
the amounts made available to the Women's Bureau, not less than $5,000,000 shall
be used for grants authorized by the Women in Apprenticeship and Nontraditional
Occupations Act.
veterans' employment and training
Not to exceed $269,841,000 may be derived from the Employment Security
Administration account in the Unemployment Trust Fund to carry out the
provisions of chapters 41, 42, and 43 of title 38, United States Code, of
which--
(1) $185,000,000 is for Jobs for Veterans State grants under 38
U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
specialists under section 4103A of such title and local veterans'
employment representatives under section 4104(b) of such title, and for
the expenses described in section 4102A(b)(5)(C), which shall be
available for expenditure by the States through September 30, 2026, and
not to exceed 3 percent for the necessary Federal expenditures for data
systems and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such funds
may be used to support such specialists and representatives in the
provision of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and have been
identified as in need of intensive services, to members of the Armed
Forces who are wounded, ill, or injured and receiving treatment in
military treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or injured
members;
(2) $34,379,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters 41, 42,
and 43 of title 38, and sections 2021, 2021A and 2023 of title 38,
United States Code: Provided, That up to $500,000 may be used to carry
out the Hire VETS Act (division O of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and Training
Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations provided
under paragraphs (1) through (4) above an amount not to exceed 3 percent of the
appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is for
carrying out programs to assist homeless veterans and veterans at risk of
homelessness who are transitioning from certain institutions under sections
2021, 2021A, and 2023 of title 38, United States Code: Provided, That
notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may
award grants through September 30, 2024, to provide services under such section:
Provided further, That services provided under sections 2021 or under 2021A may
include, in addition to services to homeless veterans described in section
2002(a)(1), services to veterans who were homeless at some point within the 60
days prior to program entry or veterans who are at risk of homelessness within
the next 60 days, and that services provided under section 2023 may include, in
addition to services to the individuals described in subsection (e) of such
section, services to veterans recently released from incarceration who are at
risk of homelessness: Provided further, That notwithstanding paragraph (3)
under this heading, funds appropriated in this paragraph may be used for data
systems and contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding sections
2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be
available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE Vets Medallion
Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall
be available to the Secretary to carry out the HIRE Vets Medallion Award
Program, as authorized by such Act, and shall remain available until expended:
Provided, That such sums shall be in addition to any other funds available for
such purposes, including funds available under paragraph (3) of this heading:
Provided further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not
apply.
it modernization
For necessary expenses for Department of Labor centralized infrastructure
technology investment activities related to support systems and modernization,
$29,269,000, which shall be available through September 30, 2025.
office of inspector general
For salaries and expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, $91,187,000, together with
not to exceed $5,841,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That not more
than $2,000,000 of the amount provided under this heading may be available until
expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job Corps
shall be used to pay the salary and bonuses of an individual, either as direct
costs or any proration as an indirect cost, at a rate in excess of Executive
Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985) which are
appropriated for the current fiscal year for the Department of Labor in this Act
may be transferred between a program, project, or activity, but no such program,
project, or activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this section shall
not be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further, That the Committees
on Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the funds
appropriated or otherwise made available pursuant to this Act shall be obligated
or expended for the procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by forced or indentured
child labor in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the funds
made available to the Department of Labor for grants under section 414(c) of the
American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a)
may be used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently enrolled in
school within a local educational agency in the occupations and industries for
which employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the heading
``Employment and Training Administration'' shall be used by a recipient or
subrecipient of such funds to pay the salary and bonuses of an individual,
either as direct costs or indirect costs, at a rate in excess of Executive Level
II. This limitation shall not apply to vendors providing goods and services as
defined in Office of Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit for salaries and
bonuses of those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may transfer funds
made available to the Employment and Training Administration by this Act, either
directly or through a set-aside, for technical assistance services to grantees
to ``Program Administration'' when it is determined that those services will be
more efficiently performed by Federal employees: Provided, That this section
shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more than
0.5 percent of each discretionary appropriation made available to the Employment
and Training Administration by this Act to ``Program Administration'' in order
to carry out program integrity activities relating to any of the programs or
activities that are funded under any such discretionary appropriations:
Provided, That notwithstanding section 102 and the preceding proviso, the
Secretary may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to paragraph (3)
of such account to carry out program integrity activities related to the Job
Corps program: Provided further, That funds transferred under this subsection
shall be available to the Secretary to carry out program integrity activities
directly or through grants, cooperative agreements, contracts and other
arrangements with States and other appropriate entities: Provided further, That
funds transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2025.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent from each
appropriation made available in this Act identified in subsection (b) in order
to carry out evaluations of any of the programs or activities that are funded
under such accounts. Any funds reserved under this section shall be transferred
to ``Departmental Management'' for use by the Office of the Chief Evaluation
Officer within the Department of Labor, and shall be available for obligation
through September 30, 2025: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a plan to the
Committees on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for Older
Americans'', ``State Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of Workers' Compensation
Programs'', ``Wage and Hour Division'', ``Office of Federal Contract Compliance
Programs'', ``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'', ``Office of
Disability Employment Policy'', funding made available to the ``Bureau of
International Labor Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
207) shall be applied as if the following text is part of such section:
``(s)(1) The provisions of this section shall not apply for a period of 2
years after the occurrence of a major disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from or
relating to such major disaster, by an employer not engaged, directly or
through an affiliate, in underwriting, selling, or marketing property,
casualty, or liability insurance policies or contracts;
``(B) who receives from such employer on average weekly compensation
of not less than $591.00 per week or any minimum weekly amount
established by the Secretary, whichever is greater, for the number of
weeks such employee is engaged in any of the activities described in
subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability or
value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the exemption
provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or catastrophe
declared or designated by any State or Federal agency or department;
``(B) the term `employee employed to adjust or evaluate claims
resulting from or relating to such major disaster' means an individual
who timely secured or secures a license required by applicable law to
engage in and perform the activities described in clauses (i) through
(v) of paragraph (1)(C) relating to a major disaster, and is employed by
an employer that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and payroll taxes
from the wages, salaries and any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason of
ownership or control of 25 percent or more of the outstanding shares of
any class of voting securities of one or more companies, directly or
indirectly, controls, is controlled by, or is under common control with,
another company.''.
(b) This section shall be effective on the date of enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B Nonimmigrants
Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for H-2B
nonimmigrants filed by an employer in the seafood industry is granted,
the employer may bring the nonimmigrants described in the petition into
the United States at any time during the 120-day period beginning on the
start date for which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer in the
seafood industry may not bring H-2B nonimmigrants into the United States
after the date that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants unless the
employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2
separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of
need.
(3) Exemption from rules with respect to staggering.--The Secretary
of Labor shall not consider an employer in the seafood industry who
brings H-2B nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the date of need in
violation of section 655.20(d) of title 20, Code of Federal Regulations,
or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to section
101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of the H-2B
program shall be the greater of--(1) the actual wage level paid by the employer
to other employees with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for the occupational
classification of the position in the geographic area in which the H-2B
nonimmigrant will be employed, based on the best information available at the
time of filing the petition. In the determination of prevailing wage for the
purposes of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data are
available unless the Secretary determines that the methodology and data in the
provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce the
definition of corresponding employment found in 20 CFR 655.5 or the three-
fourths guarantee rule definition found in 20 CFR 655.20, or any references
thereto. Further, for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need shall be that provided
in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the Secretary may
furnish through grants, cooperative agreements, contracts, and other
arrangements, up to $2,000,000 of excess personal property, at a value
determined by the Secretary, to apprenticeship programs for the purpose of
training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of Labor'',
approved March 4, 1913 (37 Stat. 736, chapter 141) shall be applied as if the
following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ law
enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during the
workday of the Secretary and during any activity that is preliminary or
postliminary to the performance of official duties by the Secretary;
``(2) provide protection, incidental to the protection provided to
the Secretary, to a member of the immediate family of the Secretary who
is participating in an activity or event relating to the official duties
of the Secretary;
``(3) provide continuous protection to the Secretary (including
during periods not described in paragraph (1)) and to the members of the
immediate family of the Secretary if there is a unique and articulable
threat of physical harm, in accordance with guidelines established by
the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or another
senior officer representing the Secretary of Labor at a public event if
there is a unique and articulable threat of physical harm, in accordance
with guidelines established by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law enforcement
officer or special agent employed under subsection (a), for the purpose of
performing the duties authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against the
United States committed in the presence of such officer or special
agent;
``(3) perform protective intelligence work, including identifying
and mitigating potential threats and conducting advance work to review
security matters relating to sites and events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with the
Inspector General of the Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or special
agent employed under subsection (a) shall exercise any authority provided under
this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by any means
the Secretary determines appropriate, including an agreement or partnership to
construct a new Job Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center and the Gary Job Corps Center are situated.
Any sale or other disposition, to include any associated construction project,
will not be subject to any requirement of any Federal law or regulation relating
to the disposition of Federal real property or relating to Federal procurement,
including but not limited to subchapter III of chapter 5 of title 40 of the
United States Code, subchapter V of chapter 119 of title 42 of the United States
Code, and chapter 33 of division C of subtitle I of title 41 of the United
States Code. The net proceeds of such a sale shall be transferred to the
Secretary, which shall be available until expended for such project to carry out
the Job Corps Program on Treasure Island and the Job Corps Program in and around
San Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may be used to--
(1) alter or terminate the Interagency Agreement between the United
States Department of Labor and the United States Department of
Agriculture; or
(2) close any of the Civilian Conservation Centers, except if such
closure is necessary to prevent the endangerment of the health and
safety of the students, the capacity of the program is retained, and the
requirements of section 159(j) of the WIOA are met.
(rescission)
Sec. 116. Of the unobligated funds available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), $206,000,000 are hereby
permanently rescinded not later than September 30, 2024.
(rescission)
Sec. 117. Of the funds made available under the heading ``Employment and
Training Administration-Training and Employment Services'' in division H of
Public Law 117-328, $75,000,000 are hereby permanently rescinded from the
amounts specified in paragraph (2)(A) under such heading for the period October
1, 2023, through September 30, 2024.
Sec. 118. In the table entitled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement for division H of Public Law
117-328 described in section 4 in the matter preceding division A of such Public
Law, the item relating to ``Society for the Advancement of Chicanos/Hispanics
and Native Americans in Science, San Jose, CA to create a pipeline from
community colleges into the STEM workforce'' is deemed to be amended by striking
``Society for the Advancement of Chicanos/Hispanics and Native Americans in
Science'' and inserting ``San Jose State University Research Foundation''.
Sec. 119. Funds previously made available to the Department of Labor in the
Consolidated Appropriations Act, 2016 (Public Law 114-113) in paragraph (2)
under the heading ``Department of Labor--Employment and Training
Administration--Job Corps'' that were obligated for the construction of the
Atlanta Job Corps center in Georgia and that were available for initial
obligation through June 30, 2019, are to remain available through fiscal year
2029 for the liquidation of valid obligations incurred from July 1, 2016 through
June 30, 2021.
This title may be cited as the ``Department of Labor Appropriations Act,
2024''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary health care
and the Native Hawaiian Health Care Act of 1988, $1,858,772,000: Provided, That
no more than $1,000,000 shall be available until expended for carrying out the
provisions of section 224(o) of the PHS Act: Provided further, That no more
than $120,000,000 shall be available until expended for carrying out subsections
(g) through (n) and (q) of section 224 of the PHS Act, and for expenses incurred
by the Department of Health and Human Services (referred to in this Act as
``HHS'') pertaining to administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with respect to
the health workforce, sections 1128E and 1921 of the Social Security Act, and
the Health Care Quality Improvement Act of 1986, $1,404,376,000: Provided, That
section 751(j)(2) of the PHS Act and the proportional funding amounts in
paragraphs (1) through (4) of section 756(f) of the PHS Act shall not apply to
funds made available under this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before January 1, 2009, the
Secretary of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant
under such section: Provided further, That section 756(c) of the PHS Act shall
apply to paragraphs (1) through (4) of section 756(a) of such Act: Provided
further, That no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover
the full costs of operating the programs authorized by such sections and shall
remain available until expended for the National Practitioner Data Bank:
Provided further, That funds transferred to this account to carry out section
846 and subpart 3 of part D of title III of the PHS Act may be used to make
prior year adjustments to awards made under such section and subpart: Provided
further, That $128,600,000 shall remain available until expended for the
purposes of providing primary health services, assigning National Health Service
Corps (``NHSC'') participants to expand the delivery of substance use disorder
treatment services, notwithstanding the assignment priorities and limitations
under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and
making payments under the NHSC Loan Repayment Program under section 338B of such
Act: Provided further, That, within the amount made available in the previous
proviso, $16,000,000 shall remain available until expended for the purposes of
making payments under the NHSC Loan Repayment Program under section 338B of the
PHS Act to individuals participating in such program who provide primary health
services in Indian Health Service facilities, Tribally-Operated 638 Health
Programs, and Urban Indian Health Programs (as those terms are defined by the
Secretary), notwithstanding the assignment priorities and limitations under
section 333(b) of such Act: Provided further, That for purposes of the previous
two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if the
term ``primary health services'' includes clinical substance use disorder
treatment services, including those provided by masters level, licensed
substance use disorder treatment counselors: Provided further, That of the
funds made available under this heading, $6,000,000 shall be available to make
grants to establish, expand, or maintain optional community-based nurse
practitioner fellowship programs that are accredited or in the accreditation
process, with a preference for those in Federally Qualified Health Centers, for
practicing postgraduate nurse practitioners in primary care or behavioral
health: Provided further, That of the funds made available under this heading,
$10,000,000 shall remain available until expended for activities under section
775 of the PHS Act: Provided further, That the United States may recover
liquidated damages in an amount determined by the formula under section
338E(c)(1) of the PHS Act if an individual either fails to begin or complete the
service obligated by a contract under section 775(b) of the PHS Act: Provided
further, That for purposes of section 775(c)(1) of the PHS Act, the Secretary
may include other mental and behavioral health disciplines as the Secretary
deems appropriate: Provided further, That the Secretary may terminate a
contract entered into under section 775 of the PHS Act in the same manner
articulated in section 206 of this title for fiscal year 2024 contracts entered
into under section 338B of the PHS Act.
Of the funds made available under this heading, $60,000,000 shall remain
available until expended for grants to public institutions of higher education
to expand or support graduate education for physicians provided by such
institutions, including funding for infrastructure development, maintenance,
equipment, and minor renovations or alterations: Provided, That, in awarding
such grants, the Secretary shall give priority to public institutions of higher
education located in States with a projected primary care provider shortage, as
determined by the Secretary: Provided further, That grants so awarded are
limited to such public institutions of higher education in States in the top
quintile of States with a projected primary care provider shortage, as
determined by the Secretary: Provided further, That the minimum amount of a
grant so awarded to such an institution shall be not less than $1,000,000 per
year: Provided further, That such a grant may be awarded for a period not to
exceed 5 years: Provided further, That such a grant awarded with respect to a
year to such an institution shall be subject to a matching requirement of non-
Federal funds in an amount that is not more than 10 percent of the total amount
of Federal funds provided in the grant to such institution with respect to such
year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to
maternal and child health and title V of the Social Security Act,
$1,170,430,000: Provided, That notwithstanding sections 502(a)(1) and 502(b)(1)
of the Social Security Act, not more than $210,116,000 shall be available for
carrying out special projects of regional and national significance pursuant to
section 501(a)(2) of such Act and $10,276,000 shall be available for projects
described in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan White
HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall remain available
to the Secretary through September 30, 2026, for parts A and B of title XXVI of
the PHS Act, and of which not less than $900,313,000 shall be for State AIDS
Drug Assistance Programs under the authority of section 2616 or 311(c) of such
Act; and of which $165,000,000, to remain available until expended, shall be
available to the Secretary for carrying out a program of grants and contracts
under title XXVI or section 311(c) of such Act focused on ending the nationwide
HIV/AIDS epidemic, with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the limitation on
administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with respect to health
care systems, and the Stem Cell Therapeutic and Research Act of 2005,
$122,009,000, of which $122,000 shall be available until expended for facility
renovations and other facilities-related expenses of the National Hansen's
Disease Program.
rural health
For carrying out titles III and IV of the PHS Act with respect to rural
health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969,
and sections 711 and 1820 of the Social Security Act, $364,607,000, of which
$64,277,000 from general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made available under
this heading for Medicare rural hospital flexibility grants, up to $20,942,000
shall be available for the Small Rural Hospital Improvement Grant Program for
quality improvement and adoption of health information technology, no less than
$5,000,000 shall be available to award grants to public or non-profit private
entities for the Rural Emergency Hospital Technical Assistance Program, and up
to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security
Act, with funds provided for grants under section 1820(g)(6) available for the
purchase and implementation of telehealth services and other efforts to improve
health care coordination for rural veterans between rural providers and the
Department of Veterans Affairs: Provided further, That notwithstanding section
338J(k) of the PHS Act, $12,500,000 shall be available for State Offices of
Rural Health: Provided further, That $12,700,000 shall remain available through
September 30, 2026, to support the Rural Residency Development Program:
Provided further, That $145,000,000 shall be for the Rural Communities Opioids
Response Program.
family planning
For carrying out the program under title X of the PHS Act to provide for
voluntary family planning projects, $286,479,000: Provided, That amounts
provided to said projects under such title shall not be expended for abortions,
that all pregnancy counseling shall be nondirective, and that such amounts shall
not be expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act and for cross-
cutting activities and program support for activities funded in other
appropriations included in this Act for the Health Resources and Services
Administration, $1,110,376,000, of which $42,050,000 shall be for expenses
necessary for the Office for the Advancement of Telehealth, including grants,
contracts, and cooperative agreements for the advancement of telehealth
activities: Provided, That funds made available under this heading may be used
to supplement program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child Health'', ``Ryan White
HIV/AIDS Program'', ``Health Systems'', and ``Rural Health'': Provided further,
That of the amount made available under this heading, $890,788,000 shall be used
for the projects financing the construction and renovation (including equipment)
of health care and other facilities, and for the projects financing one-time
grants that support health-related activities, including training and
information technology, and in the amounts specified in the table titled
``Community Project Funding/Congressionally Directed Spending'' included for
this division in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding proviso shall
be subject to section 241 of the PHS Act or section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund (the
``Trust Fund''), such sums as may be necessary for claims associated with
vaccine-related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to
remain available until expended: Provided, That for necessary administrative
expenses, not to exceed $15,200,000 shall be available from the Trust Fund to
the Secretary.
covered countermeasures process fund
For carrying out section 319F-4 of the PHS Act, $7,000,000, to remain
available until expended.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS
Act, and titles II and IV of the Immigration and Nationality Act, with respect
to immunization and respiratory diseases, $237,358,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and tuberculosis
prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect
to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis
prevention, $1,391,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the PHS Act,
and titles II and IV of the Immigration and Nationality Act, with respect to
emerging and zoonotic infectious diseases, $708,272,000: Provided, That of the
amounts made available under this heading, up to $1,000,000 shall remain
available until expended to pay for the transportation, medical care, treatment,
and other related costs of persons quarantined or isolated under Federal or
State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with
respect to chronic disease prevention and health promotion, $1,192,647,000:
Provided, That funds made available under this heading may be available for
making grants under section 1509 of the PHS Act for not less than 21 States,
tribes, or tribal organizations: Provided further, That the proportional
funding requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with respect to
birth defects, developmental disabilities, disabilities and health,
$206,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with respect to
health statistics, surveillance, health informatics, and workforce development,
$711,553,000: Provided, That in addition to amounts provided herein,
$42,944,000 shall be from funds available under section 241 of the PHS Act for
health statistics.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with respect to
environmental health, $191,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with respect to
injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102,
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act,
section 13 of the Mine Improvement and New Emergency Response Act, and sections
20, 21, and 22 of the Occupational Safety and Health Act, with respect to
occupational safety and health, $362,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees Occupational
Illness Compensation Program Act, $55,358,000, to remain available until
expended: Provided, That this amount shall be available consistent with the
provision regarding administrative expenses in section 151(b) of division B,
title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with respect to
global health, $692,843,000, of which: (1) $128,921,000 shall remain available
through September 30, 2025 for international HIV/AIDS; and (2) $293,200,000
shall remain available through September 30, 2026 for global public health
protection: Provided, That funds may be used for purchase and insurance of
official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, XVII, and XXVIII of the PHS Act with
respect to public health preparedness and response, and for expenses necessary
to support activities related to countering potential biological, nuclear,
radiological, and chemical threats to civilian populations, $938,200,000:
Provided, That the Director of the Centers for Disease Control and Prevention
(referred to in this title as ``CDC'') or the Administrator of the Agency for
Toxic Substances and Disease Registry may detail staff without reimbursement to
support an activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate within 15 days of
the use of this authority, a full report within 30 days after use of this
authority which includes the number of staff and funding level broken down by
the originating center and number of days detailed, and an update of such report
every 180 days until staff are no longer on detail without reimbursement to the
CDC Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction, installation,
demolition, and renovation of facilities, $40,000,000, which shall remain
available until expended: Provided, That funds made available to this account
in this or any prior Act that are available for the acquisition of real property
or for construction or improvement of facilities shall be available to make
improvements on non-federally owned property, provided that any improvements
that are not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided further,
That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a replacement mine
safety research facility: Provided further, That funds made available to this
account in this or any prior Act that are available for the acquisition of real
property or for construction or improvement of facilities in conjunction with
the new replacement mine safety research facility shall be available to make
improvements on non-federally owned property, provided that any improvements
that are not adjacent to federally owned property do not exceed $5,000,000:
Provided further, That in addition, the prior year unobligated balance of any
amounts assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the amounts
made available under this heading to support the replacement of the mine safety
research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS
Act and for cross-cutting activities and program support for activities funded
in other appropriations included in this Act for the Centers for Disease Control
and Prevention, $503,570,000, of which $350,000,000 shall remain available
through September 30, 2025, for public health infrastructure and capacity:
Provided, That paragraphs (1) through (3) of subsection (b) of section 2821 of
the PHS Act shall not apply to funds appropriated under this heading and in all
other accounts of the CDC: Provided further, That of the amounts made available
under this heading, $25,000,000, to remain available until expended, shall be
available to the Director of the CDC for deposit in the Infectious Diseases
Rapid Response Reserve Fund established by section 231 of division B of Public
Law 115-245: Provided further, That funds appropriated under this heading may
be used to support a contract for the operation and maintenance of an aircraft
in direct support of activities throughout CDC to ensure the agency is prepared
to address public health preparedness emergencies: Provided further, That
employees of CDC or the Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other organizations under
authority of section 214 of the PHS Act, or in overseas assignments, shall be
treated as non-Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act for official
reception and representation expenses when specifically approved by the Director
of CDC: Provided further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the appropriation charged with
the cost thereof: Provided further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30, 2025.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with respect to
cancer, $7,224,159,000, of which up to $30,000,000 may be used for facilities
repairs and improvements at the National Cancer Institute--Frederick Federally
Funded Research and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with respect to
cardiovascular, lung, and blood diseases, and blood and blood products,
$3,982,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with respect to
dental and craniofacial diseases, $520,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with respect to
diabetes and digestive and kidney disease, $2,310,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with respect to
neurological disorders and stroke, $2,603,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with respect to
allergy and infectious diseases, $6,562,279,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with respect to
general medical sciences, $3,244,679,000, of which $1,412,482,000 shall be from
funds available under section 241 of the PHS Act: Provided, That not less than
$430,956,000 is provided for the Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human development
For carrying out section 301 and title IV of the PHS Act with respect to
child health and human development, $1,759,078,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with respect to eye
diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with respect to
environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with respect to
aging, $4,507,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with respect to
arthritis and musculoskeletal and skin diseases, $685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with respect to
deafness and other communication disorders, $534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with respect to
nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with respect to
alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with respect to
drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with respect to
mental health, $2,187,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with respect to
human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with respect to
biomedical imaging and bioengineering research, $440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with respect to
complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with respect to
minority health and health disparities research, $534,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International Center
(described in subpart 2 of part E of title IV of the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with respect to
health information communications, $497,548,000: Provided, That of the amounts
available for improvement of information systems, $4,000,000 shall be available
until September 30, 2025: Provided further, That in fiscal year 2024, the
National Library of Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with respect to
translational sciences, $928,323,000: Provided, That $75,000,000 shall be
available to implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least $629,560,000 is provided
to the Clinical and Translational Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director, NIH,
$2,592,914,000: Provided, That funding shall be available for the purchase of
not to exceed 29 passenger motor vehicles for replacement only: Provided
further, That all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which they are deposited:
Provided further, That $180,000,000 shall be for the Environmental Influences
on Child Health Outcomes study: Provided further, That $672,401,000 shall be
available for the Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000 shall be for
official reception and representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of AIDS Research within
the Office of the Director of the NIH may spend up to $8,000,000 to make grants
for construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That $80,000,000 shall be used
to carry out section 404I of the PHS Act (42 U.S.C. 283k), relating to
biomedical and behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs and operations
of the NIH, including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in addition to
funds otherwise made available for oversight of the NIH: Provided further, That
amounts made available under this heading are also available to establish,
operate, and support the Research Policy Board authorized by section 2034(f) of
the 21st Century Cures Act: Provided further, That the funds made available
under this heading for the Office of Research on Women's Health shall also be
available for making grants to serve and promote the interests of women in
research, and the Director of such Office may, in making such grants, use the
authorities available to NIH Institutes and Centers.
In addition to other funds appropriated for the Common Fund established
under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common
Fund from the 10-year Pediatric Research Initiative Fund described in section
9008 of the Internal Revenue Code of 1986 (26 U.S.C. 9008), for the purpose of
carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research), as authorized in the Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including the
acquisition of real property, $350,000,000, to remain available until expended.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in section
1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for
such purposes in the appropriations provided to the NIH in this Act,
$407,000,000, to remain available until expended: Provided, That such amounts
are appropriated pursuant to section 1001(b)(3) of such Act, are to be derived
from amounts transferred under section 1001(b)(2)(A) of such Act, and may be
transferred by the Director of the National Institutes of Health to other
accounts of the National Institutes of Health solely for the purposes provided
in such Act: Provided further, That upon a determination by the Director that
funds transferred pursuant to the previous proviso are not necessary for the
purposes provided, such amounts may be transferred back to the Account:
Provided further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided by law.
advanced research projects agency for health
For carrying out section 301 and part J of title IV of the PHS Act with
respect to advanced research projects for health, $1,500,000,000, to remain
available through September 30, 2026.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect to
mental health, the Protection and Advocacy for Individuals with Mental Illness
Act, and the SUPPORT for Patients and Communities Act, $2,775,507,000:
Provided, That of the funds made available under this heading, $98,887,000 shall
be for the National Child Traumatic Stress Initiative: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for
carrying out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to carry out
subpart I of part B of title XIX of the PHS Act to fund section 1920(b)
technical assistance, national data, data collection and evaluation activities,
and further that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts appropriated for subpart I
of part B of title XIX: Provided further, That of the funds made available
under this heading for subpart I of part B of title XIX of the PHS Act, at least
5 percent shall be available to support evidence-based crisis systems: Provided
further, That up to 10 percent of the amounts made available to carry out the
Children's Mental Health Services program may be used to carry out demonstration
grants or contracts for early interventions with persons not more than 25 years
of age at clinical high risk of developing a first episode of psychosis:
Provided further, That section 520E(b)(2) of the PHS Act shall not apply to
funds appropriated in this Act for fiscal year 2024: Provided further, That
$385,000,000 shall be available until September 30, 2026 for grants to
communities and community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a) of Public Law
113-93: Provided further, That none of the funds provided for section 1911 of
the PHS Act shall be subject to section 241 of such Act: Provided further, That
of the funds made available under this heading, $21,420,000 shall be to carry
out section 224 of the Protecting Access to Medicare Act of 2014 (Public Law
113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to substance
abuse treatment and title XIX of such Act with respect to substance abuse
treatment and prevention, section 1003 of the 21st Century Cures Act, and the
SUPPORT for Patients and Communities Act, $4,078,098,000: Provided, That
$1,575,000,000 shall be for carrying out section 1003 of the 21st Century Cures
Act: Provided further, That of such amount in the preceding proviso not less
than 4 percent shall be made available to Indian Tribes or tribal organizations:
Provided further, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for section
1935(b) activities shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to evaluate substance
abuse treatment programs: Provided further, That none of the funds provided for
section 1921 of the PHS Act or State Opioid Response Grants shall be subject to
section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to substance
abuse prevention, $236,879,000.
health surveillance and program support
For program support and cross-cutting activities that supplement activities
funded under the headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention'' in carrying out titles III, V, and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental Illness Act in
the Substance Abuse and Mental Health Services Administration, $210,245,000:
Provided, That of the amount made available under this heading, $72,090,000
shall be used for the projects, and in the amounts, specified in the table
titled ``Community Project Funding/Congressionally Directed Spending'' included
for this division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this Act:
Provided further, That in addition to amounts provided herein, $31,428,000 shall
be available under section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be collected for the
costs of publications, data, data tabulations, and data analysis completed under
title V of the PHS Act and provided to a public or private entity upon request,
which shall be credited to this appropriation and shall remain available until
expended for such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2025: Provided further, That funds made available under
this heading (other than amounts specified in the first proviso under this
heading) may be used to supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title XI of the
Social Security Act, and section 1013 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003, $369,000,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year 2024: Provided
further, That in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until September 30,
2025.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of the
Social Security Act, $406,956,850,000, to remain available until expended.
In addition, for carrying out such titles after May 31, 2024, for the last
quarter of fiscal year 2024 for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary, to remain available until expended.
In addition, for carrying out such titles for the first quarter of fiscal
year 2025, $245,580,414,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with respect to a
State plan or plan amendment in effect during such quarter, if submitted in or
prior to such quarter and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as provided under sections 217(g),
1844, and 1860D-16 of the Social Security Act, sections 103(c) and 111(d) of the
Social Security Amendments of 1965, section 278(d)(3) of Public Law 97-248, and
for administrative expenses incurred pursuant to section 201(g) of the Social
Security Act, $476,725,000,000.
In addition, for making matching payments under section 1844 and benefit
payments under section 1860D-16 of the Social Security Act that were not
anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and
XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the
Clinical Laboratory Improvement Amendments of 1988, and other responsibilities
of the Centers for Medicare & Medicaid Services, not to exceed $3,669,744,000 to
be transferred from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of
the Social Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act,
funds retained by the Secretary pursuant to section 1893(h) of the Social
Security Act, and such sums as may be collected from authorized user fees and
the sale of data, which shall be credited to this account and remain available
until expended: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS Act shall be
credited to and available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in fiscal year
2024 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That of the amount made available under this heading,
$397,334,000 shall remain available until September 30, 2025, and shall be
available for the Survey and Certification Program: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act) shall not
exceed the amount specifically provided for such purpose under this heading in
division H of the Consolidated Appropriations Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and program
management, $915,000,000, to remain available through September 30, 2025, to be
transferred from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of
the Social Security Act, of which $675,058,000 shall be for the Centers for
Medicare & Medicaid Services program integrity activities, of which $107,735,000
shall be for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, and of which $132,207,000 shall be for the Department of Justice to
carry out fraud and abuse activities authorized by section 1817(k)(3) of such
Act: Provided, That the report required by section 1817(k)(5) of the Social
Security Act for fiscal year 2024 shall include measures of the operational
efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided further,
That of the amount provided under this heading, $311,000,000 is provided to meet
the terms of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, and $604,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(C) of such Act for additional health
care fraud and abuse control activities: Provided further, That the Secretary
shall provide not less than $35,000,000 from amounts made available under this
heading and amounts made available for fiscal year 2024 under section
1817(k)(3)(A) of the Social Security Act for the Senior Medicare Patrol program
to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support programs
For carrying out, except as otherwise provided, titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960, $3,309,000,000,
to remain available until expended; and for such purposes for the first quarter
of fiscal year 2025, $1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social Security
Act and the Act of July 5, 1960, for the last 3 months of the current fiscal
year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.),
$4,025,000,000: Provided, That notwithstanding section 2609A(a) of such Act,
not more than $9,600,000 may be reserved by the Secretary for technical
assistance, training, and monitoring of program activities for compliance with
internal controls, policies and procedures, and to supplement funding otherwise
available for necessary administrative expenses to carry out such Act, and the
Secretary may, in addition to the authorities provided in section 2609A(a)(1),
use such funds through contracts with private entities that do not qualify as
nonprofit organizations: Provided further, That all but $897,348,000 of the
amount appropriated under this heading shall be allocated as though the total
appropriation for such payments for fiscal year 2024 was less than
$1,975,000,000: Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous proviso, each State or
territory that would otherwise receive an allocation that is less than 97
percent of the amount that it received under this heading for fiscal year 2023
from amounts appropriated in both division H and in the second paragraph under
this heading in title VIII of division N of Public Law 117-328 shall have its
allocation increased to that 97 percent level, with the portions of other
States' and territories' allocations that would exceed 100 percent of the
amounts they respectively received in such fashion for fiscal year 2023 being
ratably reduced.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and section 501
of the Refugee Education Assistance Act of 1980, and for carrying out section
462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking
Victims Protection Act of 2000 (``TVPA''), and the Torture Victims Relief Act of
1998, $6,327,214,000, of which $6,277,459,000 shall remain available through
September 30, 2026 for carrying out such sections 414, 501, 462, and 235:
Provided, That amounts available under this heading to carry out the TVPA shall
also be available for research and evaluation with respect to activities under
such Act: Provided further, That the limitation in section 205 of this Act
regarding transfers increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``15 percent'' for ``3
percent'': Provided further, That the contribution of funds requirement under
section 235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 shall not apply to funds made available
under this heading: Provided further, That for any month in fiscal year 2024
that the number of unaccompanied children referred to the Department of Health
and Human Services pursuant to section 462 of the Homeland Security Act of 2002
and section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 exceeds 16,000, as determined by the Secretary of
Health and Human Services, an additional $15,000,000, to remain available until
September 30, 2025, shall be made available for obligation for every 500
unaccompanied children above that level (including a pro rata amount for any
increment less than 500), for carrying out such sections 462 and 235: Provided
further, That if less than $65,000,000 has been made available pursuant to the
preceding proviso as of September 15, 2024, then the difference between
$65,000,000 and the amount made available pursuant to such proviso shall become
available, and shall remain available until September 30, 2026, for carrying out
such sections 462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of 1990
(``CCDBG Act''), $8,746,387,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income families:
Provided, That technical assistance under section 658I(a)(3) of such Act may be
provided directly, or through the use of contracts, grants, cooperative
agreements, or interagency agreements: Provided further, That all funds made
available to carry out section 418 of the Social Security Act (42 U.S.C. 618),
including funds appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds authority in
paragraphs (4) and (5) of section 658O(a) of the CCDBG Act: Provided further,
That in addition to the amounts required to be reserved by the Secretary under
section 658O(a)(2)(A) of such Act, $236,152,000 shall be for Indian tribes and
tribal organizations: Provided further, That of the amounts made available
under this heading, the Secretary may reserve up to 0.5 percent for Federal
administrative expenses.
social services block grant
For making grants to States pursuant to section 2002 of the Social Security
Act, $1,700,000,000: Provided, That notwithstanding subparagraph (B) of section
404(d)(2) of such Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-A of such Act shall
be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and Homeless
Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse
Prevention and Treatment Act, sections 303 and 313 of the Family Violence
Prevention and Services Act, the Native American Programs Act of 1974, title II
of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), part B-1 of title IV and sections 429, 473A, 477(i),
1110, 1114A, and 1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act,
the Act of July 5, 1960, and the Low-Income Home Energy Assistance Act of 1981,
$14,829,100,000, of which $75,000,000, to remain available through September 30,
2025, shall be for grants to States for adoption and legal guardianship
incentive payments, as defined by section 473A of the Social Security Act and
may be made for adoptions and legal guardianships completed before September 30,
2024: Provided, That $12,271,820,000 shall be for making payments under the
Head Start Act, including for Early Head Start-Child Care Partnerships, and, of
which, notwithstanding section 640 of such Act:
(1) $275,000,000 shall be available for a cost of living adjustment,
and with respect to any continuing appropriations act, funding available
for a cost of living adjustment shall not be construed as an authority
or condition under this Act;
(2) $25,000,000 shall be available for allocation by the Secretary
to supplement activities described in paragraphs (7)(B) and (9) of
section 641(c) of the Head Start Act under the Designation Renewal
System, established under the authority of sections 641(c)(7),
645A(b)(12), and 645A(d) of such Act, and such funds shall not be
included in the calculation of ``base grant'' in subsequent fiscal
years, as such term is used in section 640(a)(7)(A) of such Act;
(3) $8,000,000 shall be available for the Tribal Colleges and
Universities Head Start Partnership Program consistent with section
648(g) of such Act; and
(4) $21,000,000 shall be available to supplement funding otherwise
available for research, evaluation, and Federal administrative costs:
Provided further, That the Secretary may reduce the reservation of funds under
section 640(a)(2)(C) of such Act in lieu of reducing the reservation of funds
under sections 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $315,000,000 shall be available until December 31, 2024
for carrying out sections 9212 and 9213 of the Every Student Succeeds Act:
Provided further, That up to 3 percent of the funds in the preceding proviso
shall be available for technical assistance and evaluation related to grants
awarded under such section 9212: Provided further, That $804,383,000 shall be
for making payments under the CSBG Act: Provided further, That for services
furnished under the CSBG Act with funds made available for such purpose in this
fiscal year and in fiscal year 2023, States may apply the last sentence of
section 673(2) of the CSBG Act by substituting ``200 percent'' for ``125
percent'': Provided further, That $34,383,000 shall be for section 680 of the
CSBG Act, of which not less than $22,383,000 shall be for section 680(a)(2) and
not less than $12,000,000 shall be for section 680(a)(3)(B) of such Act:
Provided further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to
the extent Community Services Block Grant funds are distributed as grant funds
by a State to an eligible entity as provided under such Act, and have not been
expended by such entity, they shall remain with such entity for carryover into
the next fiscal year for expenditure by such entity consistent with program
purposes: Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible assets and program income that permit
such assets acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That intangible assets in the form of loans, equity
investments and other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section 680(a)(2)(A) of the
CSBG Act: Provided further, That these procedures shall apply to such grant
funds made available after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be available for
financing construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations: Provided
further, That $240,000,000 shall be for carrying out section 303(a) of the
Family Violence Prevention and Services Act, of which $7,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for carrying out section
309 of such Act: Provided further, That the percentages specified in section
112(a)(2) of the Child Abuse Prevention and Treatment Act shall not apply to
funds appropriated under this heading: Provided further, That $1,864,000 shall
be for a human services case management system for federally declared disasters,
to include a comprehensive national case management contract and Federal costs
of administering the system: Provided further, That up to $2,000,000 shall be
for improving the Public Assistance Reporting Information System, including
grants to States to support data collection for a study of the system's
effectiveness: Provided further, That $40,011,000 shall be used for the
projects, and in the amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That none of the funds made
available for projects described in the preceding proviso shall be subject to
section 241 of the PHS Act or section 205 of this Act.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the Social
Security Act, $345,000,000 and, for carrying out, except as otherwise provided,
section 437 of such Act, $72,515,000: Provided, That of the funds available to
carry out section 437, $59,765,000 shall be allocated consistent with
subsections (b) through (d) of such section: Provided further, That of the
funds available to carry out section 437, to assist in meeting the requirements
described in section 471(e)(4)(C), $10,000,000 shall be for grants to each
State, territory, and Indian tribe operating title IV-E plans for developing,
enhancing, or evaluating kinship navigator programs, as described in section
427(a)(1) of such Act and $2,750,000, in addition to funds otherwise
appropriated in section 476 for such purposes, shall be for the Family First
Clearinghouse and to support evaluation and technical assistance relating to the
evaluation of child and family services: Provided further, That section
437(b)(1) shall be applied to amounts in the previous proviso by substituting
``5 percent'' for ``3.3 percent'', and notwithstanding section 436(b)(1), such
reserved amounts may be used for identifying, establishing, and disseminating
practices to meet the criteria specified in section 471(e)(4)(C): Provided
further, That the reservation in section 437(b)(2) and the limitations in
section 437(d) shall not apply to funds specified in the second proviso:
Provided further, That the minimum grant award for kinship navigator programs in
the case of States and territories shall be $200,000, and, in the case of
tribes, shall be $25,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the Social
Security Act, $8,594,000,000.
For carrying out, except as otherwise provided, title IV-E of the Social
Security Act, for the first quarter of fiscal year 2025, $3,400,000,000.
For carrying out, after May 31 of the current fiscal year, except as
otherwise provided, section 474 of title IV-E of the Social Security Act, for
the last 3 months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older Americans
Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the Supporting
Grandparents Raising Grandchildren Act, titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the Medicare Improvements
for Patients and Providers Act of 2008, title XX-B of the Social Security Act,
the Developmental Disabilities Assistance and Bill of Rights Act of 2000, parts
2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the
Assistive Technology Act of 1998, titles II and VII (and section 14 with respect
to such titles) of the Rehabilitation Act of 1973, and for Department-wide
coordination of policy and program activities that assist individuals with
disabilities, $2,465,100,000, together with $55,242,000 to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus Budget
Reconciliation Act of 1990: Provided, That of amounts made available under this
heading to carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing evidence-based
practices for enhancing senior nutrition, including medically-tailored meals:
Provided further, That notwithstanding any other provision of this Act, funds
made available under this heading to carry out section 311 of the OAA may be
transferred to the Secretary of Agriculture in accordance with such section:
Provided further, That up to 5 percent of the funds provided for adult
protective services grants under section 2042 of title XX of the Social Security
Act may be used to make grants to Tribes and tribal organizations: Provided
further, That $2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive technology
devices, such as a low-interest loan fund; an interest buy-down program; a
revolving loan fund; a loan guarantee; or an insurance program: Provided
further, That applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing program will expand
and emphasize consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are directed by and
operated for individuals with disabilities shall be eligible to compete:
Provided further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to continue
to pursue any legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental disability (as defined
in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill
of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that has as
the requested remedy the closure of State operated intermediate care facilities
for people with intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such individuals (or, in the
case of mental incapacitation, the legal guardians who have been specifically
awarded authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such legal
guardians) of their legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not apply in the case of
an individual who is neither competent to consent nor has a legal guardian, nor
shall the proviso apply in the case of individuals who are a ward of the State
or subject to public guardianship: Provided further, That of the amount made
available under this heading, $29,268,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That none of the funds made
available for projects described in the preceding proviso shall be subject to
section 241 of the PHS Act or section 205 of this Act.
Administration for Strategic Preparedness and Response
research, development, and procurement
For carrying out title III and subtitles A and B of title XXVIII of the PHS
Act, with respect to the research, development, storage, production, and
procurement of medical countermeasures to counter potential chemical,
biological, radiological, and nuclear threats to civilian populations,
$3,135,000,000: Provided, That of such amount:
(1) $1,015,000,000, to remain available through September 30, 2025,
shall be for expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority;
(2) $825,000,000, to remain available until expended, shall be for
expenses necessary for procuring security countermeasures (as defined in
section 319F-2(c)(1)(B) of the PHS Act);
(3) $980,000,000, to remain available until expended, shall be for
expenses necessary to carry out section 319F-2(a) of the PHS Act; and
(4) $315,000,000 shall be for expenses necessary to prepare for or
respond to an influenza pandemic, of which $280,000,000 shall remain
available until expended for activities including the development and
purchase of vaccines, antivirals, necessary medical supplies,
diagnostics, and surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds allocated under this paragraph may
be used for the construction or renovation of privately owned facilities
for the production of pandemic influenza vaccines and other biologics,
if the Secretary finds such construction or renovation necessary to
secure sufficient supplies of such vaccines or biologics:
Provided further, That funds provided under this heading for purposes of
acquisition of security countermeasures shall be in addition to any other funds
made available for such purposes: Provided further, That products purchased
with funds made available under this heading may, at the discretion of the
Secretary, be deposited in the Strategic National Stockpile pursuant to section
319F-2 of the PHS Act.
operations, preparedness, and emergency response
For carrying out titles III, XII, and subtitles A and B of title XXVIII of
the PHS Act, operations and emergency response activities related to countering
potential chemical, biological, radiological, and nuclear threats and other
public health emergencies, $499,606,000: Provided, That of the amounts made
available under this heading, $5,000,000 shall remain available through
September 30, 2026, to support emergency operations: Provided further, That of
the amounts made available under this heading, $15,000,000 shall remain
available through September 30, 2025, to support coordination of the
development, production, and distribution of vaccines, therapeutics, and other
medical countermeasures: Provided further, That of the amounts made available
under this heading, $10,000,000 shall remain available until September 30, 2025,
for advanced research and development, manufacturing, production, procurement,
distribution, and the acquisition, construction, alteration, or renovation of
non-federally owned facilities for the production and purchase of medical
countermeasures, which may include the development, translation, and
demonstration at scale of innovations in manufacturing platform.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general departmental
management, including hire of six passenger motor vehicles, and for carrying out
titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, and research studies under section 1110 of the
Social Security Act, $537,144,000, together with $64,828,000 from the amounts
available under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this amount,
$60,000,000 shall be for minority AIDS prevention and treatment activities:
Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants to public and
private entities to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with administering
and evaluating such contracts and grants, of which not more than 10 percent of
the available funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the remaining amount
75 percent shall be for replicating programs that have been proven effective
through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for preventing
teenage pregnancy: Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS Act, $6,800,000
shall be available to carry out evaluations (including longitudinal evaluations)
of teenage pregnancy prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for making competitive
grants which exclusively implement education in sexual risk avoidance (defined
as voluntarily refraining from non-marital sexual activity): Provided further,
That funding for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by
educational, scientific, governmental, or health organizations; implement an
evidence-based approach integrating research findings with practical
implementation that aligns with the needs and desired outcomes for the intended
audience; and teach the benefits associated with self-regulation, success
sequencing for poverty prevention, healthy relationships, goal setting, and
resisting sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen sexual
activity: Provided further, That no more than 10 percent of the funding for
such competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs: Provided
further, That funds provided in this Act for embryo adoption activities may be
used to provide to individuals adopting embryos, through grants and other
mechanisms, medical and administrative services deemed necessary for such
adoptions: Provided further, That such services shall be provided consistent
with 42 CFR 59.5(a)(4): Provided further, That of the funds made available
under this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in the
prevention, diagnosis, and treatment of kidney diseases (as authorized by
section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719)).
In addition, for expenses necessary to carry out title II of the PHS Act to
support, except as otherwise provided, activities related to safeguarding
classified national security information and providing intelligence and national
security support across the Department and to counter cybersecurity threats to
civilian populations, $108,983,000.
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the Office of
the Secretary, $196,000,000 shall remain available until September 30, 2025, to
be transferred in appropriate part from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator for Health
Information Technology, including grants, contracts, and cooperative agreements
for the development and advancement of interoperable health information
technology, $69,238,000 shall be from amounts made available under section 241
of the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General, including the
hire of passenger motor vehicles for investigations, in carrying out the
provisions of the Inspector General Act of 1978, $87,000,000: Provided, That of
such amount, necessary sums shall be available for providing protective services
to the Secretary and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228: Provided further, That of
the amount appropriated under this heading, necessary sums shall be available
for carrying out activities authorized under section 3022 of the PHS Act (42
U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights, $39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the Retired
Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical
care of dependents and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for not to
exceed $50,000 for official reception and representation expenses when
specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be used to pay
the salary of an individual, through a grant or other extramural mechanism, at a
rate in excess of Executive Level II: Provided, That none of the funds
appropriated in this title shall be used to prevent the NIH from paying up to
100 percent of the salary of an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the PHS Act, except for funds specifically provided
for in this Act, or for other taps and assessments made by any office located in
HHS, prior to the preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and the Senate
detailing the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such portion as
the Secretary shall determine, but not more than 2.5 percent, of any amounts
appropriated for programs authorized under such Act shall be made available for
the evaluation (directly, or by grants or contracts) and the implementation and
effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985) which are
appropriated for the current fiscal year for HHS in this Act may be transferred
between appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the transfer authority
granted by this section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2) of the
PHS Act, terminations described in such section may occur up to 60 days after
the effective date of a contract awarded in fiscal year 2024 under section 338B
of such Act, or at any time if the individual who has been awarded such contract
has not received funds due under the contract.
Sec. 207. None of the funds appropriated in this Act may be made available
to any entity under title X of the PHS Act unless the applicant for the award
certifies to the Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider of
services under title X of the PHS Act shall be exempt from any State law
requiring notification or the reporting of child abuse, child molestation,
sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including funds
appropriated to any trust fund) may be used to carry out the Medicare Advantage
program if the Secretary denies participation in such program to an otherwise
eligible entity (including a Provider Sponsored Organization) because the entity
informs the Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of providing the
service to such entity's enrollees): Provided further, That nothing in this
section shall be construed to change the Medicare program's coverage for such
services and a Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain information about all
Medicare covered services.
Sec. 210. None of the funds made available in this title may be used, in
whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment not more
than 60 employees of the Public Health Service to assist in child survival
activities and to work in AIDS programs through and with funds provided by the
Agency for International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 212. In order for HHS to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and environmental
disease, and other health activities abroad during fiscal year 2024:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall consult
with the Secretary of State and relevant Chief of Mission to ensure that
the authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980 and other
applicable statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary to pay the
costs of acquisition, lease, alteration, renovation, and management of
facilities outside of the United States for the use of HHS. The
Department of State shall cooperate fully with the Secretary to ensure
that HHS has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act. The
Secretary is authorized, in consultation with the Secretary of State,
through grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of assistance for
international health activities, including activities relating to HIV/
AIDS and other infectious diseases, chronic and environmental diseases,
and other health activities abroad.
(3) The Secretary is authorized to provide to personnel appointed or
assigned by the Secretary to serve abroad, allowances and benefits
similar to those provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such
regulations prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments (stated as a
percentage) up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel under
section 5304 of title 5, United States Code if such personnel's official
duty station were in the District of Columbia. Leaves of absence for
personnel under this subsection shall be on the same basis as that
provided under subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the Office
of AIDS Research, may transfer up to 3 percent among institutes and centers from
the total amounts identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the amount for
research related to the human immunodeficiency virus, as jointly determined by
the Director of NIH and the Director of the Office of AIDS Research, shall be
made available to the ``Office of AIDS Research'' account. The Director of the
Office of AIDS Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of law, the
Director of NIH (``Director'') may use funds authorized under section 402(b)(12)
of the PHS Act to enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified pursuant to or research
and activities described in such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection (a), the
Director may utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be appropriate to
obtain assessments of scientific and technical merit. Such procedures shall
apply to such transactions in lieu of the peer review and advisory council
review procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this Act to
the institutes and centers of the National Institutes of Health may be used for
alteration, repair, or improvement of facilities, as necessary for the proper
and efficient conduct of the activities authorized herein, at not to exceed
$5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the amount
made available for National Research Service Awards (``NRSA'') shall be made
available to the Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary medical care to
individuals affiliated with entities who have received grants or contracts under
sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of the Agency for
Healthcare Research and Quality to make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development Authority
(``BARDA'') may enter into a contract, for more than one but no more than 10
program years, for purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C.
247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract will serve
the best interests of the Federal Government by encouraging full and
open competition or promoting economy in administration, performance,
and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by subsection
(c) of section 3903 of title 41, United States Code; and
(2) shall be subject to the congressional notice requirement stated
in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2025 budget
justification and on Departmental Web sites information concerning the
employment of full-time equivalent Federal employees or contractors for the
purposes of implementing, administering, enforcing, or otherwise carrying out
the provisions of the ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments made by
that Act), the Secretary shall include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under which
such funds were appropriated, a statement indicating the program,
project, or activity receiving such funds, the Federal operating
division or office that administers such program, and the amount of
funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time equivalent
employees or contracted employees assigned to each authorized and funded
provision detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the report
employees or contractors who--
(1) are supported through appropriations enacted in laws other than
the ACA and work on programs that existed prior to the passage of the
ACA;
(2) spend less than 50 percent of their time on activities funded by
or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a requirement
of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year 2025
budget of the President submitted under section 1105(a) of title 31, United
States Code, information that details the uses of all funds used by the Centers
for Medicare & Medicaid Services specifically for Health Insurance Exchanges for
each fiscal year since the enactment of the ACA and the proposed uses for such
funds for fiscal year 2025. Such information shall include, for each such fiscal
year, the amount of funds used for each activity specified under the heading
``Health Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 221. None of the funds made available by this Act from the Federal
Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance
Trust Fund, or transferred from other accounts funded by this Act to the
``Centers for Medicare & Medicaid Services--Program Management'' account, may be
used for payments under section 1342(b)(1) of Public Law 111-148 (relating to
risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the Secretary shall
transfer funds appropriated under section 4002 of the ACA to the accounts
specified, in the amounts specified, and for the activities specified under the
heading ``Prevention and Public Health Fund'' in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may not
further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821 of the
PHS Act shall be made available without reference to section 2821(b) of such
Act.
Sec. 223. Effective during the period beginning on November 1, 2015 and
ending January 1, 2026, any provision of law that refers (including through
cross-reference to another provision of law) to the current recommendations of
the United States Preventive Services Task Force with respect to breast cancer
screening, mammography, and prevention shall be administered by the Secretary
involved as if--
(1) such reference to such current recommendations were a reference
to the recommendations of such Task Force with respect to breast cancer
screening, mammography, and prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to any
screening mammography modality under section 1861(jj) of the Social
Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions relating
to indirect costs in part 75 of title 45, Code of Federal Regulations, including
with respect to the approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same extent and in the same
manner as such provisions were applied in the third quarter of fiscal year 2017.
None of the funds appropriated in this or prior Acts or otherwise made available
to the Department of Health and Human Services or to any department or agency
may be used to develop or implement a modified approach to such provisions, or
to intentionally or substantially expand the fiscal effect of the approval of
such deviations from negotiated rates beyond the proportional effect of such
approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid addiction, opioid
alternatives, stimulant misuse and addiction, pain management, and addiction
treatment to other Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That the transfer authority provided
in the previous proviso is in addition to any other transfer authority provided
by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act of 2010
pertaining to enrollments during the open enrollment period; and
(2) Notification of any new or competitive grant awards, including
supplements, authorized under section 330 of the Public Health Service
Act.
(b) The Committees on Appropriations of the House and Senate must be
notified at least 2 business days in advance of any public release of enrollment
information or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for ``Centers for
Medicare & Medicaid Services, Program Management'', the Secretary of Health and
Human Services may transfer up to $455,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund to support program management activity related to the Medicare
Program: Provided, That except for the foregoing purpose, such funds may not be
used to support any provision of Public Law 111-148 or Public Law 111-152 (or
any amendment made by either such Public Law) or to supplant any other amounts
within such account.
Sec. 228. The Department of Health and Human Services shall provide the
Committees on Appropriations of the House of Representatives and Senate a
biannual report 30 days after enactment of this Act on staffing described in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available for salaries
and expenses of employees of the Department of Health and Human Services shall
also be available to pay travel and related expenses of such an employee or of a
member of his or her family, when such employee is assigned to duty, in the
United States or in a U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency under section 319 of
the Public Health Service Act and such travel is necessary to obtain medical
care for an illness, injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this section, the term
``U.S. territory'' means Guam, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept donations
from the private sector, nongovernmental organizations, and other groups
independent of the Federal Government for the care of unaccompanied alien
children (as defined in section 462(g)(2) of the Homeland Security Act of 2002
(6 U.S.C. 279(g)(2))) in the care of the Office of Refugee Resettlement of the
Administration for Children and Families, including medical goods and services,
which may include early childhood developmental screenings, school supplies,
toys, clothing, and any other items intended to promote the wellbeing of such
children.
Sec. 231. None of the funds made available in this Act under the heading
``Department of Health and Human Services--Administration for Children and
Families--Refugee and Entrant Assistance'' may be obligated to a grantee or
contractor to house unaccompanied alien children (as such term is defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in
any facility that is not State-licensed for the care of unaccompanied alien
children, except in the case that the Secretary determines that housing
unaccompanied alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations of any
such facility that remains in operation for more than six consecutive
months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker for
every eight (8) children or youth during waking hours, one (1)
on-duty Youth Care Worker for every sixteen (16) children or
youth during sleeping hours, and clinician ratios to children
(including mental health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a contractor's or
grantee's non-compliance with paragraph (1) if the Secretary certifies
and provides a report to Congress on the contractor's or grantee's good-
faith efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph (2) may
be granted to a contractor or grantee with respect to a specific
facility;
(4) ORR shall ensure full adherence to the monitoring requirements
set forth in section 5.5 of its Policies and Procedures Guide as of May
15, 2019;
(5) for any such unlicensed facility in operation for more than
three consecutive months, ORR shall conduct a minimum of one
comprehensive monitoring visit during the first three months of
operation, with quarterly monitoring visits thereafter; and
(6) not later than 60 days after the date of enactment of this Act,
ORR shall brief the Committees on Appropriations of the House of
Representatives and the Senate outlining the requirements of ORR for
influx facilities including any requirement listed in paragraph (1)(A)
that the Secretary has determined are not applicable to non-State
licensed facilities.
Sec. 232. In addition to the existing Congressional notification for formal
site assessments of potential influx facilities, the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the Senate at
least 15 days before operationalizing an unlicensed facility, and shall (1)
specify whether the facility is hard-sided or soft-sided, and (2) provide
analysis that indicates that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that unaccompanied
alien children will be otherwise placed in danger. Within 60 days of bringing
such a facility online, and monthly thereafter, the Secretary shall provide to
the Committees on Appropriations of the House of Representatives and the Senate
a report detailing the total number of children in care at the facility, the
average length of stay and average length of care of children at the facility,
and, for any child that has been at the facility for more than 60 days, their
length of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may be used to
prevent a United States Senator or Member of the House of Representatives from
entering, for the purpose of conducting oversight, any facility in the United
States used for the purpose of maintaining custody of, or otherwise housing,
unaccompanied alien children (as defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator or Member
has coordinated the oversight visit with the Office of Refugee Resettlement not
less than two business days in advance to ensure that such visit would not
interfere with the operations (including child welfare and child safety
operations) of such facility.
Sec. 234. Not later than 14 days after the date of enactment of this Act,
and monthly thereafter, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate, and make publicly
available online, a report with respect to children who were separated from
their parents or legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to an option selected
by the children, parents, or guardians), subsequently classified as
unaccompanied alien children, and transferred to the care and custody of ORR
during the previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent to
apprehension at or between ports of entry, to be reported by sector
where separation occurred; and
(2) the documented cause of separation, as reported by DHS when each
child was referred.
Sec. 235. Funds appropriated in this Act that are available for salaries
and expenses of employees of the Centers for Disease Control and Prevention
shall also be available for the primary and secondary schooling of eligible
dependents of personnel stationed in a U.S. territory as defined in section 229
of this Act at costs not in excess of those paid for or reimbursed by the
Department of Defense.
Sec. 236. Section 231 of division B of the Department of Defense and Labor,
Health and Human Services, and Education Appropriations Act, 2019 and Continuing
Appropriations Act, 2019 (42 U.S.C. 247d-4a) is amended by striking the fifth,
sixth, and seventh provisos and inserting the following: ``Provided further,
That the Director shall provide to the Committees on Appropriations of the House
of Representatives and the Senate, at least 7 days in advance of any transfer or
obligation of funds made under the authority provided in this section, both a
notification on the anticipated uses of funds by program, project, or activity;
and a detailed spend plan of anticipated uses of funds, including estimated
personnel and administrative costs, disaggregated by program, project, or
activity: Provided further, That such spend plans shall be updated to include
all applicable obligations to date and unobligated amounts and submitted
quarterly to such Committees on Appropriations until such funds are fully
expended:''.
Sec. 237. Title VIII of division B of the CARES Act (Public Law 116-136) is
amended, under the heading ``Department of Health and Human Services--Centers
for Disease Control and Prevention--CDC-Wide Activities and Program Support'' by
striking the ninth proviso.
Sec. 238. In this fiscal year and each fiscal year thereafter,
notwithstanding the income eligibility requirements of subsections (a) and
paragraphs (1) and (2) of subsection (d) of section 645 of the Head Start Act
and income eligibility criteria and allowances prescribed in regulations, an
Indian tribe that operates a Head Start program may, at its discretion,
establish selection criteria, including criteria to prioritize children in
families for which a child, a family member, or a member of the same household,
is a member of an Indian tribe, to enroll children who would benefit from the
Head Start program.
Sec. 239. In this fiscal year and each fiscal year thereafter,
notwithstanding the income eligibility requirements of subsection (a) of section
645 of the Head Start Act and income eligibility criteria and allowances
prescribed in regulations, an agency that operates a migrant or seasonal Head
Start program may, at its discretion, establish selection criteria to enroll
children who would benefit from the Head Start program, giving priority to
children of migrant farmworker families: Provided, That such selection criteria
shall limit that enrollment to children who have at least one family member
whose income comes primarily from agricultural employment as defined in section
3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C.
1802).
(rescission)
Sec. 240. Of the unobligated balances in the ``Nonrecurring Expenses Fund''
established in section 223 of division G of Public Law 110-161, $1,250,000,000
are hereby rescinded not later than September 30, 2024.
(rescission)
Sec. 241. Of the unobligated balances from amounts made available under the
heading ``Department of Health and Human Services--Administration for Children
and Families--Children and Families Services Programs'' in division H of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) for grants to States
for incentive payments, as defined by section 473A of the Social Security Act,
$70,000,000 are hereby rescinded.
This title may be cited as the ``Department of Health and Human Services
Appropriations Act, 2024''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act as
``ESEA'') and section 418A of the Higher Education Act of 1965 (referred to in
this Act as ``HEA''), $19,107,790,000, of which $8,179,490,000 shall become
available on July 1, 2024, and shall remain available through September 30,
2025, and of which $10,841,177,000 shall become available on October 1, 2024,
and shall remain available through September 30, 2025, for academic year 2024-
2025: Provided, That $6,459,401,000 shall be for basic grants under section
1124 of the ESEA: Provided further, That up to $5,000,000 of these funds shall
be available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2023, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants under section
1124A of the ESEA: Provided further, That $5,292,550,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That $5,292,550,000
shall be for education finance incentive grants under section 1125A of the ESEA:
Provided further, That $224,000,000 shall be for carrying out subpart 2 of part
B of title II: Provided further, That $52,123,000 shall be for carrying out
section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally affected
schools authorized by title VII of the ESEA, $1,625,151,000, of which
$1,474,000,000 shall be for basic support payments under section 7003(b),
$48,316,000 shall be for payments for children with disabilities under section
7003(d), $19,000,000 shall be for construction under section 7007(a),
$79,000,000 shall be for Federal property payments under section 7002, and
$4,835,000, to remain available until expended, shall be for facilities
maintenance under section 7008: Provided, That for purposes of computing the
amount of a payment for an eligible local educational agency under section
7003(a) for school year 2023-2024, children enrolled in a school of such agency
that would otherwise be eligible for payment under section 7003(a)(1)(B) of such
Act, but due to the deployment of both parents or legal guardians, or a parent
or legal guardian having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long as such children
reside on Federal property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students under such
section, provided such students remain in average daily attendance at a school
in the same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B of title
I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part
B of title V, and parts B and C of title VI of the ESEA; the McKinney-Vento
Homeless Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; and the Civil Rights Act of 1964, $5,776,178,000, of which
$3,947,312,000 shall become available on July 1, 2024, and remain available
through September 30, 2025, and of which $1,681,441,000 shall become available
on October 1, 2024, and shall remain available through September 30, 2025, for
academic year 2024-2025: Provided, That $380,000,000 shall be for part B of
title I: Provided further, That $1,329,673,000 shall be for part B of title IV:
Provided further, That $45,897,000 shall be for part B of title VI, which may
be used for construction, renovation, and modernization of any public elementary
school, secondary school, or structure related to a public elementary school or
secondary school that serves a predominantly Native Hawaiian student body, and
that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds
for administrative purposes shall apply only to direct administrative costs:
Provided further, That $44,953,000 shall be for part C of title VI, which shall
be awarded on a competitive basis, and may be used for construction, and that
the 5 percent limitation in section 6305 of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, That $50,000,000 shall be available to carry out section 203
of the Educational Technical Assistance Act of 2002 and the Secretary shall make
such arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section: Provided
further, That $220,000,000 shall be for part B of title V: Provided further,
That in carrying out such part B the percentage in section 316(b)(1)(D) of title
III of division H of Public Law 116-260 shall be deemed 83.33 percent: Provided
further, That $1,380,000,000 shall be available for grants under subpart 1 of
part A of title IV: Provided further, That funds provided by Public Law 117-328
and this Act for subpart B of title VII of the McKinney-Vento Homeless
Assistance Act shall be available for expenditure by educational agencies and
institutions for an additional fiscal year following the succeeding fiscal year
provided by subsection 421(b)(1) of the General Education Provisions Act.
Indian Education
For expenses necessary to carry out, to the extent not otherwise provided,
title VI, part A of the ESEA, $194,746,000, of which $72,000,000 shall be for
subpart 2 of part A of title VI and $12,365,000 shall be for subpart 3 of part A
of title VI: Provided, That the 5 percent limitation in sections 6115(d),
6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes
shall apply only to direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds provided under this
heading may be for a period of up to 5 years.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3, and 4 of part B of
title II, and parts C, D, and E and subparts 1 and 4 of part F of title IV of
the ESEA, $1,115,000,000: Provided, That $173,000,000 shall be for subparts 1,
3 and 4 of part B of title II and shall be made available without regard to
sections 2201, 2231(b) and 2241: Provided further, That $683,000,000 shall be
for parts C, D, and E and subpart 4 of part F of title IV, and shall be made
available without regard to sections 4311, 4409(a), and 4601 of the ESEA:
Provided further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds available
for part C of title IV, the Secretary shall use not less than $60,000,000 to
carry out section 4304, not more than $140,000,000, to remain available through
March 31, 2025, to carry out section 4305(b), from which the amount necessary
for continuation grants may be available for obligation through March 31, 2025,
and not more than $16,000,000 to carry out the activities in section 4305(a)(3):
Provided further, That notwithstanding section 4601(b), $259,000,000 shall be
available through December 31, 2024 for subpart 1 of part F of title IV:
Provided further, That of the funds available for subpart 4 of part F of title
IV, not less than $8,000,000 shall be used for continuation grants for eligible
national nonprofit organizations, as described in the Applications for New
Awards; Assistance for Arts Education Program published in the Federal Register
on May 31, 2022, for activities described under section 4642(a)(1)(C).
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F of
title IV of the ESEA, $457,000,000, to remain available through December 31,
2024: Provided, That $216,000,000 shall be available for section 4631, of which
up to $5,000,000, to remain available until expended, shall be for the Project
School Emergency Response to Violence (Project SERV) program: Provided further,
That $150,000,000 shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $890,000,000, which shall
become available on July 1, 2024, and shall remain available through September
30, 2025, except that 6.5 percent of such amount shall be available on October
1, 2023, and shall remain available through September 30, 2025, to carry out
activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act (IDEA) and
the Special Olympics Sport and Empowerment Act of 2004, $15,467,264,000, of
which $5,890,321,000 shall become available on July 1, 2024, and shall remain
available through September 30, 2025, and of which $9,283,383,000 shall become
available on October 1, 2024, and shall remain available through September 30,
2025, for academic year 2024-2025: Provided, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the amount available for
that activity during fiscal year 2023, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less than the
amount for that activity during fiscal year 2023: Provided further, That the
Secretary shall, without regard to section 611(d) of the IDEA, distribute to all
other States (as that term is defined in section 611(g)(2)), subject to the
third proviso, any amount by which a State's allocation under section 611, from
funds appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States' relative
populations of children aged 3 through 21 who are of the same age as children
with disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States on the
basis of the States' relative populations of those children who are living in
poverty: Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such a distribution:
Provided further, That the States shall allocate such funds distributed under
the second proviso to local educational agencies in accordance with section
611(f): Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the
amounts distributed to States under the previous provisos in fiscal year 2012 or
any subsequent year shall not be considered in calculating the awards under
section 611(d) for fiscal year 2013 or for any subsequent fiscal years:
Provided further, That, notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under section 611(d) is
reduced for failure to comply with the requirement of section 612(a)(18)(A), the
Secretary may apply the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, That the Secretary may, in any fiscal year in
which a State's allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the maximum amount
described in that paragraph as the reduction under section 612(a)(18)(B) bears
to the total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided further, That the
Secretary shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to comply with
the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B),
or seek to recover funds under section 452 of the General Education Provisions
Act (20 U.S.C. 1234a): Provided further, That the funds reserved under 611(c)
of the IDEA may be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements of sections 616
and 618 and to administer and carry out other services and activities to improve
data collection, coordination, quality, and use under parts B and C of the IDEA:
Provided further, That the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart: Provided further, That States may use
funds reserved for other State-level activities under sections 611(e)(2) and
619(f) of the IDEA to make subgrants to local educational agencies, institutions
of higher education, other public agencies, and private non-profit organizations
to carry out activities authorized by those sections: Provided further, That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for
grants pursuant to section 643(e) of such Act, the Secretary shall provide a
grant to each State in an amount equal to the maximum amount described in
section 643(e)(2)(B) of such Act: Provided further, That if more than 5 States
apply for grants pursuant to section 643(e) of the IDEA, the Secretary shall
award funds to those States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive a grant in excess
of the amount described in section 643(e)(2)(B) of such Act: Provided further,
That States may use funds allotted under section 643(c) of the IDEA to make
subgrants to local educational agencies, institutions of higher education, other
public agencies, and private non-profit organizations to carry out activities
authorized by section 638 of IDEA: Provided further, That, notwithstanding
section 638 of the IDEA, a State may use funds it receives under section 633 of
the IDEA to offer continued early intervention services to a child who
previously received services under part C of the IDEA from age 3 until the
beginning of the school year following the child's third birthday with parental
consent and without regard to the procedures in section 635(c) of the IDEA.
Rehabilitation Services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Rehabilitation
Act of 1973 and the Helen Keller National Center Act, $4,397,033,000, of which
$4,253,834,000 shall be for grants for vocational rehabilitation services under
title I of the Rehabilitation Act: Provided, That the Secretary may use amounts
provided in this Act, and unobligated balances from title III of the Departments
of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2023, (division H of Public Law 117-328), that remain
available subsequent to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities aimed at increasing
competitive integrated employment as defined in section 7 of such Act for youth
and other individuals with disabilities, including related Federal
administrative expenses, for improving monitoring and oversight of grants for
vocational rehabilitation services under title I of the Rehabilitation Act, and
information technology needs under section 15 and titles I, III, VI, and VII of
the Rehabilitation Act: Provided further, That up to 15 percent of the amounts
available subsequent to reallotment for the activities described in the first
proviso from funds provided under this paragraph in this Act, may be used for
evaluation and technical assistance related to such activities: Provided
further, That any funds made available subsequent to reallotment for the
activities described in the first proviso may be provided to States and other
public, private and nonprofit entities, including Indian tribes and institutions
of higher education for carrying out such activities: Provided further, That
States and other public and nonprofit entities, including Indian tribes and
institutions of higher education may award subgrants for a portion of the funds
to other eligible entities: Provided further, That any funds provided in this
Act and made available subsequent to reallotment for the purposes described in
the first proviso shall remain available until September 30, 2025: Provided
further, That the Secretary may transfer funds provided in this Act and made
available subsequent to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act to ``Institute of Education Sciences'' for the
evaluation of outcomes for students receiving services and supports under IDEA
and under title I, section 504 of title V, and title VI of the Rehabilitation
Act: Provided further, That the transfer authority in the preceding proviso is
in addition to any other transfer authority in this Act.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of March 3,
1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and II of
the Education of the Deaf Act of 1986, $92,500,000: Provided, That from the
total amount available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary School
for the Deaf, and the partial support of Gallaudet University under titles I and
II of the Education of the Deaf Act of 1986, $167,361,000, of which up to
$15,000,000, to remain available until expended, shall be for construction, as
defined by section 201(2) of such Act: Provided, That from the total amount
available, the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D. Perkins
Career and Technical Education Act of 2006 (``Perkins Act'') and the Adult
Education and Family Literacy Act (``AEFLA''), $2,181,436,000, of which
$1,390,436,000 shall become available on July 1, 2024, and shall remain
available through September 30, 2025, and of which $791,000,000 shall become
available on October 1, 2024, and shall remain available through September 30,
2025: Provided, That up to $6,100,000 shall be available for innovation and
modernization grants under such section 114(e) of the Perkins Act: Provided
further, That of the amounts made available for AEFLA, $13,712,000 shall be for
national leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of
the HEA, $24,615,352,000 which shall remain available through September 30,
2025.
The maximum Pell Grant for which a student shall be eligible during award
year 2024-2025 shall be $6,335.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I, and
subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the
HEA, and subpart 1 of part A of title VII of the Public Health Service Act,
$2,058,943,000, to remain available through September 30, 2025: Provided, That
the Secretary shall allocate new student loan borrower accounts to eligible
student loan servicers on the basis of their past performance compared to all
loan servicers utilizing established common metrics, and on the basis of the
capacity of each servicer to process new and existing accounts: Provided
further, That in order to promote accountability and high-quality service to
borrowers, the Secretary shall not award funding for any contract solicitation
for a new Federal student loan servicing environment, including the solicitation
for the Federal Student Aid (FSA) Next Generation Processing and Servicing
Environment, unless such an environment provides for the participation of
multiple student loan servicers that contract directly with the Department of
Education to manage a unique portfolio of borrower accounts and the full life-
cycle of loans from disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student loan servicers
based on performance: Provided further, That the Department shall re-allocate
accounts from servicers for recurring non-compliance with FSA guidelines,
contractual requirements, and applicable laws, including for failure to
sufficiently inform borrowers of available repayment options: Provided further,
That such servicers shall be evaluated based on their ability to meet contract
requirements (including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable consumer
protections laws: Provided further, That to the extent FSA permits student loan
servicing subcontracting, FSA shall hold prime contractors accountable for
meeting the requirements of the contract, and the performance and expectations
of subcontractors shall be accounted for in the prime contract and in the
overall performance of the prime contractor: Provided further, That FSA shall
ensure that the Next Generation Processing and Servicing Environment, or any new
Federal loan servicing environment, incentivize more support to borrowers at
risk of delinquency or default: Provided further, That FSA shall ensure that in
such environment contractors have the capacity to meet and are held accountable
for performance on service levels; are held accountable for and have a history
of compliance with applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further, That the Secretary
shall provide quarterly briefings to the Committees on Appropriations and
Education and the Workforce of the House of Representatives and the Committees
on Appropriations and Health, Education, Labor, and Pensions of the Senate on
general progress related to implementation of Federal student loan servicing
contracts: Provided further, That FSA shall strengthen transparency through
expanded publication of aggregate data on student loan and servicer performance:
Provided further, That $25,000,000 shall be for ensuring the continuation of
student loan servicing activities, including supporting borrowers reentering
repayment: Provided further, That the limitation in section 302 of this Act
regarding transfers increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``10 percent'' for ``3
percent'' for the purposes of the continuation of basic operations, including
student loan servicing, business process operations, digital customer care,
common origination and disbursement, cybersecurity activities, and information
technology systems: Provided further, That not later than 45 days after
enactment of this Act, FSA shall provide to the Committees on Appropriations of
the House of Representatives and the Senate a detailed spend plan of anticipated
uses of funds made available in this account for fiscal year 2024 and provide
quarterly updates on this plan (including contracts awarded, change orders,
bonuses paid to staff, reorganization costs, and any other activity carried out
using amounts provided under this heading for fiscal year 2024) no later than 10
days prior to the start of such quarter: Provided further, That FSA shall
notify the Committees within 10 days of any modification of such spend plan that
exceeds five percent of the amount appropriated under the heading ``Student Aid
Administration'': Provided further, That the FSA Next Generation Processing and
Servicing Environment, or any new Federal student loan servicing environment,
shall include accountability measures that account for the performance of the
portfolio and contractor compliance with FSA guidelines.
Higher Education
For carrying out, to the extent not otherwise provided, titles II, III, IV,
V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange
Act of 1961, and section 117 of the Perkins Act, $3,283,296,000, of which
$171,000,000 shall remain available through December 31, 2024: Provided, That
notwithstanding any other provision of law, funds made available in this Act to
carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational
and Cultural Exchange Act of 1961 may be used to support visits and study in
foreign countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to United
States national security and who plan to apply their language skills and
knowledge of these countries in the fields of government, the professions, or
international development: Provided further, That of the funds referred to in
the preceding proviso up to 1 percent may be used for program evaluation,
national outreach, and information dissemination activities: Provided further,
That up to 1.5 percent of the funds made available under chapter 2 of subpart 2
of part A of title IV of the HEA may be used for evaluation: Provided further,
That section 313(d) of the HEA shall not apply to an institution of higher
education that is eligible to receive funding under section 318 of the HEA:
Provided further, That amounts made available for carrying out section 419N of
the HEA may be awarded notwithstanding the limitations in section 419N(b)(2) of
the HEA: Provided further, That of the amounts made available under this
heading, $202,344,000 shall be used for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for projects
described in the preceding proviso shall be subject to section 302 of this Act:
Provided further, That of the funds made available under this Act to carry out
part B of title III of the HEA, $3,000,000 shall be for grants to supplement
amounts awarded to part B institutions that are junior or community colleges, as
defined in section 312(f) of the HEA: Provided further, That the supplemental
funds described in the preceding proviso are in addition to any grant award that
any institution may receive under section 323 of the HEA and shall be allocated
in accordance with the allotments specified under section 324 of such Act.
Howard University
For partial support of Howard University, $304,018,000, of which not less
than $3,405,000 shall be for a matching endowment grant pursuant to the Howard
University Endowment Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related to
existing facility loans pursuant to section 121 of the HEA, $298,000.
Historically Black College and University Capital Financing Program Account
For the cost of guaranteed loans, $20,150,000, as authorized pursuant to
part D of title III of the HEA, which shall remain available through September
30, 2025: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed $377,340,824:
Provided further, That these funds may be used to support loans to public and
private Historically Black Colleges and Universities without regard to the
limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant to part D
of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as authorized
by section 208 of the Department of Education Organization Act and carrying out
activities authorized by the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance Act of
2002, and section 664 of the Individuals with Disabilities Education Act,
$793,106,000, which shall remain available through September 30, 2025:
Provided, That funds available to carry out section 208 of the Educational
Technical Assistance Act may be used to link Statewide elementary and secondary
data systems with early childhood, postsecondary, and workforce data systems, or
to further develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical Assistance
Act may be used for awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and use at the local,
State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the Department of
Education Organization Act, including rental of conference rooms in the District
of Columbia and hire of three passenger motor vehicles, $419,907,000: Provided,
That, notwithstanding any other provision of law, none of the funds provided by
this Act or provided by previous Appropriations Acts to the Department of
Education available for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the responsibilities,
structure, authority, or functionality of the Budget Service of the Department
of Education, relative to the organization and operation of the Budget Service
as in effect on January 1, 2018: Provided further, That none of the funds
provided by this Act may be used on or after August 15, 2024, to support a
number of non-career employees that is above the number of non-career employees
as of December 31, 2022.
office for civil rights
For expenses necessary for the Office for Civil Rights, as authorized by
section 203 of the Department of Education Organization Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as authorized by
section 212 of the Department of Education Organization Act, $67,500,000, of
which $3,000,000 shall remain available through September 30, 2025.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent the
implementation of programs of voluntary prayer and meditation in the public
schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds (pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985) which are
appropriated for the Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the transfer authority
granted by this section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for evaluation
purposes under section 8601(c) of the ESEA shall be available from July 1, 2024,
through September 30, 2025.
Sec. 304. (a) An institution of higher education that maintains an endowment
fund supported with funds appropriated for title III or V of the HEA for fiscal
year 2024 may use the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall be
considered to have been an allowable use of that income, subject to that
limitation.
(b) Subsection (a) shall be in effect until titles III and V of the HEA are
reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be applied
by substituting ``2024'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall be
applied by substituting ``2024'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading ``Student Aid
Administration'' may be available for payments for student loan servicing to an
institution of higher education that services outstanding Federal Perkins Loans
under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa
et seq.).
Sec. 308. Of the amounts made available in this title under the heading
``Student Aid Administration'', $2,300,000 shall be used by the Secretary of
Education to conduct outreach to borrowers of loans made under part D of title
IV of the Higher Education Act of 1965 who may intend to qualify for loan
cancellation under section 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure
that borrowers are meeting the terms and conditions of such loan cancellation:
Provided, That the Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under section 455(m) of such
Act except that the borrower has made some, or all, of the 120 required payments
under a repayment plan that is not described under section 455(m)(A) of such
Act, to encourage borrowers to enroll in a qualifying repayment plan: Provided
further, That the Secretary shall also communicate to all Direct Loan borrowers
the full requirements of section 455(m) of such Act and improve the filing of
employment certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to program
requirements and benefits on each servicer's website, and creating an option for
all borrowers to complete the entire payment certification process
electronically and on a centralized website.
Sec. 309. The Secretary may reserve not more than 0.5 percent from any
amount made available in this Act for an HEA program, except for any amounts
made available for subpart 1 of part A of title IV of the HEA, to carry out
rigorous and independent evaluations and to collect and analyze outcome data for
any program authorized by the HEA: Provided, That no funds made available in
this Act for the ``Student Aid Administration'' account shall be subject to the
reservation under this section: Provided further, That any funds reserved under
this section shall be available through September 30, 2026: Provided further,
That if, under any other provision of law, funds are authorized to be reserved
or used for evaluation activities with respect to a program or project, the
Secretary may also reserve funds for such program or project for the purposes
described in this section so long as the total reservation of funds for such
program or project does not exceed any statutory limits on such reservations:
Provided further, That not later than 30 days prior to the initial obligation of
funds reserved under this section, the Secretary shall submit to the Committees
on Appropriations of the Senate and the House of Representatives, the Committee
on Health, Education, Labor and Pensions of the Senate, and the Committee on
Education and the Workforce of the House of Representatives a plan that
identifies the source and amount of funds reserved under this section, the
impact on program grantees if funds are withheld for the purposes of this
section, and the activities to be carried out with such funds.
Sec. 310. In addition to amounts otherwise appropriated by this Act under
the heading ``Innovation and Improvement'' for purposes authorized by the
Elementary and Secondary Education Act of 1965, there are hereby appropriated an
additional $88,084,000 which shall be used for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/Congressionally
Directed Spending'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That none of the funds made available for such projects shall
be subject to section 302 of this Act.
(including transfer of funds)
Sec. 311. Of the amounts appropriated in this Act for ``Institute of
Education Sciences'', up to $20,000,000 shall be available for the Secretary of
Education (``the Secretary'') to provide support services to the Institute of
Education Sciences (including, but not limited to information technology
services, lease or procurement of office space, human resource services,
financial management services, financial systems support, budget formulation and
execution, legal counsel, equal employment opportunity services, physical
security, facilities management, acquisition and contract management, grants
administration and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for such
support services by using a standard Department of Education methodology for
allocating the cost of all such support services: Provided further, That the
Secretary may transfer any amounts available for IES support services in excess
of actual amounts needed for IES support services, as so calculated, to the
``Program Administration'' account from the ``Institute of Education Sciences''
account: Provided further, That in order to address any shortfall between
amounts available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary amounts to the
``Institute of Education Sciences'' account from the ``Program Administration''
account: Provided further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 14 days in advance of
any transfer made pursuant to this section.
(rescission)
Sec. 312. Of the unobligated balances in the ``Department of Education
Nonrecurring Expenses Fund'' established in section 313 of division H of Public
Law 116-260, $25,000,000 are hereby rescinded not later than September 30, 2024.
This title may be cited as the ``Department of Education Appropriations Act,
2024''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People Who Are
Blind or Severely Disabled (referred to in this title as ``the Committee'')
established under section 8502 of title 41, United States Code, $13,124,000:
Provided, That in order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to perform
requirements of the Committee as prescribed under section 51-3.2 of title 41,
Code of Federal Regulations, the Committee shall enter into a written agreement
with any such central nonprofit agency: Provided further, That such agreement
shall contain such auditing, oversight, and reporting provisions as necessary to
implement chapter 85 of title 41, United States Code: Provided further, That
such agreement shall include the elements listed under the heading ``Committee
For Purchase From People Who Are Blind or Severely Disabled--Written Agreement
Elements'' in the explanatory statement described in section 4 of Public Law
114-113 (in the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee under
section 51-3.5 of title 41, Code of Federal Regulations, prior to executing a
written agreement with the Committee: Provided further, That no less than
$3,150,000 shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and Community
Service (referred to in this title as ``CNCS'') to carry out the Domestic
Volunteer Service Act of 1973 (referred to in this title as ``1973 Act'') and
the National and Community Service Act of 1990 (referred to in this title as
``1990 Act''), $975,525,000, notwithstanding sections 198B(b)(3), 198S(g),
501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts
provided under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews, including the
use of outside peer reviewers and electronic management of the grants cycle; (2)
$19,538,000 shall be available to provide assistance to State commissions on
national and community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be
available to carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further, That for the purposes of carrying out
the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
payment to the national service trust
(including rescission and transfer of funds)
For payment to the National Service Trust established under subtitle D of
title I of the 1990 Act, $180,000,000, to remain available until expended:
Provided, That CNCS may transfer additional funds from the amount provided
within ``Operating Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants and
after notice is transmitted to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts appropriated for
or transferred to the National Service Trust may be invested under section
145(b) of the 1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b): Provided further, That of the discretionary
unobligated balances from amounts made available in prior appropriations Acts to
the National Service Trust, $243,000,000 are hereby permanently rescinded,
except that no amounts may be rescinded from amounts that were previously
designated by the Congress as being for an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
salaries and expenses
For necessary expenses of administration as provided under section 501(a)(5)
of the 1990 Act and under section 504(a) of the 1973 Act, including payment of
salaries, authorized travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment of experts and
consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $99,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in carrying out
the Inspector General Act of 1978, $7,595,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program requirements,
service delivery or policy only through public notice and comment rulemaking.
For fiscal year 2024, during any grant selection process, an officer or employee
of CNCS shall not knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person other than an
officer or employee of CNCS that is authorized by CNCS to receive such
information.
Sec. 402. AmeriCorps programs receiving grants under the National Service
Trust program shall meet an overall minimum share requirement of 24 percent for
the first 3 years that they receive AmeriCorps funding, and thereafter shall
meet the overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating costs
match requirement in section 121(e) or the member support Federal share
limitations in section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act for the
purposes of financing programs and operations under titles I and II of the 1973
Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a) of the 1990
Act, use of an educational award for the purpose described in section 148(a)(4)
shall be limited to individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990 Act--
(1) entities described in paragraph (a) of such section shall be
considered ``qualified entities'' under section 3 of the National Child
Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be considered
``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service established
pursuant to section 178 of the 1990 Act, are authorized to receive
criminal history record information, consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146, and 147 of the 1990 Act, an
individual who successfully completes a term of service of not less than 1,200
hours during a period of not more than one year may receive a national service
education award having a value of 70 percent of the value of a national service
education award determined under section 147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied by
substituting ``an approved national service position'' for ``a national service
program that receives grants under subtitle C''.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be available
within limitations specified by that Act, for the fiscal year 2026,
$535,000,000: Provided, That none of the funds made available to CPB by this
Act shall be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be available or used
to aid or support any program or activity from which any person is excluded, or
is denied benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the funds
made available to CPB by this Act shall be used to apply any political test or
qualification in selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB.
In addition, for the costs associated with replacing and upgrading the
public broadcasting interconnection system and other technologies and services
that create infrastructure and efficiencies within the public media system,
$60,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation Service
(``Service'') to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and for expenses
necessary for the Service to carry out the functions vested in it by the Civil
Service Reform Act, $53,705,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including those
provided to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account, and
shall remain available until expended: Provided further, That fees for
arbitration services shall be available only for education, training, and
professional development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of the United
States gifts of services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act, $294,800,000.
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social Security Act,
$9,405,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social Security Act,
$13,824,000, to be transferred to this appropriation from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as authorized
by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to carry out
the functions vested in it by the Labor-Management Relations Act, 1947, and
other laws, $299,224,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders concerning
bargaining units composed of agricultural laborers as referred to in section
2(3) of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938,
and including in said definition employees engaged in the maintenance and
operation of ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
administrative provision
Sec. 408. None of the funds provided by this Act or previous Acts making
appropriations for the National Labor Relations Board may be used to issue any
new administrative directive or regulation that would provide employees any
means of voting through any electronic means in an election to determine a
representative for the purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway Labor Act,
including emergency boards appointed by the President, $15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $15,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under section
15(d) of the Railroad Retirement Act of 1974, $8,000,000, which shall include
amounts becoming available in fiscal year 2024 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed 2 percent of the
amount provided herein, shall be available proportional to the amount by which
the product of recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on the first
day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the payment of
benefits under the Railroad Retirement Act for interest earned on unnegotiated
checks, $150,000, to remain available through September 30, 2025, which shall be
the maximum amount available for payment pursuant to section 417 of Public Law
98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'') for
administration of the Railroad Retirement Act and the Railroad Unemployment
Insurance Act, $126,000,000, to be derived in such amounts as determined by the
Board from the railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this limitation
may be used to hire attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013: Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire students attending
qualifying educational institutions or individuals who have recently completed
qualifying educational programs using current excepted hiring authorities
established by the Office of Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for audit,
investigatory and review activities, as authorized by the Inspector General Act
of 1978, not more than $14,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, as provided under sections 201(m)
and 1131(b)(2) of the Social Security Act, $10,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act, section 401
of Public Law 92-603, section 212 of Public Law 93-66, as amended, and section
405 of Public Law 95-216, including payment to the Social Security trust funds
for administrative expenses incurred pursuant to section 201(g)(1) of the Social
Security Act, $45,365,042,000, to remain available until expended: Provided,
That any portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the Treasury:
Provided further, That not more than $91,000,000 shall be available for research
and demonstrations under sections 1110, 1115, and 1144 of the Social Security
Act, and remain available through September 30, 2026.
For making, after June 15 of the current fiscal year, benefit payments to
individuals under title XVI of the Social Security Act, for unanticipated costs
incurred for the current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social Security Act for
the first quarter of fiscal year 2025, $21,700,000,000, to remain available
until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two passenger
motor vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $14,075,978,000 may be expended, as
authorized by section 201(g)(1) of the Social Security Act, from any one or all
of the trust funds referred to in such section: Provided, That not less than
$2,700,000 shall be for the Social Security Advisory Board: Provided further,
That unobligated balances of funds provided under this paragraph at the end of
fiscal year 2024 not needed for fiscal year 2024 shall remain available until
expended to invest in the Social Security Administration information technology
and telecommunications hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided further,
That the Commissioner of Social Security shall notify the Committees on
Appropriations of the House of Representatives and the Senate prior to making
unobligated balances available under the authority in the previous proviso:
Provided further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support services
for labor organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by the Secretary of
the Treasury, with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
From funds provided under the first paragraph under this heading, not more
than $1,851,000,000, to remain available through March 31, 2025, is for the
costs associated with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing disability reviews to
determine whether earnings derived from services demonstrate an individual's
ability to engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the Social
Security Act, for the cost of co-operative disability investigation units, and
for the cost associated with the prosecution of fraud in the programs and
operations of the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and
Emergency Deficit Control Act of 1985 and $1,578,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(B) of such Act:
Provided further, That, of the additional new budget authority described in the
preceding proviso, up to $15,100,000 may be transferred to the ``Office of
Inspector General'', Social Security Administration, for the cost of jointly
operated co-operative disability investigation units: Provided further, That
such transfer authority is in addition to any other transfer authority provided
by law: Provided further, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were required by section
103(d)(2) of Public Law 104-121 for fiscal years 1996 through 2002: Provided
further, That none of the funds described in this paragraph shall be available
for transfer or reprogramming except as specified in this paragraph.
In addition, $150,000,000 to be derived from administration fees in excess
of $5.00 per supplementary payment collected pursuant to section 1616(d) of the
Social Security Act or section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that the amounts
collected pursuant to such sections in fiscal year 2024 exceed $150,000,000, the
amounts shall be available in fiscal year 2025 only to the extent provided in
advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected pursuant to
section 303(c) of the Social Security Protection Act, which shall remain
available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978, $32,000,000, together with
not to exceed $82,665,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund:
Provided, That $2,000,000 shall remain available until expended for information
technology modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total provided in this
appropriation may be transferred from the ``Limitation on Administrative
Expenses'', Social Security Administration, to be merged with this account, to
be available for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted promptly to the
Committees on Appropriations of the House of Representatives and the Senate at
least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior appropriations
to accounts corresponding to current appropriations provided in this Act. Such
transferred balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly so
provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used, other
than for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the enactment of
legislation before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local legislature
itself, or designed to support or defeat any proposed or pending regulation,
administrative action, or order issued by the executive branch of any State or
local government, except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred
pursuant to section 4002 of Public Law 111-148 shall be used to pay the salary
or expenses of any grant or contract recipient, or agent acting for such
recipient, related to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action, or Executive
order proposed or pending before the Congress or any State government, State
legislature or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include any activity
to advocate or promote any proposed, pending or future Federal, State or local
tax increase, or any proposed, pending, or future requirement or restriction on
any legal consumer product, including its sale or marketing, including but not
limited to the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to make
available not to exceed $28,000 and $20,000, respectively, from funds available
for salaries and expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the Federal Mediation and
Conciliation Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make available for
official reception and representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for proposals,
bid solicitations and other documents describing projects or programs funded in
whole or in part with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or program;
and
(3) percentage and dollar amount of the total costs of the project
or program that will be financed by non-governmental sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act, shall be
expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the funds in any
trust fund to which funds are appropriated in this Act, shall be expended for
health benefits coverage that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package of services
covered by a managed care provider or organization pursuant to a contract or
other arrangement.
Sec. 507. (a) The limitations established in the preceding section shall not
apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest; or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death
unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as prohibiting the
expenditure by a State, locality, entity, or private person of State, local, or
private funds (other than a State's or locality's contribution of Medicaid
matching funds).
(c) Nothing in the preceding section shall be construed as restricting the
ability of any managed care provider from offering abortion coverage or the
ability of a State or locality to contract separately with such a provider for
such coverage with State funds (other than a State's or locality's contribution
of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be made available to
a Federal agency or program, or to a State or local government, if such agency,
program, or government subjects any institutional or individual health care
entity to discrimination on the basis that the health care entity does not
provide, pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a provider-
sponsored organization, a health maintenance organization, a health insurance
plan, or any other kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be used for--
(1) the creation of a human embryo or embryos for research purposes;
or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death greater
than that allowed for research on fetuses in utero under 45 CFR
46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo or embryos''
includes any organism, not protected as a human subject under 45 CFR 46 as of
the date of the enactment of this Act, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be used for
any activity that promotes the legalization of any drug or other substance
included in schedule I of the schedules of controlled substances established
under section 202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of such drug
or other substance or that federally sponsored clinical trials are being
conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used to
promulgate or adopt any final standard under section 1173(b) of the Social
Security Act providing for, or providing for the assignment of, a unique health
identifier for an individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted specifically approving
the standard.
Sec. 511. None of the funds made available in this Act may be obligated or
expended to enter into or renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United States and
is subject to the requirement in 38 U.S.C. 4212(d) regarding submission
of an annual report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 512. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry out the
Library Services and Technology Act may be made available to any library covered
by paragraph (1) of section 224(f) of such Act, as amended by the Children's
Internet Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2024, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the
Senate are consulted 15 days in advance of such reprogramming or of an
announcement of intent relating to such reprogramming, whichever occurs earlier,
and are notified in writing 10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain available for
obligation or expenditure in fiscal year 2024, or provided from any accounts in
the Treasury of the United States derived by the collection of fees available to
the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that--
(1) augments existing programs, projects (including construction
projects), or activities;
(2) reduces by 10 percent funding for any existing program, project,
or activity, or numbers of personnel by 10 percent as approved by
Congress; or
(3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities, or
projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the
Senate are consulted 15 days in advance of such reprogramming or of an
announcement of intent relating to such reprogramming, whichever occurs earlier,
and are notified in writing 10 days in advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be used to
request that a candidate for appointment to a Federal scientific advisory
committee disclose the political affiliation or voting history of the candidate
or the position that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to disseminate
information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department and
related agency funded through this Act shall submit an operating plan that
details at the program, project, and activity level any funding allocations for
fiscal year 2024 that are different than those specified in this Act, the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act) or the fiscal year 2024 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on Appropriations of
the House of Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000, individually
or in total for a particular project, activity, or programmatic initiative, in
value and awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2024, but not to include grants awarded on a formula
basis or directed by law. Such report shall include the name of the contractor
or grantee, the amount of funding, the governmental purpose, including a
justification for issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be expended or
obligated by the Commissioner of Social Security, for purposes of administering
Social Security benefit payments under title II of the Social Security Act, to
process any claim for credit for a quarter of coverage based on work performed
under a social security account number that is not the claimant's number and the
performance of such work under such number has formed the basis for a conviction
of the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used by the
Commissioner of Social Security or the Social Security Administration to pay the
compensation of employees of the Social Security Administration to administer
Social Security benefit payments, under any agreement between the United States
and Mexico establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for such
agreement.
Sec. 520. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order 13589, Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012, and requirements
contained in the annual appropriations bills relating to conference attendance
and expenditures:
(1) the operating divisions of HHS shall be considered independent
agencies; and
(2) attendance at and support for scientific conferences shall be
tabulated separately from and not included in agency totals.
Sec. 522. Federal agencies funded under this Act shall clearly state within
the text, audio, or video used for advertising or educational purposes,
including emails or Internet postings, that the communication is printed,
published, or produced and disseminated at United States taxpayer expense. The
funds used by a Federal agency to carry out this requirement shall be derived
from amounts made available to the agency for advertising or other
communications regarding the programs and activities of the agency.
Sec. 523. (a) Federal agencies may use Federal discretionary funds that are
made available in this Act to carry out up to 10 Performance Partnership Pilots.
Such Pilots shall be governed by the provisions of section 526 of division H of
Public Law 113-76, except that in carrying out such Pilots section 526 shall be
applied by substituting ``Fiscal Year 2024'' for ``Fiscal Year 2014'' in the
title of subsection (b) and by substituting ``September 30, 2028'' for
``September 30, 2018'' each place it appears: Provided, That such pilots shall
include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary funds that
are made available in this Act to participate in Performance Partnership Pilots
that are being carried out pursuant to the authority provided by section 526 of
division H of Public Law 113-76, section 524 of division G of Public Law 113-
235, section 525 of division H of Public Law 114-113, section 525 of division H
of Public Law 115-31, section 525 of division H of Public Law 115-141, section
524 of division A of Public Law 116-94, section 524 of division H of Public Law
116-260, section 523 of division H of Public Law 117-103,and section 523 of
division H of Public Law 117-328.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an additional 5
years to operate under such authorities.
Sec. 524. Not later than 30 days after the end of each calendar quarter,
beginning with the first month of fiscal year 2024 the Departments of Labor,
Health and Human Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House of Representatives
and Senate a report on the status of balances of appropriations: Provided, That
for balances that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with fiscal year
2012, or, to the extent feasible, earlier fiscal years) from which balances were
derived.
Sec. 525. The Departments of Labor, Health and Human Services, and
Education shall provide to the Committees on Appropriations of the House of
Representatives and the Senate a comprehensive list of any new or competitive
grant award notifications, including supplements, issued at the discretion of
such Departments not less than 3 full business days before any entity selected
to receive a grant award is announced by the Department or its offices (other
than emergency response grants at any time of the year or for grant awards made
during the last 10 business days of the fiscal year, or if applicable, of the
program year).
Sec. 526. Notwithstanding any other provision of this Act, no funds
appropriated in this Act shall be used to purchase sterile needles or syringes
for the hypodermic injection of any illegal drug: Provided, That such
limitation does not apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local health department, in
consultation with the Centers for Disease Control and Prevention, determines
that the State or local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or an HIV outbreak due
to injection drug use, and such program is operating in accordance with State
and local law.
Sec. 527. Each department and related agency funded through this Act shall
provide answers to questions submitted for the record by members of the
Committee within 45 business days after receipt.
Sec. 528. Of amounts deposited in the Child Enrollment Contingency Fund
under section 2104(n)(2) of the Social Security Act and the income derived from
investment of those funds pursuant to section 2104(n)(2)(C) of that Act,
$14,224,000,000 shall not be available for obligation in this fiscal year.
(rescission)
Sec. 529. Of the unobligated balances of funds made available by sections
2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2704, 3101 and 9911 of the
American Rescue Plan Act of 2021 (Public Law 117-2), $4,309,000,000 are hereby
rescinded: Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to the
Committees on Appropriations of the House of Representatives and the Senate a
report specifying the unobligated balances rescinded pursuant to this section by
both account and amount from each applicable appropriation in Public Law 117-2.
(rescission)
Sec. 530. Of the unobligated balances of amounts made available in section
10301(1)(A)(ii) of Public Law 117-169, $10,000,000,000 are hereby rescinded.
Sec. 531. (a) This section applies to: (1) the Administration for Children
and Families in the Department of Health and Human Services; and (2) the Chief
Evaluation Office and the statistical-related cooperative and interagency
agreements and contracting activities of the Bureau of Labor Statistics in the
Department of Labor.
(b) Amounts made available under this Act which are either appropriated,
allocated, advanced on a reimbursable basis, or transferred to the functions and
organizations identified in subsection (a) for research, evaluation, or
statistical purposes shall be available for obligation through September 30,
2028: Provided, That when an office referenced in subsection (a) receives
research and evaluation funding from multiple appropriations, such offices may
use a single Treasury account for such activities, with funding advanced on a
reimbursable basis.
(c) Amounts referenced in subsection (b) that are unexpended at the time of
completion of a contract, grant, or cooperative agreement may be deobligated and
shall immediately become available and may be reobligated in that fiscal year or
the subsequent fiscal year for the research, evaluation, or statistical purposes
for which such amounts are available.
This division may be cited as the ``Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 2024''.
DIVISION E--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $20,000; the President Pro
Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minority
Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority
Whip of the Senate, $10,000; President Pro Tempore Emeritus, $15,000; Chairmen
of the Majority and Minority Conference Committees, $5,000 for each Chairman;
and Chairmen of the Majority and Minority Policy Committees, $5,000 for each
Chairman; in all, $195,000.
For representation allowances of the Majority and Minority Leaders of the
Senate, $15,000 for each such Leader; in all, $30,000.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by law,
including agency contributions, $277,838,000, which shall be paid from this
appropriation as follows:
office of the vice president
For the Office of the Vice President, $3,000,000.
office of the president pro tempore
For the Office of the President Pro Tempore, $843,000.
office of the president pro tempore emeritus
For the Office of the President Pro Tempore Emeritus, $364,000.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $6,272,000.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,934,000.
committee on appropriations
For salaries of the Committee on Appropriations, $19,319,000.
conference committees
For the Conference of the Majority and the Conference of the Minority, at
rates of compensation to be fixed by the Chairman of each such committee,
$1,914,000 for each such committee; in all, $3,828,000.
offices of the secretaries of the conference of the majority and the conference
of the minority
For Offices of the Secretaries of the Conference of the Majority and the
Conference of the Minority, $952,000.
policy committees
For salaries of the Majority Policy Committee and the Minority Policy
Committee, $1,955,000 for each such committee; in all, $3,910,000.
office of the chaplain
For Office of the Chaplain, $606,000.
office of the secretary
For Office of the Secretary, $30,288,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $115,875,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for the
Minority, $2,644,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by law, and
related expenses, $86,003,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel of the
Senate, $8,650,000.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel, $1,365,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the
Senate
For expense allowances of the Secretary of the Senate, $7,500; Sergeant at
Arms and Doorkeeper of the Senate, $7,500; Secretary for the Majority of the
Senate, $7,500; Secretary for the Minority of the Senate, $7,500; in all,
$30,000.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate, or
conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate,
section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public
Law 96-304), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$174,000,000, of which $17,400,000 shall remain available until September 30,
2026.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International Narcotics
Control, $582,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate, $17,494,000, of
which $12,994,000 shall remain available until September 30, 2028, and of which
$4,500,000 shall remain available until expended: Provided, That of the amounts
made available under this heading, $112,000 shall be available for the
requirements associated with Public Law 117-326.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the
Senate, $194,942,000, of which $185,442,000 shall remain available until
September 30, 2028: Provided, That of the amounts made available under this
heading, $5,000,000, to remain available until expended, shall be for Senate
hearing room audiovisual equipment; $2,500,000, to remain available until
expended, shall be for a residential security system program; and $2,000,000, to
remain available until expended, shall be for a joint audible warning system.
miscellaneous items
For miscellaneous items, $26,517,000 which shall remain available until
September 30, 2026.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account, $552,600,000,
of which $20,128,000 shall remain available until September 30, 2026, and of
which $7,000,000 shall be allocated solely for the purpose of providing
financial compensation to Senate interns.
official mail costs
For expenses necessary for official mail costs of the Senate, $300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office expense
account to be used for deficit reduction or to reduce the federal debt
Sec. 101. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE--Contingent Expenses of
the Senate--senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years for which
such amounts are made available. Any unexpended balances under such allowances
remaining after the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third Supplemental Appropriation
Act, 1957 (2 U.S.C. 4107) and used for deficit reduction (or, if there is no
Federal budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
number of consultants
Sec. 102. Section 101(a) of the Supplemental Appropriations Act, 1977 (2
U.S.C. 6501(a)) is amended, in the first sentence, by striking ``nine'' and
inserting ``12''.
availability of authority of executive agencies to use appropriated amounts for
child care to the united states senate
Sec. 103. (a) Section 590(g) of title 40, United States Code, is amended by
adding at the end the following:
``(7) Application to senate.--This subsection shall apply with
respect to the Senate in the same manner as it applies to an Executive
agency, except that--
``(A) the authority granted to the Office of Personnel
Management shall be exercised with respect to the Senate, by the
Majority and Minority Leaders of the Senate, in accordance with
regulations promulgated by the Committee on Rules and
Administration of the Senate; and
``(B) amounts may be made available to implement this
subsection with respect to the Senate without advance notice to
the Committee on Appropriations of the House of
Representatives.''.
(b) Effective Date.--The amendments made by this section shall apply with
respect to fiscal year 2024 and each succeeding fiscal year.
security of office space rented by senators
Sec. 104. Section 3 of the Legislative Branch Appropriations Act, 1975 (2
U.S.C. 6317) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (12) as
subparagraphs (A) through (L), respectively;
(B) by striking ``The aggregate'' and inserting ``(1)
Subject to paragraph (2), the aggregate''; and
(C) by adding at the end the following:
``(2) The aggregate square feet of an office space for purposes of
paragraph (1) shall not include any portion of the office space used for
security or safety enhancements that are--
``(A) of a kind authorized by the Committee on Rules and
Administration of the Senate, which shall include an information
technology security closet and a secure lobby or reception area;
and
``(B) approved by the Sergeant at Arms and Doorkeeper of the
Senate.''; and
(2) in subsection (c)(1)--
(A) by striking ``The maximum'' and inserting ``(A) Subject
to subparagraph (B), the maximum''; and
(B) by adding at the end the following:
``(B) The portion of the cost of a rental described in
subparagraph (A) that is attributable to building security and
safety measures shall not be included in determining the annual
rate paid for the rental for purposes of subparagraph (A) if--
``(i) the costs are for building security and safety
measures--
``(I) of a kind authorized by the Committee
on Rules and Administration of the Senate, which
shall include guard services, access control,
and facility monitoring; and
``(II) approved by the Sergeant at Arms and
Doorkeeper of the Senate; and
``(ii) such costs are itemized separately in a
manner approved by the Sergeant at Arms and Doorkeeper
of the Senate.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives, $1,850,998,000,
as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $36,560,000, including:
Office of the Speaker, $10,499,000, including $35,000 for official expenses of
the Speaker; Office of the Majority Floor Leader, $3,730,000, including $15,000
for official expenses of the Majority Leader; Office of the Minority Floor
Leader, $10,499,000, including $17,500 for official expenses of the Minority
Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip,
$3,099,000, including $5,000 for official expenses of the Majority Whip; Office
of the Minority Whip, including the Chief Deputy Minority Whip, $2,809,000,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $2,962,000; Democratic Caucus, $2,962,000: Provided, That such
amount for salaries and expenses shall remain available from January 3, 2024
until January 2, 2025.
Members' Representational Allowances
including members' clerk hire, official expenses of members, and official mail
For Members' representational allowances, including Members' clerk hire,
official expenses, and official mail, $810,000,000.
Allowance for Compensation of Interns in Member Offices
For the allowance established under section 120 of the Legislative Branch
Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of interns who
serve in the offices of Members of the House of Representatives, $20,638,800, to
remain available through January 2, 2025: Provided, That notwithstanding
section 120(b) of such Act, an office of a Member of the House of
Representatives may use not more than $46,800 of the allowance available under
this heading during legislative year 2024.
Allowance for Compensation of Interns in House Leadership Offices
For the allowance established under section 113 of the Legislative Branch
Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of interns who
serve in House leadership offices, $586,000, to remain available through January
2, 2025: Provided, That of the amount provided under this heading, $322,300
shall be available for the compensation of interns who serve in House leadership
offices of the majority, to be allocated among such offices by the Speaker of
the House of Representatives, and $263,700 shall be available for the
compensation of interns who serve in House leadership offices of the minority,
to be allocated among such offices by the Minority Floor Leader.
Allowance for Compensation of Interns in House Standing, Special and Select
Committee Offices
For the allowance established under section 113(a)(1) of the Legislative
Branch Appropriations Act, 2022 (Public Law 117-103) for the compensation of
interns who serve in offices of standing, special, and select committees (other
than the Committee on Appropriations), $2,600,000, to remain available through
January 2, 2025: Provided, That of the amount provided under this heading,
$1,300,000 shall be available for the compensation of interns who serve in
offices of the majority, and $1,300,000 shall be available for the compensation
of interns who serve in offices of the minority, to be allocated among such
offices by the Chair, in consultation with the ranking minority member, of the
Committee on House Administration.
Allowance for Compensation of Interns in House Appropriations Committee Offices
For the allowance established under section 113(a)(2) of the Legislative
Branch Appropriations Act, 2022 (Public Law 117-103) for the compensation of
interns who serve in offices of the Committee on Appropriations, $463,000:
Provided, That of the amount provided under this heading, $231,500 shall be
available for the compensation of interns who serve in offices of the majority,
and $231,500 shall be available for the compensation of interns who serve in
offices of the minority, to be allocated among such offices by the Chair, in
consultation with the ranking minority member, of the Committee on
Appropriations.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and select,
authorized by House resolutions, $180,587,000: Provided, That such amount shall
remain available for such salaries and expenses until December 31, 2024, except
that $5,800,000 of such amount shall remain available until expended for
committee room upgrading.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations, $31,294,000,
including studies and examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance with section 202(b) of
the Legislative Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31, 2024.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as authorized by
law, $324,879,000, including: for salaries and expenses of the Office of the
Clerk, including the positions of the Chaplain and the Historian, and including
not more than $25,000 for official representation and reception expenses, of
which not more than $20,000 is for the Family Room and not more than $2,000 is
for the Office of the Chaplain, $41,455,000, of which $9,000,000 shall remain
available until expended; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages and the
Office of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $38,793,000, of which $22,232,000 shall
remain available until expended; for salaries and expenses of the Office of the
Chief Administrative Officer including not more than $3,000 for official
representation and reception expenses, $213,072,000, of which $26,477,000 shall
remain available until expended; for salaries and expenses of the Office of the
Whistleblower Ombuds, $1,250,000; for salaries and expenses of the Office of the
Inspector General, $5,512,000; for salaries and expenses of the Office of
General Counsel, $1,987,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the Digest
of Rules, and not more than $1,000 for official representation and reception
expenses, $2,240,000; for salaries and expenses of the Office of the Law
Revision Counsel of the House, $3,900,000; for salaries and expenses of the
Office of the Legislative Counsel of the House, $14,671,000, of which $2,000,000
shall remain available until expended; for salaries and expenses of the Office
of Interparliamentary Affairs, $934,000; for other authorized employees,
$1,065,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or law,
$433,390,200, including: supplies, materials, administrative costs and Federal
tort claims, $1,555,000; official mail for committees, leadership offices, and
administrative offices of the House, $190,000; Government contributions for
health, retirement, Social Security, contractor support for actuarial
projections, and other applicable employee benefits, $392,368,200, to remain
available until March 31, 2025, except that $37,000,000 of such amount shall
remain available until expended; salaries and expenses for Business Continuity
and Disaster Recovery, $27,264,000, of which $6,000,000 shall remain available
until expended; transition activities for new members and staff, $5,895,000, to
remain available until expended; Green and Gold Congressional Aide Program,
$3,356,000, to remain available until expended; Office of Congressional Ethics,
$1,762,000; and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary receptions, and
gratuities to heirs of deceased employees of the House, $1,000,000.
House of Representatives Modernization Initiatives Account
For the House of Representatives Modernization Initiatives Account
established under section 115 of the Legislative Branch Appropriations Act, 2021
(2 U.S.C. 5513), $10,000,000, to remain available until expended: Provided,
That disbursement from this account is subject to approval of the Committee on
Appropriations of the House of Representatives: Provided further, That funds
provided in this account shall only be used for initiatives approved by the
Committee on House Administration.
Administrative Provisions
requiring amounts remaining in members' representational allowances to be used
for deficit reduction or to reduce the federal debt
Sec. 110. (a) Notwithstanding any other provision of law, any amounts
appropriated under this Act for ``HOUSE OF REPRESENTATIVES--Salaries and
Expenses--members' representational allowances'' shall be available only for
fiscal year 2024. Any amount remaining after all payments are made under such
allowances for fiscal year 2024 shall be deposited in the Treasury and used for
deficit reduction (or, if there is no Federal budget deficit after all such
payments have been made, for reducing the Federal debt, in such manner as the
Secretary of the Treasury considers appropriate).
(b) The Committee on House Administration of the House of Representatives
shall have authority to prescribe regulations to carry out this section.
(c) As used in this section, the term ``Member of the House of
Representatives'' means a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
limitation on amount available to lease vehicles
Sec. 111. None of the funds made available in this Act may be used by the
Chief Administrative Officer of the House of Representatives to make any
payments from any Members' Representational Allowance for the leasing of a
vehicle, excluding mobile district offices, in an aggregate amount that exceeds
$1,000 for the vehicle in any month.
cybersecurity assistance for house of representatives
Sec. 112. The head of any Federal entity that provides assistance to the
House of Representatives in the House's efforts to deter, prevent, mitigate, or
remediate cybersecurity risks to, and incidents involving, the information
systems of the House shall take all necessary steps to ensure the constitutional
integrity of the separate branches of the government at all stages of providing
the assistance, including applying minimization procedures to limit the spread
or sharing of privileged House and Member information.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee, $4,283,000, to be
disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2025
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States, January 20,
2025, in accordance with such program as may be adopted by the joint
congressional committee authorized to conduct the inaugural ceremonies of 2025,
$3,675,000 to be disbursed by the Secretary of the Senate and to remain
available until September 30, 2025: Provided, That funds made available under
this heading shall be available for payment, on a direct or reimbursable basis,
whether incurred on, before, or after, October 1, 2024: Provided further, That
the compensation of any employee of the Committee on Rules and Administration of
the Senate who has been designated to perform service with respect to the
inaugural ceremonies of 2025 shall continue to be paid by the Committee on Rules
and Administration, but the account from which such staff member is paid may be
reimbursed for the services of the staff member out of funds made available
under this heading: Provided further, That of the amounts made available under
the heading ``SENATE--Contingent Expenses of the Senate--inquiries and
investigations'', there are authorized to be paid sums as may be necessary,
without fiscal year limitation, for agency contributions related to the
compensation of employees of the joint congressional committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation, $13,554,000,
to be disbursed by the Chief Administrative Officer of the House of
Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the emergency
rooms, and for the Attending Physician and their assistants, including:
(1) an allowance of $3,500 per month to the Attending Physician;
(2) an allowance of $2,500 per month to the Senior Medical Officer;
(3) an allowance of $900 per month each to three medical officers
while on duty in the Office of the Attending Physician;
(4) an allowance of $900 per month to 2 assistants and $900 per
month each not to exceed 11 assistants on the basis heretofore provided
for such assistants; and
(5) $3,054,000 for reimbursement to the Department of the Navy for
expenses incurred for staff and equipment assigned to the Office of the
Attending Physician, which shall be advanced and credited to the
applicable appropriation or appropriations from which such salaries,
allowances, and other expenses are payable and shall be available for
all the purposes thereof, $4,764,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional Accessibility
Services, $1,766,000, to be disbursed by the Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including overtime,
hazardous duty pay, and Government contributions for health, retirement, social
security, professional liability insurance, and other applicable employee
benefits, $588,627,000, of which overtime shall not exceed $74,976,000 unless
the Committees on Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or a duly authorized designee:
Provided, That of the amounts made available under this heading, at least
$3,167,000 shall be available for overtime to support mission requirements
associated with the national political conventions and pre-inauguration
preparedness; and $15,000,000 shall be available for tuition reimbursement,
recruitment and retention bonuses and other retention focused salary related
items.
General Expenses
For necessary expenses of the Capitol Police, including motor vehicles,
communications and other equipment, security equipment and installation,
uniforms, weapons, supplies, materials, training, medical services, forensic
services, Member protection-related activities and equipment, stenographic
services, personal and professional services, the employee assistance program,
the awards program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement Training
Centers, and not more than $7,500 to be expended on the certification of the
Chief of the Capitol Police in connection with official representation and
reception expenses, $202,846,000, to be disbursed by the Chief of the Capitol
Police or a duly authorized designee: Provided, That, notwithstanding any other
provision of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Centers for fiscal year 2024 shall be paid by
the Secretary of Homeland Security from funds available to the Department of
Homeland Security: Provided further, That of the amounts made available under
this heading, $3,200,000 shall be available to support mission requirements
associated with the national political conventions and pre-inauguration
preparedness: Provided further, That none of the amounts made available under
this heading may be used to purchase a drone manufactured in the People's
Republic of China or by a business affiliated with the People's Republic of
China except for national security purposes.
OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS
Salaries and Expenses
For salaries and expenses necessary for the operation of the Office of
Congressional Workplace Rights, $8,150,000, of which $2,500,000 shall remain
available until September 30, 2025, and of which not more than $1,000 may be
expended on the certification of the Executive Director in connection with
official representation and reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the Congressional
Budget Office, including not more than $6,000 to be expended on the
certification of the Director of the Congressional Budget Office in connection
with official representation and reception expenses, $70,000,000: Provided,
That the Director shall use not less than $500,000 of the amount made available
under this heading for (1) improving technical systems, processes, and models
for the purpose of improving the transparency of estimates of budgetary effects
to Members of Congress, employees of Members of Congress, and the public, and
(2) to increase the availability of models, economic assumptions, and data for
Members of Congress, employees of Members of Congress, and the public.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal services,
at rates of pay provided by law; for all necessary expenses for surveys and
studies, construction, operation, and general and administrative support in
connection with facilities and activities under the care of the Architect of the
Capitol, including the Botanic Garden, Senate and House office buildings, and
other facilities under the jurisdiction of the Architect of the Capitol; for
furnishings and office equipment; for official reception and representation
expenses of not more than $5,000, to be expended as the Architect of the Capitol
may approve; for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $152,507,000, of which $3,100,000 shall remain available until
September 30, 2028: Provided, That $1,000,000 shall be for improvements to
rooms for nursing mothers and related resources across the Capitol complex.
Capitol Building
For all necessary expenses for the maintenance, care and operation of the
Capitol, $95,688,000, of which $46,599,000 shall remain available until
September 30, 2028, and of which $17,000,000 shall remain available until
expended.
Capitol Grounds
For all necessary expenses for care and improvement of grounds surrounding
the Capitol, the Senate and House office buildings, and the Capitol Power Plant,
$16,600,000, of which $2,000,000 shall remain available until September 30,
2028.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation of Senate
office buildings; and furniture and furnishings to be expended under the control
and supervision of the Architect of the Capitol, $138,751,000, of which
$52,825,000 shall remain available until September 30, 2028, and of which
$1,000,000 shall remain available until expended.
House Office Buildings
For all necessary expenses for the maintenance, care, and operation of the
House office buildings, $166,426,000, of which an amount equal to the balance of
the House Office Buildings Fund under section 176(d) of the Continuing
Appropriations Act, 2017 (2 U.S.C. 2001 note) as of the date of the enactment of
this Act shall be derived from such Fund, and of which $50,562,000 shall remain
available until September 30, 2028, and of which $41,800,000 shall remain
available until expended for the restoration and renovation of the Cannon House
Office Building.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation of the
Capitol Power Plant; and all electrical substations of the Capitol; lighting,
heating, power (including the purchase of electrical energy) and water and sewer
services for the Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate garage, and
air conditioning refrigeration not supplied from plants in any of such
buildings; heating the Government Publishing Office and Washington City Post
Office, and heating and chilled water for air conditioning for the Supreme Court
Building, the Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which shall be
advanced or reimbursed upon request of the Architect of the Capitol and amounts
so received shall be deposited into the Treasury to the credit of this
appropriation, $148,650,000, of which $43,400,000 shall remain available until
September 30, 2028: Provided, That not more than $10,000,000 of the funds
credited or to be reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2024.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural maintenance,
care and operation of the Library buildings and grounds, $94,978,000, of which
$27,800,000 shall remain available until September 30, 2028; and of which
$30,000,000 shall remain available until expended.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation of
buildings, grounds and security enhancements of the United States Capitol
Police, wherever located, the Alternate Computing Facility, and Architect of the
Capitol security operations, $85,207,000, of which $26,169,000 shall remain
available until September 30, 2028: Provided, That of such amount, $250,000
shall be for construction contingencies related to Project 116-DS: Provided
further, That none of the amounts made available under this heading may be used
to purchase a drone manufactured in the People's Republic of China or by a
business affiliated with the People's Republic of China except for national
security purposes.
Botanic Garden
For all necessary expenses for the maintenance, care and operation of the
Botanic Garden and the nurseries, buildings, grounds, and collections; and
purchase and exchange, maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on the Library,
$20,506,000, of which $4,900,000 shall remain available until September 30,
2028: Provided, That, of the amount made available under this heading, the
Architect of the Capitol may obligate and expend such sums as may be necessary
for the maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a duly authorized
designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor Center,
$28,000,000.
Administrative Provision
no bonuses for contractors behind schedule or over budget
Sec. 120. None of the funds made available in this Act for the Architect of
the Capitol may be used to make incentive or award payments to contractors for
work on contracts or programs for which the contractor is behind schedule or
over budget, unless the Architect of the Capitol, or agency-employed designee,
determines that any such deviations are due to unforeseeable events, government-
driven scope changes, or are not significant within the overall scope of the
project and/or program.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise provided
for, including development and maintenance of the Library's catalogs; custody
and custodial care of the Library buildings; information technology services
provided centrally; special clothing; cleaning, laundering and repair of
uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in the Library;
preparation and distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the income of
any trust fund held by the Board, $592,411,000, and, in addition, amounts
credited to this appropriation during fiscal year 2024 under the Act of June 28,
1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available until
expended: Provided, That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That of the total amount appropriated, not more than $18,000
may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses, including for
the Overseas Field Offices: Provided further, That of the total amount
appropriated, no less than $10,360,000 shall remain available until expended for
the Teaching with Primary Sources program, of which $2,379,000 shall be for the
Lewis-Houghton Civics and Democracy Initiative: Provided further, That of the
total amount appropriated, $1,509,000 shall remain available until expended for
upgrade of the Legislative Branch Financial Management System: Provided
further, That of the total amount appropriated, no less than $150,000 shall
remain available until expended for the Surplus Books Program to promote the
program and facilitate a greater number of donations to eligible entities across
the United States: Provided further, That of the total amount appropriated,
$4,205,000 shall remain available until expended for the Veterans History
Project to continue digitization efforts of already collected materials, reach a
greater number of veterans to record their stories, and promote public access to
the Project: Provided further, That of the total amount appropriated,
$1,500,000 shall remain available until expended for the COVID-19 American
History Project: Provided further, That of such amount, $5,000,000 shall be
available until expended for the development and implementation of a pilot data
storage and migration method initiative.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $103,128,000, of which
not more than $38,025,000, to remain available until expended, shall be derived
from collections credited to this appropriation during fiscal year 2024 under
sections 708(d) and 1316 of title 17, United States Code: Provided, That the
Copyright Office may not obligate or expend any funds derived from collections
under such section in excess of the amount authorized for obligation or
expenditure in appropriations Acts: Provided further, That not more than
$7,566,000 shall be derived from collections during fiscal year 2024 under
sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Provided
further, That the total amount available for obligation shall be reduced by the
amount by which collections are less than $45,591,000: Provided further, That
of the funds provided under this heading, not less than $10,300,000 is for
modernization initiatives, of which $9,300,000 shall remain available until
September 30, 2025: Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the purpose
of training nationals of developing countries in intellectual property laws and
policies: Provided further, That not more than $6,500 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for activities of the International
Copyright Institute and for copyright delegations, visitors, and seminars:
Provided further, That, notwithstanding any provision of chapter 8 of title 17,
United States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright Office
pursuant to sections 111, 119, and chapter 10 of such title may be used for the
costs incurred in the administration of the Copyright Royalty Judges program,
with the exception of the costs of salaries and benefits for the Copyright
Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section 203 of the
Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise and extend
the Annotated Constitution of the United States of America, $136,080,000:
Provided, That no part of such amount may be used to pay any salary or expense
in connection with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee on Rules
and Administration of the Senate: Provided further, That this prohibition does
not apply to publication of non-confidential Congressional Research Service
(CRS) products: Provided further, That a non-confidential CRS product includes
any written product containing research or analysis that is currently available
for general congressional access on the CRS Congressional Intranet, or that
would be made available on the CRS Congressional Intranet in the normal course
of business and does not include material prepared in response to Congressional
requests for confidential analysis or research.
National Library Service for the Blind and Print Disabled
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931 (chapter
400; 46 Stat. 1487; 2 U.S.C. 135a), $66,130,000: Provided, That of the total
amount appropriated, $650,000 shall be available to contract to provide
newspapers to blind and print disabled residents at no cost to the individual.
Administrative Provision
reimbursable and revolving fund activities
Sec. 130. (a) In General.--For fiscal year 2024, the obligational authority
of the Library of Congress for the activities described in subsection (b) may
not exceed $324,110,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources other
than appropriations to the Library in appropriations Acts for the legislative
branch.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the distribution
of congressional information in any format; publishing of Government
publications authorized by law to be distributed to Members of Congress; and
publishing, and distribution of Government publications authorized by law to be
distributed without charge to the recipient, $83,000,000: Provided, That this
appropriation shall not be available for paper copies of the permanent edition
of the Congressional Record for individual Representatives, Resident
Commissioners or Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall be available for
the payment of obligations incurred under the appropriations for similar
purposes for preceding fiscal years: Provided further, That notwithstanding the
2-year limitation under section 718 of title 44, United States Code, none of the
funds appropriated or made available under this Act or any other Act for
printing and binding and related services provided to Congress under chapter 7
of title 44, United States Code, may be expended to print a document, report, or
publication after the 27-month period beginning on the date that such document,
report, or publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title 44, United
States Code: Provided further, That unobligated or unexpended balances of
expired discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving Fund'' no later
than the end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to be available for
carrying out the purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and the Senate:
Provided further, That notwithstanding sections 901, 902, and 906 of title 44,
United States Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and indexing
of Government publications in any format, and their distribution to the public,
Members of Congress, other Government agencies, and designated depository and
international exchange libraries as authorized by law, $37,388,000: Provided,
That amounts of not more than $2,000,000 from current year appropriations are
authorized for producing and disseminating Congressional serial sets and other
related publications for the preceding two fiscal years to depository and other
designated libraries: Provided further, That unobligated or unexpended balances
of expired discretionary funds made available under this heading in this Act for
this fiscal year may be transferred to, and merged with, funds under the heading
``Government Publishing Office Business Operations Revolving Fund'' no later
than the end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated, to be available for
carrying out the purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and the Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $11,611,000, to remain available until expended, for information
technology development and facilities repair: Provided, That the Government
Publishing Office is hereby authorized to make such expenditures, within the
limits of funds available and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as provided by section
9104 of title 31, United States Code, as may be necessary in carrying out the
programs and purposes set forth in the budget for the current fiscal year for
the Government Publishing Office Business Operations Revolving Fund: Provided
further, That not more than $7,500 may be expended on the certification of the
Director of the Government Publishing Office in connection with official
representation and reception expenses: Provided further, That the Business
Operations Revolving Fund shall be available for the hire or purchase of not
more than 12 passenger motor vehicles: Provided further, That expenditures in
connection with travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the Business
Operations Revolving Fund shall be available for temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at rates for
individuals not more than the daily equivalent of the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of such title:
Provided further, That activities financed through the Business Operations
Revolving Fund may provide information in any format: Provided further, That
the Business Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may not be
used for contracted security services at Government Publishing Office's passport
facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office, including
not more than $12,500 to be expended on the certification of the Comptroller
General of the United States in connection with official representation and
reception expenses; temporary or intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not more than the
daily equivalent of the annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under sections
901(5), (6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6),
and (8)); and under regulations prescribed by the Comptroller General of the
United States, rental of living quarters in foreign countries, $811,894,000, of
which $5,000,000 shall remain available until expended: Provided, That, in
addition, $73,976,000 of payments received under sections 782, 791, 3521, and
9105 of title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and appropriations for
administrative expenses of any other department or agency which is a member of
the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of either Forum's costs
as determined by the respective Forum, including necessary travel expenses of
non-Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which costs
involved are initially financed.
CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND
For a payment to the Congressional Office for International Leadership Fund
for financing activities of the Congressional Office for International
Leadership under section 313 of the Legislative Branch Appropriations Act, 2001
(2 U.S.C. 1151), $6,000,000: Provided, That funds made available to support
Russian participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall not be
used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service Development
Trust Fund established under section 116 of the John C. Stennis Center for
Public Service Training and Development Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be used for
the maintenance or care of private vehicles, except for emergency assistance and
cleaning as may be provided under regulations relating to parking facilities for
the House of Representatives issued by the Committee on House Administration and
for the Senate issued by the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall remain
available for obligation beyond fiscal year 2024 unless expressly so provided in
this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not specifically
established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is
appropriated for or the rate of compensation or designation of any office or
position appropriated for is different from that specifically established by
such Act, the rate of compensation and the designation in this Act shall be the
permanent law with respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members, officers, and committees
of the Senate and House of Representatives, and clerk hire for Senators and
Members of the House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for any
consulting service through procurement contract, under section 3109 of title 5,
United States Code, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order issued
under existing law.
costs of legislative branch financial managers council
Sec. 205. Amounts available for administrative expenses of any legislative
branch entity which participates in the Legislative Branch Financial Managers
Council (LBFMC) established by charter on March 26, 1996, shall be available to
finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating legislative
branch entities (in such allocations among the entities as the entities may
determine) may not exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the funds made
available to the Architect of the Capitol in this Act may be used to eliminate
or restrict guided tours of the United States Capitol which are led by employees
and interns of offices of Members of Congress and other offices of the House of
Representatives and Senate, unless through regulations as authorized by section
402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the direction of the
Architect of the Capitol with the approval of the Capitol Police Board, guided
tours of the United States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or otherwise subject to
restriction for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of the Capitol.
limitation on telecommunications equipment procurement
Sec. 208. (a) None of the funds appropriated or otherwise made available
under this Act may be used to acquire telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation for a high or moderate impact
information system, as defined for security categorization in the National
Institute of Standards and Technology's (NIST) Federal Information Processing
Standard Publication 199, ``Standards for Security Categorization of Federal
Information and Information Systems'' unless the agency, office, or other entity
acquiring the equipment or system has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST to inform acquisition decisions for
high or moderate impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
Federal Bureau of Investigation and other appropriate agencies; and
(3) in consultation with the Federal Bureau of Investigation or
other appropriate Federal entity, conducted an assessment of any risk of
cyber-espionage or sabotage associated with the acquisition of such
telecommunications equipment for inclusion in a high or moderate impact
system, including any risk associated with such system being produced,
manufactured, or assembled by one or more entities identified by the
United States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China, the Islamic Republic of Iran, the Democratic
People's Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available under this
Act may be used to acquire a high or moderate impact information system reviewed
and assessed under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain risk
management experts, a mitigation strategy for any identified risks;
(2) determined, in consultation with NIST and the Federal Bureau of
Investigation, that the acquisition of such telecommunications equipment
for inclusion in a high or moderate impact system is in the vital
national security interest of the United States; and
(3) reported that determination to the Committees on Appropriations
of the House of Representatives and the Senate in a manner that
identifies the telecommunications equipment for inclusion in a high or
moderate impact system intended for acquisition and a detailed
description of the mitigation strategies identified in paragraph (1),
provided that such report may include a classified annex as necessary.
prohibition on certain operational expenses
Sec. 209. (a) None of the funds made available in this Act may be used to
maintain or establish a computer network unless such network blocks the viewing,
downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any
Federal, State, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecution, or adjudication activities or
other official government activities.
plastic waste reduction
Sec. 210. All agencies and offices funded by this Act that contract with a
food service provider or providers shall confer and coordinate with such food
service provider or providers, in consultation with disability advocacy groups,
to eliminate or reduce plastic waste, including waste from plastic straws,
explore the use of biodegradable items, and increase recycling and composting
opportunities.
This division may be cited as the ``Legislative Branch Appropriations Act,
2024''.
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign Service
not otherwise provided for, $9,413,107,000, of which $839,910,000 may remain
available until September 30, 2025, and of which up to $3,813,707,000 may remain
available until expended for Worldwide Security Protection: Provided, That
funds made available under this heading shall be allocated in accordance with
paragraphs (1) through (4), as follows:
(1) Human resources.--For necessary expenses for training, human
resources management, and salaries, including employment without regard
to civil service and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801 of the United
States Information and Educational Exchange Act of 1948 (62 Stat. 11;
Chapter 36), $3,336,128,000, of which up to $684,767,000 is for
Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as authorized
by law, $1,828,155,000.
(3) Diplomatic policy and support.--For necessary expenses for the
functional bureaus of the Department of State, including representation
to certain international organizations in which the United States
participates pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation, and disarmament
activities as authorized, $1,091,879,000.
(4) Security programs.--For necessary expenses for security
activities, $3,156,945,000, of which up to $3,128,940,000 is for
Worldwide Security Protection.
(5) Reprogramming.--Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4)
under this heading subject to section 7015 of this Act.
consular and border security programs
Of the amounts deposited in the Consular and Border Security Programs
account in this or any prior fiscal year pursuant to section 7069(e) of the
Department of State, Foreign Operations, and Related Programs Appropriations
Act, 2022 (division K of Public Law 117-103), $50,000,000 shall be available
until expended for the purposes of such account, including to reduce passport
backlogs and reduce visa wait times: Provided, That the Secretary of State may
by regulation authorize State officials or the United States Postal Service to
collect and retain the execution fee for each application for a passport
accepted by such officials or by that Service.
capital investment fund
For necessary expenses of the Capital Investment Fund, as authorized,
$389,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General, $131,670,000, of
which $16,025,000 may remain available until September 30, 2025, and of which
$24,835,000 may remain available until September 30, 2025 for the Special
Inspector General for Afghanistan Reconstruction (SIGAR): Provided, That funds
appropriated under this heading are made available notwithstanding section
209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it
relates to post inspections: Provided further, That funds appropriated under
this heading that are made available for the printing and reproduction costs of
SIGAR shall not exceed amounts for such costs during the prior fiscal year.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange programs, as
authorized, $741,000,000, to remain available until expended, of which not less
than $287,800,000 shall be for the Fulbright Program: Provided, That fees or
other payments received from, or in connection with, English teaching,
educational advising and counseling programs, and exchange visitor programs as
authorized may be credited to this account, to remain available until expended:
Provided further, That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie Fellowships,
following consultation with the Committees on Appropriations: Provided further,
That funds appropriated under this heading that are made available for the
Benjamin Gilman International Scholarships Program shall also be made available
for the John S. McCain Scholars Program, pursuant to section 7075 of the
Department of State, Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6): Provided further, That any
substantive modifications from the prior fiscal year to programs funded under
this heading in this Act shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $7,415,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,890,000, to remain available until September 30, 2025.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service Buildings Act of
1926 (22 U.S.C. 292 et seq.), preserving, maintaining, repairing, and planning
for real property that are owned or leased by the Department of State, and
renovating, in addition to funds otherwise available, the Harry S Truman
Building, $902,615,000, to remain available until September 30, 2028, of which
not to exceed $25,000 may be used for overseas representation expenses as
authorized: Provided, That none of the funds appropriated in this paragraph
shall be available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades, acquisition, and
construction as authorized, $1,055,206,000, to remain available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet unforeseen
emergencies arising in the Diplomatic and Consular Service, as authorized,
$8,885,000, to remain available until expended, of which not to exceed
$1,000,000 may be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account''.
repatriation loans program account
For the cost of direct loans, $1,800,000, as authorized: Provided, That
such costs, including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for the principal amount
of direct loans not to exceed $5,167,004.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public Law 96-
8), $35,964,000.
international center, washington, district of columbia
Not to exceed $1,842,732 shall be derived from fees collected from other
executive agencies for lease or use of facilities at the International Center in
accordance with section 4 of the International Center Act (Public Law 90-553),
and, in addition, as authorized by section 5 of such Act, $744,000, to be
derived from the reserve authorized by such section, to be used for the purposes
set out in that section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund, as
authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations, pursuant
to treaties ratified pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,543,452,000, of which $96,240,000
may remain available until September 30, 2025: Provided, That the Secretary of
State shall, at the time of the submission of the President's budget to Congress
under section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by the
United Nations for the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on Appropriations at least 15
days in advance (or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations budget:
Provided further, That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the United States and
the respective international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further,
That none of the funds appropriated under this heading shall be available for a
United States contribution to an international organization for the United
States share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984, through
external borrowings: Provided further, That funds made available under this
heading may be made available for United States contributions in support of the
International Energy Forum.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of international
peacekeeping activities directed to the maintenance or restoration of
international peace and security, $1,367,407,000, of which $683,704,000 may
remain available until September 30, 2025: Provided, That none of the funds
made available by this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least 15 days in advance
of voting for such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission, the
objectives of the mission, the national interest that will be served, and the
exit strategy; and (2) the sources of funds, including any reprogrammings or
transfers, that will be used to pay the cost of the new or expanded mission, and
the estimated cost in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the United
Nations is implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops serving in such
mission from trafficking in persons, exploiting victims of trafficking, or
committing acts of sexual exploitation and abuse or other violations of human
rights, and to hold accountable individuals who engage in such acts while
participating in such mission, including prosecution in their home countries and
making information about such prosecutions publicly available on the website of
the United Nations: Provided further, That the Secretary of State shall work
with the United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops have not
violated human rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that United
States manufacturers and suppliers are not being given opportunities to provide
equipment, services, and material for United Nations peacekeeping activities
equal to those being given to foreign manufacturers and suppliers: Provided
further, That none of the funds appropriated or otherwise made available under
this heading may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have submitted to the
President a recommendation that such involvement is in the national interest of
the United States and the President has submitted to Congress such a
recommendation: Provided further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular notification procedures
of the Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet obligations of
the United States arising under treaties, or specific Acts of Congress, as
follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the International
Boundary and Water Commission, United States and Mexico, and to comply with laws
applicable to the United States Section, including not to exceed $6,000 for
representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $64,800,000, of which
$9,720,000 may remain available until September 30, 2025.
construction
For detailed plan preparation and construction of authorized projects,
$156,050,000, to remain available until expended, as authorized: Provided, That
of the funds appropriated under this heading in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs for the United States Section, up to $5,000,000 may be transferred to,
and merged with, funds appropriated under the heading ``Salaries and Expenses''
to carry out the purposes of the United States Section, which shall be subject
to prior consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That such transfer authority is
in addition to any other transfer authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the International Joint
Commission and the International Boundary Commission, United States and Canada,
as authorized by treaties between the United States and Canada or Great Britain,
and for technical assistance grants and the Community Assistance Program of the
North American Development Bank, $16,204,000: Provided, That of the amount
provided under this heading for the International Joint Commission, up to
$1,250,000 may remain available until September 30, 2025, and up to $9,000 may
be made available for representation expenses: Provided further, That of the
amount provided under this heading for the International Boundary Commission, up
to $1,000 may be made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $65,719,000: Provided, That the
United States share of such expenses may be advanced to the respective
commissions pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for Global Media
(USAGM), as authorized, to carry out international communication activities, and
to make and supervise grants for radio, Internet, and television broadcasting to
the Middle East, $857,214,000, of which $42,861,000 may remain available until
September 30, 2025: Provided, That in addition to amounts otherwise available
for such purposes, up to $75,722,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions, global
network distribution, and Internet freedom programs, of which not less than
$43,500,000 shall be for Internet freedom programs: Provided further, That of
the total amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed $30,000 may be used
for representation expenses of Radio Free Europe/Radio Liberty: Provided
further, That funds appropriated under this heading shall be allocated in
accordance with the table included under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That notwithstanding the previous proviso,
funds may be reprogrammed within and between amounts designated in such table,
subject to the regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce a designated amount
by more than 5 percent: Provided further, That funds appropriated under this
heading shall be made available in accordance with the principles and standards
set forth in section 303(a) and (b) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act (22
U.S.C. 6204): Provided further, That the USAGM Chief Executive Officer shall
notify the Committees on Appropriations within 15 days of any determination by
the USAGM that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists or those
who support international terrorism, or is in violation of the principles and
standards set forth in section 303(a) and (b) of such Act or the entity's
journalistic code of ethics: Provided further, That in addition to funds made
available under this heading, and notwithstanding any other provision of law, up
to $5,000,000 in receipts from advertising and revenue from business ventures,
up to $500,000 in receipts from cooperating international organizations, and up
to $1,000,000 in receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, shall remain available until expended for
carrying out authorized purposes: Provided further, That significant
modifications to USAGM broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all USAGM language services shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That up to $7,000,000 from the USAGM Buying Power Maintenance
account may be transferred to, and merged with, funds appropriated by this Act
under the heading ``International Broadcasting Operations'', which shall remain
available until expended: Provided further, That such transfer authority is in
addition to any transfer authority otherwise available under any other provision
of law and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and improvement
of facilities for radio, television, and digital transmission and reception; the
purchase, rent, and installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as authorized; and
physical security worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia Foundation Act
(22 U.S.C. 4402), $22,000,000, to remain available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601 et seq.),
$55,000,000, to remain available until September 30, 2025, which shall not be
used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western Dialogue
Trust Fund, as authorized by section 633 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004
(22 U.S.C. 2078), the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2024, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as
authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990
(20 U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September 30, 2024, to
remain available until expended: Provided, That none of the funds appropriated
herein shall be used to pay any salary or other compensation, or to enter into
any contract providing for the payment thereof, in excess of the rate authorized
by section 5376 of title 5, United States Code; or for purposes which are not in
accordance with section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and earnings accruing to
the Israeli Arab Scholarship Fund on or before September 30, 2024, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the provisions
of the Center for Cultural and Technical Interchange Between East and West Act
of 1960, by grant to the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $22,000,000.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment for
Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C.
4412), $315,000,000, to remain available until expended, of which $210,316,000
shall be allocated in the traditional and customary manner, including for the
core institutes, and $104,684,000 shall be for democracy programs: Provided,
That the requirements of section 7062(a) of this Act shall not apply to funds
made available under this heading.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of America's
Heritage Abroad, as authorized by chapter 3123 of title 54, United States Code,
$770,000, of which $116,000 may remain available until September 30, 2025:
Provided, That the Commission may procure temporary, intermittent, and other
services notwithstanding paragraph (3) of section 312304(b) of such chapter:
Provided further, That such authority shall terminate on October 1, 2024:
Provided further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on International
Religious Freedom, as authorized by title II of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431 et seq.), $4,000,000, to remain available
until September 30, 2025, including not more than $4,000 for representation
expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation in
Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.), $2,908,000,
including not more than $6,000 for representation expenses, to remain available
until September 30, 2025.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on the
People's Republic of China, as authorized by title III of the U.S.-China
Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000, including not more
than $3,000 for representation expenses, to remain available until September 30,
2025.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and Security
Review Commission, as authorized by section 1238 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000,
including not more than $4,000 for representation expenses, to remain available
until September 30, 2025: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through fifth provisos under
this heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117) shall
continue in effect during fiscal year 2024 and shall apply to funds appropriated
under this heading.
Commission on Reform and Modernization of the Department of State
salaries and expenses
For necessary expenses of the Commission on Reform and Modernization of the
Department of State, as authorized by section 9803 of the Department of State
Authorization Act of 2022 (title XCVIII of division I of Public Law 117-263),
$2,000,000, to remain available until September 30, 2025.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of the
Foreign Assistance Act of 1961, $1,695,000,000, of which up to $254,250,000 may
remain available until September 30, 2025: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital Investment
Fund'' in this title may be made available to finance the construction
(including architect and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International Development,
unless the USAID Administrator has identified such proposed use of funds in a
report submitted to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further, That contracts or
agreements entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the following fiscal year:
Provided further, That the authority of sections 610 and 109 of the Foreign
Assistance Act of 1961 may be exercised by the Secretary of State to transfer
funds appropriated to carry out chapter 1 of part I of such Act to ``Operating
Expenses'' in accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under this heading,
not to exceed $250,000 may be available for representation and entertainment
expenses, of which not to exceed $5,000 may be available for entertainment
expenses, and not to exceed $100,500 shall be for official residence expenses,
for USAID during the current fiscal year: Provided further, That of the funds
appropriated under this heading, up to $20,000,000 may be transferred to, and
merged with, funds appropriated or otherwise made available in title II of this
Act under the heading ``Capital Investment Fund'', subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
capital investment fund
For necessary expenses for overseas construction and related costs, and for
the procurement and enhancement of information technology and related capital
investments, pursuant to section 667 of the Foreign Assistance Act of 1961,
$259,100,000, to remain available until expended: Provided, That this amount is
in addition to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available subject to the
regular notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of the
Foreign Assistance Act of 1961, $85,500,000, of which up to $12,825,000 may
remain available until September 30, 2025, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the provisions
of the Foreign Assistance Act of 1961, and for other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1 and 10 of
part I of the Foreign Assistance Act of 1961, for global health activities, in
addition to funds otherwise available for such purposes, $3,985,450,000, to
remain available until September 30, 2025, and which shall be apportioned
directly to the United States Agency for International Development: Provided,
That this amount shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and organizations
in developing countries, and for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration programs; (3)
other health, nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases including neglected
tropical diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and respond to
unanticipated and emerging global health threats, including zoonotic diseases;
and (8) family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for United States
contributions to The GAVI Alliance and to a multilateral vaccine development
partnership to support epidemic preparedness: Provided further, That none of
the funds made available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or program which,
as determined by the President of the United States, supports or participates in
the management of a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the previous proviso must be
made not later than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act of
1961: Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in order
to reduce reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of family
planning methods and services, and that any such voluntary family planning
project shall meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative estimates or
indicators for budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of total number of
births, number of family planning acceptors, or acceptors of a particular method
of family planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general welfare
or the right of access to health care, as a consequence of any individual's
decision not to accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that might render the use
of the method inadvisable and those adverse side effects known to be consequent
to the use of the method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only in the
context of a scientific study in which participants are advised of potential
risks and benefits; and, not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of this
proviso, the Administrator shall submit to the Committees on Appropriations a
report containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for natural
family planning under section 104 of the Foreign Assistance Act of 1961 no
applicant shall be discriminated against because of such applicant's religious
or conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about all pregnancy
options: Provided further, That information provided about the use of condoms
as part of projects or activities that are funded from amounts appropriated by
this Act shall be medically accurate and shall include the public health
benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment, and control of,
and research on, HIV/AIDS, $6,045,000,000, to remain available until September
30, 2028, which shall be apportioned directly to the Department of State:
Provided, That funds appropriated under this paragraph may be made available,
notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25), for a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the amount of
such contribution shall be $1,650,000,000: Provided further, That up to 5
percent of the aggregate amount of funds made available to the Global Fund in
fiscal year 2024 may be made available to USAID for technical assistance related
to the activities of the Global Fund, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That of the
funds appropriated under this paragraph, up to $22,000,000 may be made
available, in addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Global AIDS Coordinator, consistent
with the direction included under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this consolidated
Act).
development assistance
For necessary expenses to carry out the provisions of sections 103, 105,
106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign
Assistance Act of 1961, $3,931,000,000, to remain available until September 30,
2025: Provided, That funds made available under this heading shall be
apportioned to the United States Agency for International Development.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of the
Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $4,779,000,000, to remain
available until expended, of which $750,000,000 is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided, That funds
made available under this heading shall be apportioned to the United States
Agency for International Development not later than 60 days after the date of
enactment of this Act.
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition Initiatives,
United States Agency for International Development, pursuant to section 491 of
the Foreign Assistance Act of 1961, and to support transition to democracy and
long-term development of countries in crisis, $75,000,000, to remain available
until expended: Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes, revitalize basic
infrastructure, and foster the peaceful resolution of conflict: Provided
further, That the USAID Administrator shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new, or terminating a,
program of assistance: Provided further, That if the Secretary of State
determines that it is important to the national interest of the United States to
provide transition assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this Act to carry out
the provisions of part I of the Foreign Assistance Act of 1961 may be used for
purposes of this heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds made available
pursuant to the previous proviso shall be made available subject to prior
consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of section 509(b) of the
Global Fragility Act of 2019 (title V of division J of Public Law 116-94),
$55,000,000, to remain available until expended: Provided, That funds
appropriated under this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of this Act and section
620M of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading shall be apportioned to the United States Agency
for International Development.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of part II
of the Foreign Assistance Act of 1961, $3,890,400,000, to remain available until
September 30, 2025, of which $300,000,000 is designated by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
democracy fund
For necessary expenses to carry out the provisions of the Foreign Assistance
Act of 1961 for the promotion of democracy globally, including to carry out the
purposes of section 502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$205,200,000, to remain available until September 30, 2025, which shall be made
available for the Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State: Provided, That funds appropriated
under this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise made
available by this Act for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State, shall
consult with the Committees on Appropriations prior to the initial obligation of
funds appropriated under this paragraph.
For an additional amount for such purposes, $140,000,000, to remain
available until September 30, 2025, which shall be made available for the Bureau
for Democracy, Human Rights, and Governance, United States Agency for
International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign Assistance
Act of 1961, the FREEDOM Support Act (Public Law 102-511), and the Support for
Eastern European Democracy (SEED) Act of 1989 (Public Law 101-179),
$770,334,000, to remain available until September 30, 2025, which shall be
available, notwithstanding any other provision of law, except section 7047 of
this Act, for assistance and related programs for countries identified in
section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the
SEED Act of 1989 (22 U.S.C. 5402), in addition to funds otherwise available for
such purposes, of which $310,000,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That funds
appropriated by this Act under the headings ``Global Health Programs'',
``Economic Support Fund'', and ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for such countries shall be
administered in accordance with the responsibilities of the coordinator
designated pursuant to section 102 of the FREEDOM Support Act and section 601 of
the SEED Act of 1989: Provided further, That funds appropriated under this
heading shall be considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the administrative
authorities contained in that Act for the use of economic assistance: Provided
further, That funds appropriated under this heading may be made available for
contributions to multilateral initiatives to counter hybrid threats.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the Secretary
of State to carry out the provisions of section 2(a) and (b) of the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601), and other activities to
meet refugee and migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.); allowances as authorized by sections 5921 through 5925 of title 5, United
States Code; purchase and hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code, $3,928,000,000, to
remain available until expended, of which $750,000,000 is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided, That of the funds appropriated under this heading, $5,000,000
shall be made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), $100,000, to
remain available until expended: Provided, That amounts in excess of the
limitation contained in paragraph (2) of such section shall be transferred to,
and merged with, funds made available by this Act under the heading ``Migration
and Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace Corps Act
(22 U.S.C. 2501 et seq.), including the purchase of not to exceed five passenger
motor vehicles for administrative purposes for use outside of the United States,
$430,500,000, of which $7,800,000 is for the Office of Inspector General, to
remain available until September 30, 2025: Provided, That the Director of the
Peace Corps may transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not
to exceed $5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for representation
expenses, of which not to exceed $4,000 may be made available for entertainment
expenses: Provided further, That in addition to the requirements under section
7015(a) of this Act, the Peace Corps shall consult with the Committees on
Appropriations prior to any decision to open, close, or suspend a domestic or
overseas office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That none of the
funds appropriated under this heading shall be used to pay for abortions:
Provided further, That notwithstanding the previous proviso, section 614 of
division E of Public Law 113-76 shall apply to funds appropriated under this
heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $930,000,000, to remain
available until expended: Provided, That of the funds appropriated under this
heading, up to $143,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That section 605(e) of the
MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into pursuant to section
609 of the MCA (22 U.S.C. 7708) only if such Compact obligates, or contains a
commitment to obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration of the Compact:
Provided further, That of the funds appropriated under this heading, not to
exceed $100,000 may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment expenses:
Provided further, That the member of the Board described in section
604(c)(3)(B)(ii) of the Millennium Challenge Act of 2003 (22 U.S.C.
7703(c)(3)(B)(ii)), whose term began on September 16, 2019, shall continue to
serve in such appointment until December 31, 2024: Provided further, That in
the event that a new member of the Board described in section 604(c)(3)(B) of
such Act is appointed prior to December 31, 2024, the term of the member of the
Board whose term began on September 16, 2019, shall terminate as of the date of
such appointment.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-American
Foundation in accordance with the provisions of section 401 of the Foreign
Assistance Act of 1969, $47,000,000, to remain available until September 30,
2025: Provided, That of the funds appropriated under this heading, not to
exceed $2,000 may be available for representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development Foundation Act
(title V of Public Law 96-533; 22 U.S.C. 290h et seq.), $45,000,000, to remain
available until September 30, 2025, of which not to exceed $2,000 may be
available for representation expenses: Provided, That funds made available to
grantees may be invested pending expenditure for project purposes when
authorized by the Board of Directors of the United States African Development
Foundation (USADF): Provided further, That interest earned shall be used only
for the purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation Act (22
U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of Directors of the
USADF may waive the $250,000 limitation contained in that section with respect
to a project and a project may exceed the limitation by up to 10 percent if the
increase is due solely to foreign currency fluctuation: Provided further, That
the USADF shall submit a report to the appropriate congressional committees
after each time such waiver authority is exercised: Provided further, That the
USADF may make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in Africa as may
be necessary to carry out its functions: Provided further, That the USADF may
maintain bank accounts outside the United States Treasury and retain any
interest earned on such accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF may not withdraw
any appropriation from the Treasury prior to the need of spending such funds for
program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of the
Foreign Assistance Act of 1961, $38,000,000, to remain available until expended:
Provided, That amounts made available under this heading may be made available
to contract for services as described in section 129(d)(3)(A) of the Foreign
Assistance Act of 1961, without regard to the location in which such services
are performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--Debt
Restructuring'' there is appropriated $26,000,000, to remain available until
September 30, 2027, for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan guarantees for, or
credits extended to, such countries as the President may determine, including
the costs of selling, reducing, or canceling amounts owed to the United States
pursuant to multilateral debt restructurings, including Paris Club debt
restructurings and the ``Common Framework for Debt Treatments beyond the Debt
Service Suspension Initiative'': Provided, That such amounts may be used
notwithstanding any other provision of law.
tropical forest and coral reef conservation
For the costs, as defined in section 502 of the Congressional Budget Act of
1974, of modifying loans and loan guarantees, as the President may determine,
for which funds have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including the costs of
selling, reducing, or canceling amounts owed to the United States as a result of
concessional loans made to eligible countries pursuant to part V of the Foreign
Assistance Act of 1961, $15,000,000, to remain available until September 30,
2027.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign Assistance
Act of 1961, $1,400,000,000, to remain available until September 30, 2025, of
which $115,000,000 is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided, That the Department of State
may use the authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing such property to a
foreign country or international organization under chapter 8 of part I of such
Act, subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this heading, except
that any funds made available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities, utilizing
regional partners: Provided further, That funds made available under this
heading that are transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and any agreement made
pursuant to section 632(a) of such Act, shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further,
That funds made available under this heading for Program Development and Support
may be made available notwithstanding pre-obligation requirements contained in
this Act, except for the notification requirements of section 7015.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism, demining and
related programs and activities, $870,000,000, to remain available until
September 30, 2025, to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part
II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act
(22 U.S.C. 5854), section 23 of the Arms Export Control Act (22 U.S.C. 2763), or
the Foreign Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related activities,
notwithstanding any other provision of law, including activities implemented
through nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a
voluntary contribution to the International Atomic Energy Agency (IAEA):
Provided, That funds made available under this heading for the Nonproliferation
and Disarmament Fund shall be made available, notwithstanding any other
provision of law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to promote
bilateral and multilateral activities relating to nonproliferation, disarmament,
and weapons destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international organizations
when it is in the national security interest of the United States to do so:
Provided further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that Israel is
being denied its right to participate in the activities of that Agency:
Provided further, That funds made available for conventional weapons destruction
programs, including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative expenses
related to the operation and management of such programs and activities, subject
to the regular notification procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of the
Foreign Assistance Act of 1961, $410,458,000, of which $291,425,000 may remain
available until September 30, 2025: Provided, That funds appropriated under
this heading may be used, notwithstanding section 660 of the Foreign Assistance
Act of 1961, to provide assistance to enhance the capacity of foreign civilian
security forces, including gendarmes, to participate in peacekeeping operations:
Provided further, That of the funds appropriated under this heading, not less
than $34,000,000 shall be made available for a United States contribution to the
Multinational Force and Observers mission in the Sinai: Provided further, That
funds appropriated under this heading may be made available to pay assessed
expenses of international peacekeeping activities in Somalia under the same
terms and conditions, as applicable, as funds appropriated by this Act under the
heading ``Contributions for International Peacekeeping Activities'': Provided
further, That funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of the
Foreign Assistance Act of 1961, $119,152,000, to remain available until
September 30, 2025: Provided, That the civilian personnel for whom military
education and training may be provided under this heading may include civilians
who are not members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or respect
for human rights: Provided further, That of the funds appropriated under this
heading, $3,000,000 shall remain available until expended to increase the
participation of women in programs and activities funded under this heading,
following consultation with the Committees on Appropriations: Provided further,
That of the funds appropriated under this heading, not to exceed $50,000 may be
available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry out the
provisions of section 23 of the Arms Export Control Act (22 U.S.C. 2763),
$6,133,397,000, of which $275,000,000 is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That to expedite
the provision of assistance to foreign countries and international
organizations, the Secretary of State, following consultation with the
Committees on Appropriations and subject to the regular notification procedures
of such Committees, may use the funds appropriated under this heading to procure
defense articles and services to enhance the capacity of foreign security
forces: Provided further, That funds appropriated or otherwise made available
under this heading shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That funds made
available under this heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be available to
finance the procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act unless the foreign country proposing to make such
procurement has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be financed with such
funds: Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of section 7015
of this Act: Provided further, That funds made available under this heading may
be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include activities
implemented through nongovernmental and international organizations: Provided
further, That a country that is a member of the North Atlantic Treaty
Organization (NATO) or is a major non-NATO ally designated by section 517(b) of
the Foreign Assistance Act of 1961 may utilize funds made available under this
heading for procurement of defense articles, defense services, or design and
construction services that are not sold by the United States Government under
the Arms Export Control Act: Provided further, That funds appropriated under
this heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not more than
$72,000,000 of the funds appropriated under this heading may be obligated for
necessary expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general costs of
administering military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State may use funds
made available under this heading pursuant to the previous proviso for the
administrative and other operational costs of the Department of State related to
military assistance and sales, assistance under section 551 of the Foreign
Assistance Act of 1961, and Department of Defense security assistance programs,
in addition to funds otherwise available for such purposes: Provided further,
That up to $2,000,000 of the funds made available pursuant to the previous
proviso may be used for direct hire personnel, except that this limitation may
be exceeded by the Secretary of State following consultation with the Committees
on Appropriations: Provided further, That of the funds made available under
this heading for general costs of administering military assistance and sales,
not to exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses: Provided further,
That not more than $1,541,392,546 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be
obligated for expenses incurred by the Department of Defense during fiscal year
2024 pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of the
Foreign Assistance Act of 1961, $436,920,000: Provided, That section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund: Provided further, That not later than 60 days
after the date of enactment of this Act, such funds shall be made available for
core contributions for each entity listed in the table under this heading in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act) unless otherwise provided for in this Act, or if the
Secretary of State has justified to the Committees on Appropriations the
proposed uses of funds other than for core contributions following prior
consultation with, and subject to the regular notification procedures of, such
Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and Development as
trustee for the Global Environment Facility by the Secretary of the Treasury,
$150,200,000, to remain available until expended.
contribution to the clean technology fund
For contribution to the Clean Technology Fund, $125,000,000, to remain
available until expended: Provided, That up to $125,000,000 of such amount
shall be available to cover costs, as defined in section 502 of the
Congressional Budget Act of 1974, of direct loans issued to the Clean Technology
Fund: Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans without limitation.
contribution to the international bank for reconstruction and development
For payment to the International Bank for Reconstruction and Development by
the Secretary of the Treasury for the United States share of the paid-in portion
of the increases in capital stock, $206,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for Reconstruction and
Development may subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an amount
not to exceed $1,421,275,728.70.
contribution to the international development association
For payment to the International Development Association by the Secretary of
the Treasury, $1,380,256,000, to remain available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund by the
Secretary of the Treasury, $87,220,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the Treasury
for the United States share of the paid-in portion of the increases in capital
stock, $54,648,752, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may subscribe
without fiscal year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not to exceed
$856,174,624.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $197,000,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development by the
Secretary of the Treasury, $43,000,000, to remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by the
Secretary of the Treasury, $10,000,000, to remain available until expended.
treasury international assistance programs
For contributions by the Secretary of the Treasury to international
financial institutions and trust funds administered by such institutions, in
addition to amounts otherwise available for such purposes, $50,000,000, to
remain available until expended: Provided, That of the amount made available
under this heading, up to $50,000,000 may be available for the costs, as defined
in section 502 of the Congressional Budget Act of 1974, of loan guarantees to
the International Bank for Reconstruction and Development and the Asian
Development Bank: Provided further, That funds made available under this
heading may be transferred to, and merged with, funds provided under the heading
``Contribution to the International Development Association'' in this title and
under the headings ``Department of the Treasury, International Affairs Technical
Assistance'' and ``Department of the Treasury, Debt Restructuring'' in title III
of this Act: Provided further, That such transfer authority is in addition to
any transfer authority otherwise available in this Act and under any other
provision of law: Provided further, That funds made available under this
heading, including funds transferred pursuant to the second proviso, shall be
subject to prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $8,860,000,
of which up to $1,329,000 may remain available until September 30, 2025.
program account
The Export-Import Bank of the United States is authorized to make such
expenditures within the limits of funds and borrowing authority available to
such corporation, and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as provided by section
9104 of title 31, United States Code, as may be necessary in carrying out the
program for the current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon state as defined
in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible
to receive economic or military assistance under this Act, that has detonated a
nuclear explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed loan and
insurance programs, including hire of passenger motor vehicles and services as
authorized by section 3109 of title 5, United States Code, and not to exceed
$30,000 for official reception and representation expenses for members of the
Board of Directors, not to exceed $125,000,000, of which up to $18,750,000 may
remain available until September 30, 2025: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection with any
transaction for which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That notwithstanding subsection (b)
of section 117 of the Export Enhancement Act of 1992, subsection (a) of such
section shall remain in effect until September 30, 2024: Provided further, That
the Bank shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal services)
in connection with the collection of moneys owed the Bank, repossession or sale
of pledged collateral or other assets acquired by the Bank in satisfaction of
moneys owed the Bank, or the investigation or appraisal of any property, or the
evaluation of the legal, financial, or technical aspects of any transaction for
which an application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions: Provided
further, That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such purposes, to
remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-aid
grants as authorized by section 10 of the Export-Import Bank Act of 1945, as
amended, not to exceed $15,000,000, to remain available until September 30,
2027: Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds shall remain available until September 30,
2039, for the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2024 through 2027.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945 (Public
Law 79-173) and the Federal Credit Reform Act of 1990, in an amount not to
exceed the amount appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar basis by such
offsetting collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $7,200,000,
to remain available until September 30, 2025.
corporate capital account
The United States International Development Finance Corporation (the
Corporation) is authorized to make such expenditures and commitments within the
limits of funds and borrowing authority available to the Corporation, and in
accordance with the law, and to make such expenditures and commitments without
regard to fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs for the
current fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g) of
section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254) and for
administrative expenses to carry out authorized activities described in section
1434(d) of such Act, $983,250,000: Provided further, That of the amount
provided--
(1) $243,000,000 shall remain available until September 30, 2026,
for administrative expenses to carry out authorized activities
(including an amount for official reception and representation expenses
which shall not exceed $25,000); and
(2) $740,250,000 shall remain available until September 30, 2026,
for the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018, except such amounts obligated
in a fiscal year for activities described in section 1421(c) of such Act
shall remain available for disbursement for the term of the underlying
project: Provided further, That amounts made available under this
paragraph may be paid to the ``United States International Development
Finance Corporation--Program Account'' for programs authorized by
subsections (b), (e), (f), and (g) of section 1421 of the BUILD Act of
2018:
Provided further, That funds may only be obligated pursuant to section 1421(g)
of the BUILD Act of 2018 subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the
Committees on Appropriations: Provided further, That funds appropriated by this
Act and prior Acts making appropriations for the Department of State, foreign
operations, and related programs for support by the Corporation in upper-middle
income countries shall be subject to prior consultation with the Committees on
Appropriations: Provided further, That in fiscal year 2024 collections of
amounts described in section 1434(h) of the BUILD Act of 2018 shall be credited
as offsetting collections to this appropriation: Provided further, That such
collections collected in fiscal year 2024 in excess of $983,250,000 shall be
credited to this account and shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided further, That
in fiscal year 2024, if such collections are less than $983,250,000, receipts
collected pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of
1990, in an amount equal to such shortfall, shall be credited as offsetting
collections to this appropriation: Provided further, That fees charged for
project-specific transaction costs as described in section 1434(k) of the BUILD
Act of 2018, and other direct costs associated with origination or monitoring
services provided to specific or potential investors, shall not be considered
administrative expenses for the purposes of this heading: Provided further,
That such fees shall be credited to this account for such purposes, to remain
available until expended: Provided further, That funds appropriated or
otherwise made available under this heading may not be used to provide any type
of assistance that is otherwise prohibited by any other provision of law or to
provide assistance to any foreign country that is otherwise prohibited by any
other provision of law: Provided further, That the sums herein appropriated
from the General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in a final
fiscal year appropriation from the General Fund estimated at $556,450,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available until
September 30, 2026: Provided, That amounts paid to this account from CCA or
transferred to this account pursuant to section 1434(j) of the BUILD Act of 2018
(division F of Public Law 115-254) shall be available for the costs of direct
and guaranteed loans provided by the Corporation pursuant to section 1421(b) of
such Act and the costs of modifying loans and loan guarantees transferred to the
Corporation pursuant to section 1463 of such Act: Provided further, That such
costs, including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further, That
such amounts obligated in a fiscal year shall remain available for disbursement
for the following 8 fiscal years: Provided further, That funds made available
in this Act and transferred to carry out the Foreign Assistance Act of 1961
pursuant to section 1434(j) of the BUILD Act of 2018 may remain available for
obligation for 1 additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed $12,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661 of the
Foreign Assistance Act of 1961, $87,000,000, to remain available until September
30, 2025, of which no more than $24,500,000 may be used for administrative
expenses: Provided, That of the funds appropriated under this heading, not more
than $5,000 may be available for representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be available,
except as otherwise provided, for allowances and differentials as authorized by
subchapter 59 of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger transportation pursuant to
section 1343(b) of title 31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States Government to
which funds are appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances by program,
project, and activity, and Treasury Account Fund Symbol of all funds received by
such department or agency in fiscal year 2024 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the end of each fiscal
quarter and should specify by account the amount of funds obligated pursuant to
bilateral agreements which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of this Act
for any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--Notwithstanding
paragraph (2) of section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted
into law by section 1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act), as amended by section 111 of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323), a project to construct a facility of
the United States may include office space or other accommodations for members
of the United States Marine Corps.
(b) Consultation and Notifications.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, which may be made available for the
acquisition of property or award of construction contracts for overseas United
States diplomatic facilities during fiscal year 2024, shall be subject to prior
consultation with, and the regular notification procedures of, the Committees on
Appropriations: Provided, That notifications pursuant to this subsection shall
include the information enumerated under this section in the explanatory
statement described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That the Secretary of State shall consult
with the Committees on Appropriations at the early project development stage for
out-year construction projects, including to discuss security and non-security
construction requirements, modifications to scope, and cost reductions
identified for such projects, consistent with applicable laws and regulations:
Provided further, That the Secretary shall submit a quarterly report to the
Committees on Appropriations on contingency savings identified from funds
appropriated under the heading ``Embassy Security, Construction, and
Maintenance'' by prior Acts making appropriations for the Department of State,
foreign operations, and related programs, and the obligation of funds made
available by such savings shall be subject to prior consultation with the
Committees on Appropriations.
(c) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this Act under
the heading ``Embassy Security, Construction, and Maintenance'' may be
made available, following consultation with the appropriate
congressional committees, to address security vulnerabilities at interim
and temporary United States diplomatic facilities abroad, including
physical security upgrades and local guard staffing.
(2) Consultation.--Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim or
temporary United States diplomatic facility shall be subject to prior
consultation with the appropriate congressional committees and the
regular notification procedures of the Committees on Appropriations,
except that such consultation and notification may be waived if there is
a security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made available for
security upgrades to soft targets, including schools, recreational facilities,
residences, and places of worship used by United States diplomatic personnel and
their dependents.
(e) Report.--Of the funds appropriated by this Act under the heading
``Diplomatic Programs'', $100,000,000 may not be obligated until the Secretary
of State promulgates new guidance and requirements consistent with section 9301
of the Secure Embassy Construction and Counterterrorism Act of 2022 (title XCIII
of division I of Public Law 117-263) and submits to the appropriate
congressional committees a report detailing such guidance and requirements,
including the impact of implementation on United States diplomatic facilities
and construction projects.
(f) Facilities.--
(1) None of the funds made available by this Act may be used to move
the United States embassy in Israel to a location other than Jerusalem.
(2) Section 305 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law
100-459) is repealed.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded under title
I of this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total budgetary
resources available under title I to such department or agency: Provided, That
the authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes within the United States not authorized
before enactment of this Act by Congress: Provided, That up to $25,000 may be
made available to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C.
2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made available
pursuant to titles III through VI of this Act shall be obligated or expended to
finance directly any assistance or reparations for the governments of Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct loans, credits,
insurance, and guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act shall be obligated
or expended to finance directly any assistance to the government of any country
whose duly elected head of government is deposed by military coup d'etat or
decree or, after the date of enactment of this Act, a coup d'etat or decree in
which the military plays a decisive role: Provided, That assistance may be
resumed to such government if the Secretary of State certifies and reports to
the appropriate congressional committees that subsequent to the termination of
assistance a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to assistance to
promote democratic elections or public participation in democratic processes, or
to support a democratic transition: Provided further, That funds made available
pursuant to the previous provisos shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation with the heads
of relevant Federal agencies, may waive the restriction in this section on a
program-by-program basis if the Secretary certifies and reports to the
Committees on Appropriations that such waiver is in the national security
interest of the United States: Provided, That funds made available pursuant to
such waiver shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and United States Agency for Global
Media.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers, and
no such transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(B) Embassy security.--Funds appropriated under the headings
``Diplomatic Programs'', including for Worldwide Security
Protection, ``Embassy Security, Construction, and Maintenance'',
and ``Emergencies in the Diplomatic and Consular Service'' in
this Act may be transferred to, and merged with, funds
appropriated under such headings if the Secretary of State
determines and reports to the Committees on Appropriations that
to do so is necessary to implement the recommendations of the
Benghazi Accountability Review Board, for emergency evacuations,
or to prevent or respond to security situations and
requirements, following consultation with, and subject to the
regular notification procedures of, such Committees.
(C) Emergencies in the diplomatic and consular service.--Of
the amount made available under the heading ``Diplomatic
Programs'' for Worldwide Security Protection, not to exceed
$50,000,000 may be transferred to, and merged with, funds made
available by this Act under the heading ``Emergencies in the
Diplomatic and Consular Service'', to be available only for
emergency evacuations and rewards, as authorized.
(D) Capital investment fund.--Of the amount made available
under the heading, ``Diplomatic Programs'', up to $50,000,000
may be transferred to, and merged with, funds made available in
title I of this Act under the heading ``Capital Investment
Fund''.
(E) Prior consultation.--The transfer authorities provided
by subparagraphs (B), (C), and (D) are in addition to any
transfer authority otherwise available in this Act and under any
other provision of law and the exercise of such authority shall
be subject to prior consultation with the Committees on
Appropriations.
(2) United states agency for global media.--Not to exceed 5 percent
of any appropriation made available for the current fiscal year for the
United States Agency for Global Media under title I of this Act may be
transferred between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to this
subsection shall be treated as a reprogramming of funds under section
7015 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under titles II
through V of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph (1), in
addition to transfers made by, or authorized elsewhere in, this Act,
funds appropriated by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred to agencies of
the United States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j)
of the BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the United States
Agency for International Development or the Department of State with any
department, agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $1,000,000 and any agreement made pursuant to section
632(a) of such Act, with funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health Programs'',
``Development Assistance'', ``Economic Support Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department of State.
(c) United States International Development Finance Corporation.--
(1) Transfers.--Amounts transferred pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254) may only be
transferred from funds made available under title III of this Act:
Provided, That any such transfers, or any other amounts transferred to
the United States International Development Finance Corporation (the
Corporation) pursuant to any provision of law, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That the Secretary of
State, the Administrator of the United States Agency for International
Development, and the Chief Executive Officer of the Corporation, as
appropriate, shall ensure that the programs funded by such transfers are
coordinated with, and complement, foreign assistance programs
implemented by the Department of State and USAID.
(2) Transfer of funds from millennium challenge corporation.--Funds
appropriated under the heading ``Millennium Challenge Corporation'' in
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be transferred to
accounts under the heading ``United States International Development
Finance Corporation'' and, when so transferred, may be used for the
costs of activities described in subsections (b) and (c) of section 1421
of the BUILD Act of 2018: Provided, That such funds shall be subject to
the limitations provided in the second, third, and fifth provisos under
the heading ``United States International Development Finance
Corporation--Program Account'' in this Act: Provided further, That any
transfer executed pursuant to the transfer authority provided in this
paragraph shall not exceed 10 percent of an individual Compact awarded
pursuant to section 609(a) of the Millennium Challenge Act of 2003
(title VI of Public Law 108-199): Provided further, That such funds
shall not be available for administrative expenses of the United States
International Development Finance Corporation: Provided further, That
such authority shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by law:
Provided further, That within 60 days of the termination in whole or in
part of the Compact from which funds were transferred under this
authority to the United States International Development Finance
Corporation, any unobligated balances shall be transferred back to the
Millennium Challenge Corporation, subject to the regular notification
procedures of the Committees on Appropriations.
(d) Transfer of Funds Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an appropriations
account to which such funds were not appropriated, except for transfers
specifically provided for in this Act, unless the President, not less than 5
days prior to the exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations.
(e) Audit of Inter-Agency Transfers of Funds.--Any agreement for the
transfer or allocation of funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and related
programs entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section 632(a) of
the Foreign Assistance Act of 1961, or any comparable provision of law, shall
expressly provide that the Inspector General (IG) for the agency receiving the
transfer or allocation of such funds, or other entity with audit responsibility
if the receiving agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds and report to the Department of State
or USAID, as appropriate, upon completion of such audits: Provided, That such
audits shall be transmitted to the Committees on Appropriations by the
Department of State or USAID, as appropriate: Provided further, That funds
transferred under such authority may be made available for the cost of such
audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available by this
Act may be used for first-class travel by employees of United States Government
departments and agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this Act for the
operating expenses of any United States Government department or agency may be
used to establish or maintain a computer network for use by such department or
agency unless such network has filters designed to block access to sexually
explicit websites: Provided, That nothing in this subsection shall limit the
use of funds necessary for any Federal, State, Tribal, or local law enforcement
agency, or any other entity carrying out the following activities: criminal
investigations, prosecutions, and adjudications; administrative discipline; and
the monitoring of such websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made available
by this Act shall be available to promote the sale or export of tobacco or
tobacco products (including electronic nicotine delivery systems), or to seek
the reduction or removal by any foreign country of restrictions on the marketing
of tobacco or tobacco products (including electronic nicotine delivery systems),
except for restrictions which are not applied equally to all tobacco or tobacco
products (including electronic nicotine delivery systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds appropriated
by this Act under the headings ``Diplomatic Programs'' and ``Capital Investment
Fund'' in title I, and ``Operating Expenses'' and ``Capital Investment Fund'' in
title II that are made available to the Department of State and the United
States Agency for International Development may be made available to support the
use or establishment of email accounts or email servers created outside the .gov
domain or not fitted for automated records management as part of a Federal
government records management program in contravention of the Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal department,
agency, or entity funded in titles I or II of this Act, and the Department of
the Treasury and independent agencies funded in titles III or VI of this Act,
shall take steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and United States
foreign policy interests, and--
(1) are primarily for fostering relations outside of the Executive
Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) Limitations on Entertainment Expenses.--None of the funds appropriated
or otherwise made available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or expended
to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of
a recreational character, including entrance fees at sporting events,
theatrical and musical productions, and amusement parks.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall remain
available for obligation after the expiration of the current fiscal year unless
expressly so provided by this Act: Provided, That funds appropriated for the
purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9
of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act (22 U.S.C. 2763), and funds made available for ``United States
International Development Finance Corporation'' and under the heading
``Assistance for Europe, Eurasia and Central Asia'' shall remain available for
an additional 4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially obligated before the
expiration of their respective periods of availability contained in this Act:
Provided further, That notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 which are allocated or obligated
for cash disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise have expired,
if such funds are initially allocated or obligated before the expiration of
their respective periods of availability contained in this Act: Provided
further, That the Secretary of State and the Administrator of the United States
Agency for International Development shall provide a report to the Committees on
Appropriations not later than October 31, 2024, detailing by account and source
year, the use of this authority during the previous fiscal year: Provided
further, That an obligation in excess of $2,000,000 from deobligated balances of
funds appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs that remain
available due to the exercise of the authority of this section shall be subject
to the regular notification procedures of the Committees on Appropriations.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III through
VI in this Act shall be used to furnish assistance to the government of any
country which is in default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program for which
funds are appropriated under this Act unless the President determines, following
consultation with the Committees on Appropriations, that assistance for such
country is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds appropriated
under titles III through VI of this Act may be made available to provide
assistance for a foreign country under a new bilateral agreement governing the
terms and conditions under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided by the United
States shall be exempt from taxation, or reimbursed, by the foreign government,
and the Secretary of State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year 2024 on funds
appropriated by this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs by a foreign government or
entity against United States assistance programs, either directly or through
grantees, contractors, and subcontractors, shall be withheld from obligation
from funds appropriated for assistance for fiscal year 2025 and for prior fiscal
years and allocated for the central government of such country or for the West
Bank and Gaza program, as applicable, if, not later than September 30, 2025,
such taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature shall not be
subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each foreign
government or entity pursuant to subsection (b) shall be reprogrammed for
assistance for countries which do not assess taxes on United States assistance
or which have an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably accommodate such assistance
in a programmatically responsible manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not apply to
any foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of such
taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to exercising the
authority of this subsection with regard to any foreign government or
entity.
(f) Implementation.--The Secretary of State shall issue and update rules,
regulations, or policy guidance, as appropriate, to implement the prohibition
against the taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement'' refers to
a framework bilateral agreement between the Government of the United
States and the government of the country receiving assistance that
describes the privileges and immunities applicable to United States
foreign assistance for such country generally, or an individual
agreement between the Government of the United States and such
government that describes, among other things, the treatment for tax
purposes that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation'' shall
include value added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III through
VI of this Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any provision of this or
any other Act: Provided, That any such reprogramming shall be subject to the
regular notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this subsection shall
be made available under the same terms and conditions as originally provided.
(b) Extension of Availability.--In addition to the authority contained in
subsection (a), the original period of availability of funds appropriated by
this Act and administered by the Department of State or the United States Agency
for International Development that are specifically designated for particular
programs or activities by this or any other Act may be extended for an
additional fiscal year if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can be obligated
during the original period of availability: Provided, That such designated
funds that continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless such Act
specifically so directs: Provided, That specifically designated funding levels
or minimum funding requirements contained in any other Act shall not be
applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I, II, and VI, and under
the headings ``Peace Corps'' and ``Millennium Challenge Corporation'', of this
Act or prior Acts making appropriations for the Department of State, foreign
operations, and related programs to the departments and agencies funded by this
Act that remain available for obligation in fiscal year 2024, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees or of currency reflows or other offsetting collections, or made available
by transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus, centers,
or offices; or
(5) contract out or privatize any functions or activities presently
performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds provided
under titles I, II, and VI of this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related programs, to the
departments and agencies funded under such titles that remain available for
obligation in fiscal year 2024, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the department
and agency funded under title I of this Act, shall be available for obligation
or expenditure for programs, projects, or activities through a reprogramming of
funds in excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program, project,
or activity, or numbers of personnel by 10 percent as approved by
Congress; or
(4) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by this Act
under the headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Peace Corps'', ``Millennium Challenge Corporation'',
``International Narcotics Control and Law Enforcement'', ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'', ``Peacekeeping Operations'',
``International Military Education and Training'', ``Foreign Military Financing
Program'', ``International Organizations and Programs'', ``United States
International Development Finance Corporation'', and ``Trade and Development
Agency'' shall be available for obligation for programs, projects, activities,
type of materiel assistance, countries, or other operations not justified or in
excess of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees on
Appropriations are notified 15 days in advance of such obligation: Provided,
That the President shall not enter into any commitment of funds appropriated for
the purposes of section 23 of the Arms Export Control Act for the provision of
major defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are notified 15
days in advance of such commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act shall not apply to
any reprogramming for a program, project, or activity for which funds are
appropriated under titles III through VI of this Act of less than 10 percent of
the amount previously justified to Congress for obligation for such program,
project, or activity for the current fiscal year: Provided further, That any
notification submitted pursuant to subsection (f) of this section shall include
information (if known on the date of transmittal of such notification) on the
use of notwithstanding authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available to support or
continue any program initially funded under any authority of title 10,
United States Code, or any Act making or authorizing appropriations for
the Department of Defense, unless the Secretary of State, in
consultation with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a description
of, and the estimated costs associated with, the support or continuation
of such program.
(2) Funding.--Notwithstanding any other provision of law, funds
transferred by the Department of Defense to the Department of State and
the United States Agency for International Development for assistance
for foreign countries and international organizations shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to providing
excess Department of Defense articles in accordance with section 516(a)
of the Foreign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent and under the
same conditions as other committees pursuant to subsection (f) of that
section: Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with
the regular notification procedures of such Committees if such defense
articles are significant military equipment (as defined in section 47(9)
of the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is required
elsewhere in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles: Provided
further, That such Committees shall also be informed of the original
acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any similar provision of
this Act or any other Act, including any prior Act requiring notification in
accordance with the regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such waiver,
notification to the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action to which
such notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an explanation of
the emergency circumstances.
(f) Country Notification Requirements.--None of the funds appropriated under
titles III through VI of this Act may be obligated or expended for assistance
for Afghanistan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Nicaragua, Pakistan, Philippines, the Russian Federation, Rwanda, Somalia, South
Sudan, Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees on
Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in title
III of this Act and prior Acts making funds available for the Department of
State, foreign operations, and related programs that are made available for a
trust fund held by an international financial institution shall be subject to
the regular notification procedures of the Committees on Appropriations, and
such notification shall include the information specified under this section in
the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(h) Other Program Notification Requirements.--
(1) Diplomatic programs.--Funds appropriated under title I of this
Act under the heading ``Diplomatic Programs'' that are made available
for lateral entry into the Foreign Service shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that are made
available for the following programs and activities shall be subject to
the regular notification procedures of the Committees on Appropriations:
(A) the Global Engagement Center;
(B) the Power Africa and Prosper Africa initiatives;
(C) community-based police assistance conducted pursuant to
the authority of section 7035(a)(1) of this Act;
(D) the Prevention and Stabilization Fund and the Multi-
Donor Global Fragility Fund;
(E) the Indo-Pacific Strategy;
(F) the Countering PRC Influence Fund and the Countering
Russian Influence Fund;
(G) the Gender Equity and Equality Action Fund; and
(H) funds specifically allocated for the Partnership for
Global Infrastructure and Investment.
(3) Democracy program policy and procedures.--Modifications to
democracy program policy and procedures, including relating to the use
of consortia, by the Department of State and USAID shall be subject to
prior consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(4) Arms sales.--The reports, notifications, and certifications, and
any other documents, required to be submitted pursuant to section 36(a)
of the Arms Export Control Act (22 U.S.C. 2776), and such documents
submitted pursuant to section 36(b) through (d) of such Act with respect
to countries that have received assistance provided with funds
appropriated by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, shall be
concurrently submitted to the Committees on Appropriations and shall
include information about the source of funds for any sale or transfer,
as applicable, if known at the time of submission.
(i) Withholding of Funds.--Funds appropriated by this Act under titles III
and IV that are withheld from obligation or otherwise not programmed as a result
of application of a provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Requirement to Inform.--The Secretary of State and USAID Administrator,
as applicable, shall promptly inform the appropriate congressional committees of
each instance in which funds appropriated by this Act for assistance have been
diverted or destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an explanation of the
response of the Department of State or USAID, as appropriate.
(k) Prior Consultation Requirement.--The Secretary of State, the
Administrator of the United States Agency for International Development, the
Chief Executive Officer of the United States International Development Finance
Corporation, and the Chief Executive Officer of the Millennium Challenge
Corporation shall consult with the Committees on Appropriations at least 7 days
prior to informing a government of, or publicly announcing a decision on, the
suspension or early termination of assistance to a country or a territory,
including as a result of an interagency review of such assistance, from funds
appropriated by this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs: Provided, That such
consultation shall include a detailed justification for such suspension,
including a description of the assistance being suspended.
documents, report posting, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to provide
upon timely request any document, file, or record necessary to the auditing
requirements of the Department of State and the United States Agency for
International Development.
(b) Public Posting of Reports.--
(1) Except as provided in paragraphs (2) and (3), any report
required by this Act to be submitted to Congress by any Federal agency
receiving funds made available by this Act shall be posted on the public
website of such agency not later than 45 days following the receipt of
such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the head of such agency determines and reports to the
Committees on Appropriations in the transmittal letter
accompanying such report that--
(i) the public posting of the report would
compromise national security, including the conduct of
diplomacy; or
(ii) the report contains proprietary or other
privileged information; or
(B) the public posting of the report is specifically
exempted in House Report 118-146, Senate Report 118-71, or the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after the report
has been made available to the Committees on Appropriations.
(4) The head of the agency posting such report shall do so in a
central location on the public website of such agency.
(c) Records Management and Related Cybersecurity Protections.--The Secretary
of State and USAID Administrator shall--
(1) regularly review and update the policies, directives, and
oversight necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning the preservation
of all records made or received in the conduct of official business,
including record emails, instant messaging, and other online tools;
(2) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in title I, and
``Operating Expenses'' and ``Capital Investment Fund'' in title II, as
appropriate, to improve Federal records management pursuant to the
Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other
applicable Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(3) direct departing employees, including senior officials, that all
Federal records generated by such employees belong to the Federal
Government;
(4) substantially reduce, compared to the previous fiscal year, the
response time for identifying and retrieving Federal records, including
requests made pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''); and
(5) strengthen cybersecurity measures to mitigate vulnerabilities,
including those resulting from the use of personal email accounts or
servers outside the .gov domain, improve the process to identify and
remove inactive user accounts, update and enforce guidance related to
the control of national security information, and implement the
recommendations of the applicable reports of the cognizant Office of
Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply with any
provision of this Act on constitutional grounds, the head of the relevant
Federal agency shall notify the Committees on Appropriations in writing within 5
days of such determination, the basis for such determination and any resulting
changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be used to pay for the
performance of abortions as a method of family planning or to motivate or coerce
any person to practice abortions. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of involuntary sterilization as a method of family planning or
to coerce or provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of, or the
performance of, abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any country
or organization if the President certifies that the use of these funds by any
such country or organization would violate any of the above provisions related
to abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made available in
the amounts specifically designated in the respective tables included in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That such designated amounts for foreign
countries and international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961, and shall be
made available for such foreign countries and international organizations
notwithstanding the date of the transmission of such report.
(b) Authorized Deviations.--Unless otherwise provided for by this Act, the
Secretary of State and the Administrator of the United States Agency for
International Development, as applicable, may only deviate up to 10 percent from
the amounts specifically designated in the respective tables included in the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided, That such percentage may be exceeded only
if the Secretary of State or USAID Administrator, as applicable, determines and
reports in writing to the Committees on Appropriations on a case-by-case basis
that such deviation is necessary to respond to significant, exigent, or
unforeseen events, or to address other exceptional circumstances directly
related to the national security interest of the United States, including a
description of such events or circumstances: Provided further, That deviations
pursuant to the preceding proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are included,
pursuant to subsection (a), in the report required by section 653(a) of the
Foreign Assistance Act of 1961, deviations authorized by subsection (b) may only
take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) funds for which the initial period of availability has
expired; and
(B) amounts designated by this Act as minimum funding
requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) shall not apply to the table included under the
heading ``Global Health Programs'' in such statement.
(3) With respect to the amounts designated for ``Global Programs''
in the table under the heading ``Economic Support Fund'' included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), the matter preceding the first
proviso in subsection (b) of this section shall be applied by
substituting ``5 percent'' for ``10 percent'', and the provisos in such
subsection (b) shall not apply.
(e) Reports.--The Secretary of State, USAID Administrator, and other
designated officials, as appropriate, shall submit the reports required, in the
manner described, in House Report 118-146, Senate Report 118-71, and the
explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act), unless otherwise directed in such explanatory
statement.
(f) Clarification.--Funds appropriated by this Act under the headings
``International Disaster Assistance'' and ``Migration and Refugee Assistance''
shall not be included for purposes of meeting amounts designated for countries
in this Act, unless such headings are specifically designated as the source of
funds.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made available by
this Act may be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III through VI of this Act
unless such pledge was: (1) previously justified, including the projected future
year costs, in a congressional budget justification; (2) included in an Act
making appropriations for the Department of State, foreign operations, and
related programs or previously authorized by an Act of Congress; (3) notified in
accordance with the regular notification procedures of the Committees on
Appropriations, including the projected future year costs; or (4) the subject of
prior consultation with the Committees on Appropriations and such consultation
was conducted at least 7 days in advance of the pledge.
prohibition on assistance to governments supporting international terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be made available
to any foreign government which provides lethal military equipment to a
country the government of which the Secretary of State has determined
supports international terrorism for purposes of section 1754(c) of the
Export Reform Control Act of 2018 (50 U.S.C. 4813(c)): Provided, That
the prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a contract entered
into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1) or any
other similar provision of law, may be furnished if the President
determines that to do so is important to the national interest of the
United States.
(3) Report.--Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the Committees on
Appropriations a report with respect to the furnishing of such
assistance, including a detailed explanation of the assistance to be
provided, the estimated dollar amount of such assistance, and an
explanation of how the assistance furthers the United States national
interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral assistance in
titles III through VI of this Act and funds appropriated under any such
title in prior Acts making appropriations for the Department of State,
foreign operations, and related programs, shall not be made available to
any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of paragraph
(1) to a government if the President determines that national security
or humanitarian reasons justify such waiver: Provided, That the
President shall publish each such waiver in the Federal Register and, at
least 15 days before the waiver takes effect, shall notify the
Committees on Appropriations of the waiver (including the justification
for the waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds appropriated under
the heading ``Trade and Development Agency'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313
of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act, ``program,
project, and activity'' shall be defined at the appropriations Act account level
and shall include all appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and ``Foreign
Military Financing Program'' accounts, ``program, project, and activity'' shall
also be considered to include country, regional, and central program level
funding within each such account, and for the development assistance accounts of
the United States Agency for International Development, ``program, project, and
activity'' shall also be considered to include central, country, regional, and
program level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the report
required by section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation, and united states
african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of this or
any other Act, including provisions contained in prior Acts authorizing or
making appropriations for the Department of State, foreign operations, and
related programs, shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American Foundation Act, or the
African Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency shall
consult with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act for direct assistance
and none of the funds otherwise made available to the Export-Import Bank and the
United States International Development Finance Corporation shall be obligated
or expended to finance any loan, any assistance, or any other financial
commitments for establishing or expanding production of any commodity for export
by any country other than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import Bank if in
the judgment of its Board of Directors the benefits to industry and employment
in the United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman of the
Board so notifies the Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance from the
International Development Association, is not eligible for assistance
from the International Bank for Reconstruction and Development, and does
not export on a consistent basis the agricultural commodity with respect
to which assistance is furnished; or
(2) activities in a country the President determines is recovering
from widespread conflict, a humanitarian crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an agricultural commodity
for export which would compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact on
the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit United States
producers;
(3) activities in a country that is eligible for assistance from the
International Development Association, is not eligible for assistance
from the International Bank for Reconstruction and Development, and does
not export on a consistent basis the agricultural commodity with respect
to which assistance is furnished; or
(4) activities in a country the President determines is recovering
from widespread conflict, a humanitarian crisis, or a complex emergency.
(c) International Financial Institutions.--The Secretary of the Treasury
shall instruct the United States executive director of each international
financial institution to use the voice and vote of the United States to oppose
any assistance by such institution, using funds appropriated or otherwise made
available by this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same, similar,
or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the United States Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes agreed upon
pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may be), any
unencumbered balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for such
purposes as may be agreed to by the government of that country and the
United States Government.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the government
of a foreign country, under chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account and not commingle
with any other funds.
(2) Applicability of other provisions of law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance, including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (House Report No.
98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by such
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of paragraph (1) only through the regular
notification procedures of the Committees on Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 and from funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'': Provided, That
before using the authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance: Provided further,
That nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) Public Law 480.--During fiscal year 2024, restrictions contained in this
or any other Act with respect to assistance for a country shall not be construed
to restrict assistance under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act of
1961 or any comparable provision of law prohibiting assistance to
countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act of
1961 or any comparable provision of law prohibiting assistance to the
government of a country that violates internationally recognized human
rights.
promotion of united states economic interests
Sec. 7028. (a) Diplomatic Engagement.--Consistent with section 704 of the
Championing American Business Through Diplomacy Act of 2019 (title VII of
division J of Public Law 116-94), the Secretary of State, in consultation with
the Secretary of Commerce, should prioritize the allocation of funds
appropriated by this Act under the heading ``Diplomatic Programs'' for support
of Chief of Mission diplomatic engagement to foster commercial relations and
safeguard United States economic and business interests in the country in which
each Chief of Mission serves, including activities and initiatives to create and
maintain an enabling environment, promote and protect such interests, and
resolve commercial disputes: Provided, That each Mission Resource Request and
Bureau Resource Request shall include amounts required to prioritize the
activities described in this subsection.
(b) Training.--In carrying out section 705 of title VII of division J of
Public Law 116-94, the Secretary of State shall annually assess training needs
across the economic and commercial diplomacy issue areas and ensure, after a
review of course offerings, course attendance records, and course evaluation
results, that current offerings meet training needs.
(c) Assistance.--The Secretary of State should direct each Chief of Mission
to consider how best to advance and support commercial relations and the
safeguarding of United States business interests in the development and
execution of the applicable Integrated Country Strategy and the Mission Resource
Request for each country receiving bilateral assistance from funds appropriated
by this Act.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury shall instruct
the United States executive director of each international financial institution
to use the voice of the United States to encourage such institution to adopt and
implement a publicly available policy, including the strategic use of peer
reviews and external experts, to conduct independent, in-depth evaluations of
the effectiveness of at least 35 percent of all loans, grants, programs, and
significant analytical non-lending activities in advancing the institution's
goals of reducing poverty and promoting equitable economic growth, consistent
with relevant safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data and objective
analysis.
(b) Safeguards.--
(1) Standard.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to use the voice and vote of the United States to oppose any
loan, grant, policy, or strategy if such institution has adopted and is
implementing any social or environmental safeguard relevant to such
loan, grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The Secretary of
the Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose loans or other financing for projects unless
such projects--
(A) provide for accountability and transparency, including
the collection, verification, and publication of beneficial
ownership information related to extractive industries and on-
site monitoring during the life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation, cultural
protection, and empowerment of local populations, including
free, prior and informed consent of affected Indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement or other violations of human rights; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of this Act
may be made as payment to any international financial institution while the
United States executive director to such institution is compensated by the
institution at a rate which, together with whatever compensation such executive
director receives from the United States, is in excess of the rate provided for
an individual occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the institution
at a rate in excess of the rate provided for an individual occupying a position
at level V of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the United
States executive director of each international financial institution to use the
voice and vote of the United States to promote human rights due diligence and
risk management, as appropriate, in connection with any loan, grant, policy, or
strategy of such institution in accordance with the requirements specified under
this section in Senate Report 118-71.
(e) Fraud and Corruption.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial institution to
use the voice of the United States to include in loan, grant, and other
financing agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to use the voice of the United States to encourage such institution
to collect, verify, and publish, to the maximum extent practicable, beneficial
ownership information (excluding proprietary information) for any corporation or
limited liability company, other than a publicly listed company, that receives
funds from any such financial institution.
(g) Whistleblower Protections.--The Secretary of the Treasury shall instruct
the United States executive director of each international financial institution
to use the voice of the United States to encourage such institution to
effectively implement and enforce policies and procedures which meet or exceed
best practices in the United States for the protection of whistleblowers from
retaliation, including--
(1) protection against retaliation for internal and lawful public
disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies, including
shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven retaliation,
including provision for the restoration of prior employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the Treasury
shall instruct the United States executive director of each international
financial institution to use the voice of the United States to support
independent investigative and adjudicative mechanisms and procedures that meet
or exceed best practices in the United States to provide due process and fair
compensation, including the right to reinstatement, for employees who are
subjected to harassment, discrimination, retaliation, false allegations, or
other misconduct.
(i) Capital Increases.--None of the funds appropriated by this Act may be
made available to support a new capital increase for an international financial
institution unless the President submits a budget request for such increase to
Congress and the Secretary of the Treasury determines and reports to the
Committees on Appropriations that--
(1) the institution has completed a thorough analysis of the
development challenges facing the relevant geographical region, the role
of the institution in addressing such challenges and its role relative
to other financing partners, and the steps to be taken to enhance the
efficiency and effectiveness of the institution; and
(2) the governors of such institution have approved the capital
increase.
(j) Report.--Not later than 120 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit a report to the Committees on
Appropriations detailing any funding provided in the prior calendar year by a
financial intermediary fund overseen by the Department of the Treasury to the
People's Republic of China or any country or region subject to comprehensive
sanctions by the United States.
economic resilience initiative
Sec. 7030. (a) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for the Economic
Resilience Initiative to enhance the economic security and stability of the
United States and partner countries, including through efforts to counter
economic coercion: Provided, That such funds are in addition to funds otherwise
made available for such purposes by this Act, including funds made available
under the heading ``Treasury International Assistance Programs'': Provided
further, That funds made available by this subsection may only be made available
following consultation with, and the regular notification procedures of, the
Committees on Appropriations, and shall include--
(1) not less than $55,000,000 for strategic infrastructure
investments, which shall be administered by the Secretary of State in
consultation with the heads of other relevant Federal agencies:
Provided, That such funds may be transferred to, and merged with, funds
appropriated by this Act to the Export-Import Bank of the United States
under the heading ``Program Account'', to the United States
International Development Finance Corporation under the heading
``Corporate Capital Account'', and under the heading ``Trade and
Development Agency'': Provided further, That such transfer authority is
in addition to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification procedures of the
Committees on Appropriations;
(2) not less than $50,000,000 to enhance critical mineral supply
chain security;
(3) not less than $60,000,000 for economic resilience programs
administered by the Administrator of the United States Agency for
International Development, consistent with the strategy required in
subsection (d); and
(4) not less than $50,000,000 for the Cyberspace, Digital
Connectivity, and Related Technologies Fund in accordance with Chapter
10 of Part II of the Foreign Assistance Act of 1961: Provided, That the
authority of section 592(f) of such Act may apply to amounts made
available for such Fund under the heading ``Economic Support Fund'' and
such funds may be made available for the Digital Connectivity and
Cybersecurity Partnership program consistent with section 6306 of the
Department of State Authorization Act of 2023 (division F of Public Law
118-31): Provided further, That funds made available pursuant to this
paragraph are in addition to funds otherwise made available for such
purposes and shall be coordinated with the USAID Administrator,
including for relevant USAID programming.
(b) Loan Guarantees.--Funds appropriated under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and Central Asia'' by this
Act and prior Acts making appropriations for the Department of State, foreign
operations, and related programs, including funds made available pursuant to
this section, may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Small Island Developing States, and Ukraine, which are authorized to be provided
and which shall be administered by the United States Agency for International
Development unless otherwise provided for by this Act or any other provision of
law: Provided, That amounts made available under this subsection for the costs
of such guarantees shall not be considered assistance for the purposes of
provisions of law limiting assistance to a country: Provided further, That
funds made available pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on Appropriations.
(c) CHIPS for America International Technology Security and Innovation
Fund.--
(1) Within 45 days of enactment of this Act, the Secretary of State
shall allocate amounts made available from the Creating Helpful
Incentives to Produce Semiconductors (CHIPS) for America International
Technology Security and Innovation Fund for fiscal year 2024 pursuant to
the transfer authority in section 102(c)(1) of the CHIPS Act of 2022
(division A of Public Law 117-167), to the accounts specified and in the
amounts specified, in the table titled ``CHIPS for America International
Technology Security and Innovation Fund'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such funds shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(2) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(c)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of State,
Foreign Operations, and Related Programs: Provided, That in any fiscal
year, the matter preceding this proviso shall not apply to the
allocation, apportionment, or allotment of amounts for continuing
administration of programs allocated using funds transferred from the
CHIPS for America International Technology Security and Innovation Fund,
which may be allocated pursuant to the transfer authority in section
102(c)(1) of the CHIPS Act of 2022 only in amounts that are no more than
the allocation for such purposes in paragraph (1) of this subsection.
(3) Concurrent with the annual budget submission of the President
for fiscal year 2025, the Secretary of State shall submit to the
Committees on Appropriations proposed allocations by account and by
program, project, or activity, with detailed justifications, for amounts
made available under section 102(c)(2) of the CHIPS Act of 2022 for
fiscal year 2025.
(4) The Secretary of State shall provide the Committees on
Appropriations quarterly reports on the status of balances of projects
and activities funded by the CHIPS for America International Technology
Security and Innovation Fund for amounts allocated pursuant to paragraph
(1) of this subsection, including all uncommitted, committed, and
unobligated funds.
(5) Amounts transferred to the Export-Import Bank and the United
States International Development Finance Corporation pursuant to the
transfer authority in section 102(c)(1) of the CHIPS Act of 2022
(division A of Public Law 117-167) may be made available for the costs
of direct loans and loan guarantees, including the cost of modifying
such loans, as defined in section 502 of the Congressional Budget Act of
1974.
(d) Strategy.--Not later than 90 days after the date of enactment of this
Act and following consultation with the Committees on Appropriations, the
Secretary of State, Secretary of the Treasury, and USAID Administrator, in
consultation with the heads of other relevant Federal agencies, shall jointly
submit a strategy to the Committees on Appropriations detailing the planned uses
of funds provided by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, and other Acts,
consistent with the purposes of this section, including through cooperation with
the private sector.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be made
available for direct government-to-government assistance only if--
(A) the requirements included in section 7031(a)(1)(A)
through (E) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public
Law 116-6) are fully met; and
(B) the government of the recipient country is taking steps
to reduce corruption.
(2) Consultation and notification.--In addition to the requirements
in paragraph (1), funds may only be made available for direct
government-to-government assistance subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of
paragraph (1): Provided further, That the requirements of this
paragraph shall only apply to direct government-to-government assistance
in excess of $10,000,000 and all funds available for cash transfer,
budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the United
States Agency for International Development or the Secretary of State,
as appropriate, shall suspend any direct government-to-government
assistance if the Administrator or the Secretary has credible
information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United States
to continue such assistance, including a justification, or that such
misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall submit
to the Committees on Appropriations, concurrent with the fiscal year
2025 congressional budget justification materials, amounts planned for
assistance described in paragraph (1) by country, proposed funding
amount, source of funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds made
available by this Act may be used by the government of any foreign
country for debt service payments owed by any country to any
international financial institution or to the Government of the People's
Republic of China.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The Secretary of
State shall continue to update and strengthen the ``minimum requirements
of fiscal transparency'' for each government receiving assistance
appropriated by this Act, as identified in the report required by
section 7031(b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public Law 113-
76).
(2) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than 180
days after the date of enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant progress''
in meeting the minimum requirements of fiscal transparency, and make
such determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State website:
Provided, That such report shall include the elements included under
this section in House Report 118-146.
(3) Assistance.--Not less than $7,000,000 of the funds appropriated
by this Act under the heading ``Economic Support Fund'' shall be made
available for programs and activities to assist governments identified
pursuant to paragraph (1) to improve budget transparency and to support
civil society organizations in such countries that promote budget
transparency.
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved, directly or indirectly, in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of human
rights, including the wrongful detention of locally employed
staff of a United States diplomatic mission or a United States
citizen or national, shall be ineligible for entry into the
United States.
(B) Concurrent with the application of subparagraph (A), the
Secretary shall, as appropriate, refer the matter to the Office
of Foreign Assets Control, Department of the Treasury, to
determine whether to apply sanctions authorities in accordance
with United States law to block the transfer of property and
interests in property, and all financial transactions, in the
United States involving any person described in such
subparagraph.
(C) The Secretary shall also publicly or privately designate
or identify the officials of foreign governments and their
immediate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for entry into
the United States pursuant to paragraph (1) if such entry would further
important United States law enforcement objectives or is necessary to
permit the United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of paragraph
(1) if the Secretary determines that the waiver would serve a compelling
national interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) Report.--Not later than 30 days after the date of enactment of
this Act, and every 90 days thereafter until September 30, 2025, the
Secretary of State shall submit a report, including a classified annex
if necessary, to the appropriate congressional committees and the
Committees on the Judiciary describing the information related to
corruption or violation of human rights concerning each of the
individuals found ineligible in the previous 12 months pursuant to
paragraph (1)(A) as well as the individuals who the Secretary designated
or identified pursuant to paragraph (1)(B), or who would be ineligible
but for the application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of State
website.
(6) Clarification.--For purposes of paragraphs (1), (4), and (5),
the records of the Department of State and of diplomatic and consular
offices of the United States pertaining to the issuance or refusal of
visas or permits to enter the United States shall not be considered
confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be made
available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and monitoring of
the Extractive Industries Transparency Initiative, implementing and
enforcing section 8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict minerals, and for technical
assistance to promote independent audit mechanisms and support civil
society participation in natural resource management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct the
executive director of each international financial institution
to use the voice and vote of the United States to oppose any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such country
has in place laws, regulations, or procedures to prevent or
limit the public disclosure of company payments as required by
United States law, and unless such government has adopted laws,
regulations, or procedures in the sector in which assistance is
being considered that: (1) accurately account for and publicly
disclose payments to the government by companies involved in the
extraction and export of natural resources; (2) include
independent auditing of accounts receiving such payments and the
public disclosure of such audits; and (3) require public
disclosure of agreement and bidding documents, as appropriate.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of such subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act under titles
I and II, and funds made available for any independent agency in title III, as
appropriate, shall be made available to support the provision of additional
information on United States Government foreign assistance on the
``ForeignAssistance.gov'' website: Provided, That all Federal agencies funded
under this Act shall provide such information on foreign assistance, upon
request and in a timely manner, to the Department of State and the United States
Agency for International Development.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central Asia'',
and ``International Narcotics Control and Law Enforcement'',
$2,900,000,000 should be made available for democracy programs.
(2) Programs.--Of the funds made available for democracy programs
under the headings ``Economic Support Fund'' and ``Assistance for
Europe, Eurasia and Central Asia'' pursuant to paragraph (1), not less
than $117,040,000 shall be made available to the Bureau of Democracy,
Human Rights, and Labor, Department of State.
(b) Authorities.--
(1) Availability.--Funds made available by this Act for democracy
programs pursuant to subsection (a) and under the heading ``National
Endowment for Democracy'' may be made available notwithstanding any
other provision of law, and with regard to the National Endowment for
Democracy (NED), any regulation.
(2) Beneficiaries.--Funds made available by this Act for the NED are
made available pursuant to the authority of the National Endowment for
Democracy Act (title V of Public Law 98-164), including all decisions
regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds appropriated by
this Act, the term ``democracy programs'' means programs that support good
governance, credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor rights, independent
media, and the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to subsection (a)
to strengthen ministries and agencies should be prioritized in countries that
demonstrate a strong commitment to the separation of powers, checks and
balances, the rule of law, and credible electoral processes.
(e) Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of assistance for
democracy programs in this Act, the organizations implementing such
assistance, the specific nature of the assistance, and the participants
in such programs shall not be subject to prior approval by the
government of any foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State, in consultation with the Administrator of the United
States Agency for International Development, determines that the
government of the country is undemocratic or has engaged in or condoned
harassment, threats, or attacks against organizations implementing
democracy programs, any new bilateral agreement governing the terms and
conditions under which assistance is provided to such country shall not
require the disclosure of the names of implementing partners of
democracy programs, and the Secretary of State and the USAID
Administrator shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform to this
requirement.
(f) Continuation of Current Practices.--USAID shall continue to implement
civil society and political competition and consensus building programs abroad
with funds appropriated by this Act in a manner that recognizes the unique
benefits of grants and cooperative agreements in implementing such programs.
(g) Protection of Civil Society Activists and Journalists.--Funds
appropriated by this Act under the headings ``Economic Support Fund'' and
``Democracy Fund'' shall be made available to support and protect civil society
activists and journalists who have been threatened, harassed, or attacked,
including journalists affiliated with the United States Agency for Global Media.
(h) International Freedom of Expression and Independent Media.--Funds
appropriated by this Act under the heading ``Economic Support Fund'' shall be
made available for programs to protect international freedom of expression and
independent media, including through multilateral initiatives.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds appropriated
by this Act under the heading ``Diplomatic Programs'' shall be made available
for the Office of International Religious Freedom, Department of State.
(b) Assistance.--Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``International Broadcasting
Operations'' shall be made available for international religious freedom
programs and funds appropriated by this Act under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance'' shall be made
available for humanitarian assistance for vulnerable and persecuted ethnic and
religious minorities: Provided, That funds made available by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant to this
section shall be the responsibility of the Ambassador-at-Large for International
Religious Freedom, in consultation with other relevant United States Government
officials, and shall be subject to prior consultation with the Committees on
Appropriations.
(c) Authority.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may be made available
notwithstanding any other provision of law for assistance for ethnic and
religious minorities in Iraq and Syria.
(d) Designation of Non-State Actors.--Section 7033(e) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) shall continue in effect during fiscal year
2024.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated in title III of this Act that are made available for victims
of war, displaced children, displaced Burmese, and to combat trafficking in
persons and assist victims of such trafficking may be made available
notwithstanding any other provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be made
available for forensic anthropology assistance related to the exhumation
and identification of victims of war crimes, crimes against humanity,
and genocide, which shall be administered by the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State: Provided, That
such funds shall be in addition to funds made available by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs for assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not less than
$10,000,000 shall be made available for DNA forensic technology programs
to combat human trafficking in Central America and Mexico.
(c) World Food Programme.--Funds managed by the Bureau for Humanitarian
Assistance, United States Agency for International Development, from this or any
other Act that remain available for obligation may be made available as a
general contribution to the World Food Programme.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act under the
heading ``Assistance for Europe, Eurasia and Central Asia'' shall be
made available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet Union as
authorized by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings ``Economic
Support Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
may be made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Private sector partnerships.--Of the funds appropriated by this
Act under the headings ``Development Assistance'' and ``Economic Support
Fund'' that are made available for private sector partnerships,
including partnerships with philanthropic foundations, up to $50,000,000
may remain available until September 30, 2026: Provided, That funds
made available pursuant to this paragraph may only be made available
following prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(4) Additional authority.--Of the amounts made available by this Act
under the heading ``Diplomatic Programs'', up to $500,000 may be made
available for grants pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to
facilitate collaboration with Indigenous communities.
(5) Innovation.--The USAID Administrator may use funds appropriated
by this Act under title III to make innovation incentive awards in
accordance with the terms and conditions of section 7034(e)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6), except that
each individual award may not exceed $500,000.
(6) Development innovation ventures.--Funds appropriated by this Act
under the heading ``Development Assistance'' and made available for the
Development Innovation Ventures program may be made available for the
purposes of chapter I of part I of the Foreign Assistance Act of 1961.
(7) Exchange visitor program.--None of the funds made available by
this Act may be used to modify the Exchange Visitor Program administered
by the Department of State to implement the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256; 22 U.S.C. 2451 et
seq.), except through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and notwithstanding
the exceptions to such rulemaking process in such Act: Provided, That
funds made available for such purpose shall only be made available after
consultation with, and subject to the regular notification procedures
of, the Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and the
estimated economic impact on, the United States: Provided further, That
such consultation shall take place not later than 30 days prior to the
publication in the Federal Register of any regulatory action modifying
the Exchange Visitor Program.
(8) Payments.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the headings ``Diplomatic Programs'' and
``Operating Expenses'', except for funds designated by Congress as an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, are
available to provide payments pursuant to section 901(i)(2) of title IX
of division J of the Further Consolidated Appropriations Act, 2020 (22
U.S.C. 2680b(i)(2)): Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with the
Committees on Appropriations.
(9) Afghan allies.--Subsection (b) of section 602 of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended as
follows--
(A) in paragraph (3)(F)--
(i) in the heading, by striking ``2023'' and
inserting ``2024'';
(ii) in the matter preceding clause (i), in the
first sentence, by striking ``38,500'' and inserting
``50,500''; and
(iii) in clause (ii), by striking ``December 31,
2024'' and inserting ``December 31, 2025''; and
(B) in paragraph (13), in the matter preceding subparagraph
(A), by striking ``January 31, 2024'' and inserting ``January
31, 2026''.
(e) Partner Vetting.--Prior to initiating a partner vetting program,
providing a direct vetting option, or making a significant change to the scope
of an existing partner vetting program, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations: Provided, That the Secretary and the Administrator shall
provide a direct vetting option for prime awardees in any partner vetting
program initiated or significantly modified after the date of enactment of this
Act, unless the Secretary or Administrator, as applicable, informs the
Committees on Appropriations on a case-by-case basis that a direct vetting
option is not feasible for such program: Provided further, That the Secretary
and the Administrator may restrict the award of, terminate, or cancel contracts,
grants, or cooperative agreements or require an awardee to restrict the award
of, terminate, or cancel a sub-award based on information in connection with a
partner vetting program.
(f) Contingencies.--During fiscal year 2024, the President may use up to
$125,000,000 under the authority of section 451 of the Foreign Assistance Act of
1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should withhold
funds appropriated under title III of this Act for assistance for the central
government of any country that is not taking appropriate steps to comply with
the Convention on the Civil Aspects of International Child Abductions, done at
the Hague on October 25, 1980: Provided, That the Secretary shall report to the
Committees on Appropriations within 15 days of withholding funds under this
subsection.
(h) Transfer of Funds for Extraordinary Protection.--The Secretary of State
may transfer to, and merge with, funds under the heading ``Protection of Foreign
Missions and Officials'' unobligated balances of expired funds appropriated
under the heading ``Diplomatic Programs'' for fiscal year 2024, at no later than
the end of the fifth fiscal year after the last fiscal year for which such funds
are available for the purposes for which appropriated: Provided, That not more
than $50,000,000 may be transferred.
(i) Protections and Remedies for Employees of Diplomatic Missions and
International Organizations.--The terms and conditions of section 7034(k) of the
Department of State, Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94) shall continue in effect during
fiscal year 2024.
(j) Impact on Jobs.--Section 7056 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021 (division K of Public
Law 116-260) shall continue in effect during fiscal year 2024.
(k) Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained in
section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law
111-32) shall remain in effect through September 30, 2024.
(2) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2023''
and inserting ``2023, and 2024''; and
(ii) in subsection (e), by striking ``2023'' each
place it appears and inserting ``2024''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking
``2023'' and inserting ``2024''.
(3) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law, any
employee of the Special Inspector General for Afghanistan Reconstruction
(SIGAR) who completes at least 12 months of continuous service after
enactment of this Act or who is employed on the date on which SIGAR
terminates, whichever occurs first, shall acquire competitive status for
appointment to any position in the competitive service for which the
employee possesses the required qualifications.
(4) Transfer of balances.--Section 7081(h) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) shall continue in effect during fiscal
year 2024.
(5) Protective services.--Section 7071 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103) shall continue in effect during
fiscal year 2024 and shall be applied to funds appropriated by this Act
by substituting ``$40,000,000'' for ``$30,000,000''.
(6) Extension of loan guarantees to israel.--Chapter 5 of title I of
the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law
108-11; 117 Stat. 576) is amended under the heading ``Loan Guarantees to
Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2028'' and inserting ``September 30, 2029''; and
(B) in the second proviso, by striking ``September 30,
2028'' and inserting ``September 30, 2029''.
(7) Extension of certain personal services contract authority.--The
authority provided in section 2401 of division C of the Extending
Government Funding and Delivering Emergency Assistance Act (Public Law
117-43) shall remain in effect through September 30, 2024.
(l) Monitoring and Evaluation.--
(1) Beneficiary feedback.--Funds appropriated by this Act that are
made available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'', and ``Migration and Refugee Assistance'' shall be made
available for the regular and systematic collection of feedback obtained
directly from beneficiaries to enhance the quality and relevance of such
assistance: Provided, That not later than 90 days after the date of
enactment of this Act, the Secretary of State and USAID Administrator
shall submit to the Committees on Appropriations, and post on their
respective websites, updated procedures for implementing partners that
receive funds under such headings for regularly and systematically
collecting and responding to such feedback, including guidelines for the
reporting on actions taken in response to the feedback received:
Provided further, That the Secretary of State and USAID Administrator
shall regularly--
(A) conduct oversight to ensure that such feedback is
regularly collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance;
and
(B) consult with the Committees on Appropriations on the
results of such oversight.
(2) Evaluations.--Of the funds appropriated by this Act under titles
III and IV, not less than $15,000,000, to remain available until
expended, shall be made available for impact evaluations, including ex-
post evaluations, of the effectiveness and sustainability of United
States Government-funded assistance programs: Provided, That of the
funds made available pursuant to this paragraph, $10,000,000 shall be
administered in coordination with the Office of the Chief Economist,
USAID, and may be used for administrative expenses of such Office:
Provided further, That funds made available pursuant to this paragraph
are in addition to funds otherwise made available for such purposes.
(m) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS Working
Capital Fund established pursuant to section 525(b)(1) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 2005
(Public Law 108-447) may be made available for pharmaceuticals and other
products for child survival, malaria, tuberculosis, and emerging infectious
diseases to the same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section: Provided, That the
authority in section 525(b)(5) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health, USAID, with respect
to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and
shall be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall include in
the congressional budget justification an accounting of budgetary resources,
disbursements, balances, and reimbursements related to such fund.
(n) Local Works.--
(1) Funding.--Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'', not
less than $100,000,000 shall be made available for Local Works pursuant
to section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public Law 113-
235), which may remain available until September 30, 2028.
(2) Eligible entities.--For the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235), ``eligible
entities'' shall be defined as small local, international, and United
States-based nongovernmental organizations, educational institutions,
and other small entities that have received less than a total of
$5,000,000 from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(o) Extension of Procurement Authority.--Section 7077 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect during fiscal year
2024.
(p) Extension.--Section 7034(r) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022 (division K of Public
Law 117-103) shall apply during fiscal year 2024.
(q) Staff Care Services for Afghan Nationals.--Up to $50,000 of the funds
appropriated by this Act and prior acts making appropriations for the Department
of State, foreign operations, and related programs that are made available to
carry out section 7901 of title 5, United States Code, may be used by USAID to
provide services to individuals who have served as locally employed staff of the
USAID mission in Afghanistan.
(r) War Crimes Accountability.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $5,000,000 shall be made
available for the purposes authorized by section 2015 of Public Law 107-206, as
amended by section 7073 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2023 (division K of Public Law 117-328),
including not less than $2,500,000 as a contribution to the Trust Fund for
Victims.
(s) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise defined
in this Act, for purposes of this Act the term ``appropriate
congressional committees'' means the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless otherwise
defined in this Act, for purposes of this Act the term ``funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs'' means
funds that remain available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the International
Fund for Agricultural Development, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation, the North
American Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African Development Fund,
and the Multilateral Investment Guarantee Agency.
(4) Pacific islands countries.--In this Act, the term ``Pacific
Islands countries'' means the Cook Islands, the Republic of Fiji, the
Republic of Kiribati, the Republic of the Marshall Islands, the
Federated States of Micronesia, the Republic of Nauru, Niue, the
Republic of Palau, the Independent State of Papua New Guinea, the
Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga,
Tuvalu, and the Republic of Vanuatu.
(5) Spend plan.--In this Act, the term ``spend plan'' means a plan
for the uses of funds appropriated for a particular entity, country,
program, purpose, or account and which shall include, at a minimum, a
description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(6) Successor operating unit.--Any reference to a particular
operating unit or office in this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs
shall be deemed to include any successor operating unit performing the
same or similar functions.
(7) USAID.--In this Act, the term ``USAID'' means the United States
Agency for International Development.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available under
titles III and IV of this Act to carry out the provisions of chapter 1
of part I and chapters 4 and 6 of part II of the Foreign Assistance Act
of 1961, may be used, notwithstanding section 660 of that Act, to
enhance the effectiveness and accountability of civilian police
authority through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through assistance
to foster civilian police roles that support democratic governance,
including assistance for programs to prevent conflict, respond to
disasters, address gender-based violence, and foster improved police
relations with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign Assistance
Act of 1961 and the Arms Export Control Act, funds appropriated
by this Act under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'' shall be made available
for combat casualty training and equipment in an amount above
the prior fiscal year.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of lethal
assistance funded by this Act with funds appropriated under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of this
subparagraph shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to the
maximum extent practicable, functioning combat casualty care
treatment and equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat Casualty Care:
Provided further, That any such training and equipment for
combat casualty care shall be made available through an open and
competitive process.
(3) Casualty rehabilitation.--Of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'' in this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, not less than $2,000,000 shall
be made available for a program to provide medical and casualty
rehabilitation services, consistent with the purposes under this section
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the requirements of
international humanitarian law as a component of any package of lethal
assistance funded by this Act with funds appropriated under the headings
``Peacekeeping Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not apply to a
country that is a member of the North Atlantic Treaty Organization
(NATO), is a major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with international
humanitarian law: Provided further, That any such training shall be
made available through an open and competitive process.
(5) International prison conditions.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement''
shall be made available for assistance to eliminate inhumane conditions
in foreign prisons and other detention facilities, notwithstanding
section 660 of the Foreign Assistance Act of 1961: Provided, That the
Secretary of State and the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of such funds prior to
obligation and not later than 60 days after the date of enactment of
this Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purpose.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--Section 7034(d)
of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2024.
(3) Commercial leasing of defense articles.--Notwithstanding any
other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act (22 U.S.C. 2763) may be used to
provide financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the procurement by
leasing (including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not including Major
Defense Equipment (other than helicopters and other types of aircraft
having possible civilian application), if the President determines that
there are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed $900,000,000
may be obligated pursuant to section 51(c)(2) of the Arms Export Control
Act (22 U.S.C. 2795(c)(2)) for the purposes of the Special Defense
Acquisition Fund (the Fund), to remain available for obligation until
September 30, 2026: Provided, That the provision of defense articles
and defense services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the Secretary of
State.
(5) Extension of war reserves stockpile authority.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``or 2025'' and inserting ``2025
and 2026''.
(6) Program clarification.--Notwithstanding section 503(a)(3) of
Public Law 87-195 (22 U.S.C. 2311(a)(3)), the procurement of defense
articles and services funded on a non-repayable basis under section 23
of the Arms Export Control Act may be priced to include the costs of
salaries of members of the Armed Forces of the United States engaged in
security assistance activities pursuant to 10 U.S.C. 341 (relating to
the State Partnership Program): Provided, That this paragraph shall
only apply to funds that remain available for obligation in fiscal year
2024.
(7) Reprogramming.--Notwithstanding any other provision of law or
regulation, equipment procured with funds appropriated in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs under the heading ``Pakistan Counterinsurgency
Capability Fund'' may be used for any other program and in any region:
Provided, That any such transfer shall be subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should not be
used to support any military training or operations that include child
soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded ordnance
for humanitarian purposes may be disposed of on a grant basis in
foreign countries, subject to such terms and conditions as the
Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the
assistance, transfer, or sale of such cluster munitions
or cluster munitions technology specifies that the
cluster munitions will only be used against clearly
defined military targets and will not be used where
civilians are known to be present or in areas normally
inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is
for the purpose of demilitarizing or permanently
disposing of such cluster munitions.
(3) Crowd control.--If the Secretary of State has information that a
unit of a foreign security force uses excessive force to repress
peaceful expression or assembly concerning corruption, harm to the
environment or human health, or the fairness of electoral processes, or
in countries that are undemocratic or undergoing democratic transition,
the Secretary shall promptly determine if such information is credible:
Provided, That if the information is determined to be credible, funds
appropriated by this Act should not be used for tear gas, small arms,
light weapons, ammunition, or other items for crowd control purposes for
such unit, unless the Secretary of State determines that the foreign
government is taking effective measures to bring the responsible members
of such unit to justice.
(4) Oversight and accountability.--
(A) Prior to the signing of a new Letter of Offer and
Acceptance (LOA) involving funds appropriated under the heading
``Foreign Military Financing Program'', the Secretary of State
shall consult with each recipient government to ensure that the
LOA between the United States and such recipient government
complies with the purposes of section 4 of the Arms Export
Control Act (22 U.S.C. 2754) and that the defense articles,
services, and training procured with funds appropriated under
such heading are consistent with United States national security
policy.
(B) The Secretary of State shall promptly inform the
appropriate congressional committees of any instance in which
the Secretary of State has credible information that such
assistance was used in a manner contrary to such agreement.
(d) Other Matters.--
(1) Security assistance report.--Not later than 120 days after the
date of enactment of this Act, the Secretary of State shall submit to
the Committees on Appropriations a report on funds obligated and
expended during fiscal year 2023, by country and purpose of assistance,
under the headings ``Peacekeeping Operations'', ``International Military
Education and Training'', and ``Foreign Military Financing Program''.
(2) Annual foreign military training report.--For the purposes of
implementing section 656 of the Foreign Assistance Act of 1961, the term
``military training provided to foreign military personnel by the
Department of Defense and the Department of State'' shall be deemed to
include all military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of State,
except for training provided by the government of a country designated
by section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major non-NATO
ally: Provided, That such third-country training shall be clearly
identified in the report submitted pursuant to section 656 of such Act.
(3) Leahy law.--For purposes of implementing section 620M of the
Foreign Assistance Act of 1961, the term ``credible information'' means
information that, considering the source of such information and the
surrounding circumstances, supports a reasonable belief that a violation
has occurred, and shall not be determined solely on the basis of the
number of sources; whether the source has been critical of a policy of
the United States Government or its security partners; whether the
source has a personal connection to the information being reported; or
whether the United States Government is able to independently verify the
information.
countering the flow of fentanyl and other synthetic drugs
Sec. 7036. (a) Assistance.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International Narcotics Control and Law
Enforcement'', not less than $125,000,000 shall be made available for programs
to counter the flow of fentanyl, fentanyl precursors, and other synthetic drugs
into the United States: Provided, That such funds shall be in addition to funds
otherwise made available for such purposes.
(b) Uses of Funds.--Funds made available pursuant to subsection (a) shall be
made available to support--
(1) efforts to stop the flow of fentanyl, fentanyl precursors, and
other synthetic drugs and their precursor materials to the United States
from and through the People's Republic of China (PRC), Mexico, and other
countries;
(2) law enforcement cooperation and capacity building efforts aimed
at disrupting and dismantling transnational criminal organizations
involved in the production and trafficking of fentanyl, fentanyl
precursors, and other synthetic drugs;
(3) implementation of the Fighting Emerging Narcotics Through
Additional Nations to Yield Lasting Results Act (part 7 of subtitle C of
the James M. Inhofe National Defense Authorization Act for Fiscal Year
2023, Public Law 117-263); and
(4) engagement, including through multilateral organizations and
frameworks, to catalyze collective action to address the public health
and security threats posed by fentanyl, fentanyl precursors, and other
synthetic drugs, including through the Global Coalition to Address
Synthetic Drug Threats.
(c) Counter Fentanyl Coordination.--The Secretary of State shall designate
an existing senior official of the Department of State at the rank of Deputy
Assistant Secretary or above to coordinate counter fentanyl efforts, whose
responsibilities shall include--
(1) ensuring that funds made available pursuant to subsection (a)
are implemented in a targeted and effective manner, including by
providing policy guidance and coordination; and
(2) coordinating diplomatic engagement and other activities with the
heads of other relevant Federal agencies and domestic and international
stakeholders.
(d) Reports.--
(1) The Secretary of State shall, in consultation with the heads of
other relevant Federal agencies and not later than 90 days after the
date of enactment of this Act, submit a report to the appropriate
congressional committees detailing and assessing the cooperation of the
PRC in countering the flow of fentanyl, fentanyl precursors, and other
synthetic drugs, and describing actions taken by the United States in
coordination with other countries to engage the PRC on taking concrete
and measurable steps to stop the flow of fentanyl, fentanyl precursors,
and other synthetic drugs from the PRC to other countries: Provided,
That such report shall be updated and resubmitted quarterly thereafter
until September 30, 2025.
(2) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the appropriate congressional
committees detailing how assistance for Mexico is strategically aligned
to address the proliferation of fentanyl, fentanyl precursors, and other
synthetic drugs from Mexico to the United States.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds appropriated
under titles III through VI of this Act may be provided to support a Palestinian
state unless the Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the context of full and
normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every state
in the area through measures including the establishment of
demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in
the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the governing
entity should enact a constitution assuring the rule of law, an independent
judiciary, and respect for human rights for its citizens, and should enact other
laws and regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the President
determines that it is important to the national security interest of the United
States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and affiliated
institutions, or the governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance for the Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made available by
this Act may be used to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting
Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2024, 30 days prior to the
initial obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations that
procedures have been established to assure the Comptroller General of the United
States will have access to appropriate United States financial information in
order to review the uses of United States assistance for the Program funded
under the heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for the West Bank and
Gaza, the Secretary of State shall take all appropriate steps to ensure that
such assistance is not provided to or through any individual, private or
government entity, or educational institution that the Secretary knows or has
reason to believe advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the entity's governing
board or governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That the Secretary of
State shall, as appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for assistance
under the West Bank and Gaza Program may be made available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism; and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--Notwithstanding
any other provision of law, none of the funds made available by this or
prior appropriations Acts, including funds made available by transfer,
may be made available for obligation for security assistance for the
West Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on--
(A) the benchmarks that have been established for security
assistance for the West Bank and Gaza and on the extent of
Palestinian compliance with such benchmarks; and
(B) the steps being taken by the Palestinian Authority to
end torture and other cruel, inhuman, and degrading treatment of
detainees, including by bringing to justice members of
Palestinian security forces who commit such crimes.
(d) Oversight by the United States Agency for International Development.--
(1) The Administrator of the United States Agency for International
Development shall ensure that Federal or non-Federal audits of all
contractors and grantees, and significant subcontractors and sub-
grantees, under the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,400,000 may be
used by the Office of Inspector General of the United States Agency for
International Development for audits, investigations, and other
activities in furtherance of the requirements of this subsection:
Provided, That such funds are in addition to funds otherwise available
for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to the
certification specified in subsection (a), the Comptroller General of the United
States shall conduct an audit and an investigation of the treatment, handling,
and uses of all funds for the bilateral West Bank and Gaza Program, including
all funds provided as cash transfer assistance, in fiscal year 2024 under the
heading ``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the requirements
of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities carried
out under such Program, including both obligations and expenditures.
(f) Notification Procedures.--Funds made available in this Act for West Bank
and Gaza shall be subject to the regular notification procedures of the
Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated by this
Act to carry out the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 may be obligated or expended with respect to providing
funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not apply if
the President certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and the Committees on
Appropriations that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to subsection (b)
shall be effective for no more than a period of 6 months at a time and shall not
apply beyond 12 months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection (b) is
exercised, the President shall submit a report to the Committees on
Appropriations detailing the justification for the waiver, the purposes for
which the funds will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed: Provided, That the report shall also
detail the steps the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority under
subsection (b), the Secretary of State must certify and report to the Committees
on Appropriations prior to the obligation of funds that the Palestinian
Authority has established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through this account, no
parallel financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service roster and
payroll, and the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at promoting peace,
coexistence, and security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation Organization.--
(1) None of the funds appropriated in titles III through VI of this
Act may be obligated for salaries of personnel of the Palestinian
Authority located in Gaza or may be obligated or expended for assistance
to Hamas or any entity effectively controlled by Hamas, any power-
sharing government of which Hamas is a member, or that results from an
agreement with Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance may
be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section 620K(e) of
the Foreign Assistance Act of 1961, as added by the Palestinian Anti-
Terrorism Act of 2006 (Public Law 109-446) with respect to this
subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification and
every quarter thereafter on whether such government, including all of
its ministers or such equivalent are continuing to comply with the
principles contained in section 620K(b)(1)(A) and (B) of the Foreign
Assistance Act of 1961, as amended: Provided, That the report shall
also detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through VI of
this Act may be obligated for assistance for the Palestine Liberation
Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Assistance.--Of the funds appropriated by this Act, not less
than $1,425,000,000 should be made available for assistance for Egypt,
of which--
(A) not less than $125,000,000 shall be made available from
funds under the heading ``Economic Support Fund'', of which not
less than $40,000,000 should be made available for higher
education programs, including not less than $15,000,000 for
scholarships for Egyptian students with high financial need to
attend not-for-profit institutions of higher education in Egypt
that are currently accredited by a regional accrediting agency
recognized by the United States Department of Education, or
meets standards equivalent to those required for United States
institutional accreditation by a regional accrediting agency
recognized by such Department: Provided, That such funds shall
be made available for democracy programs, and for development
programs in the Sinai; and
(B) not less than $1,300,000,000 should be made available
from funds under the heading ``Foreign Military Financing
Program'', to remain available until September 30, 2025:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations and
the uses of any interest earned on such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(2) Certification and report.--Funds appropriated by this Act that
are available for assistance for Egypt may be made available
notwithstanding any other provision of law restricting assistance for
Egypt, except for this subsection and section 620M of the Foreign
Assistance Act of 1961, and may only be made available for assistance
for the Government of Egypt if the Secretary of State certifies and
reports to the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(3) Withholding.--Of the funds made available pursuant to paragraph
(1)(B), $320,000,000 shall be withheld from obligation until the
Secretary certifies and reports to the Committees on Appropriations that
the Government of Egypt is meeting the requirements under this section
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That the
Secretary may waive such requirement if the Secretary determines and
reports to the Committees on Appropriations that such funds are
necessary for counterterrorism, border security, or nonproliferation
programs or that it is otherwise important to the national security
interest of the United States to do so, including a detailed
justification for the use of such waiver and the reasons why any of the
requirements cannot be met: Provided further, That the report required
by the previous proviso shall be submitted in unclassified form but may
be accompanied by a classified annex.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the headings
``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Programs''
shall be made available--
(A) to support the United States policy to prevent Iran from
achieving the capability to produce or otherwise obtain a
nuclear weapon;
(B) to support an expeditious response to any violation of
United Nations Security Council Resolutions or to efforts that
advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and ballistic
missile and weapons proliferation; and
(D) for democracy programs in support of the aspirations of
the Iranian people.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State shall submit
to the Committees on Appropriations the semi-annual report
required by section 135(d)(4) of the Atomic Energy Act of 1954
(42 U.S.C. 2160e(d)(4)), as added by section 2 of the Iran
Nuclear Agreement Review Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit to
the appropriate congressional committees a report on--
(i) the status of United States bilateral sanctions
on Iran;
(ii) the reimposition and renewed enforcement of
secondary sanctions; and
(iii) the impact such sanctions have had on Iran's
destabilizing activities throughout the Middle East.
(3) Limitations.--None of the funds appropriated by this Act may be
used to--
(A) implement an agreement with the Government of Iran
relating to the nuclear program of Iran, or a renewal of the
Joint Comprehensive Plan of Action adopted on October 18, 2015,
in contravention of the Iran Nuclear Agreement Review Act of
2015 (42 U.S.C. 2160e); or
(B) revoke the designation of the Islamic Revolutionary
Guard Corps as a Foreign Terrorist Organization pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(c) Iraq.--
(1) Funds appropriated under titles III and IV of this Act shall be
made available for assistance for Iraq for--
(A) bilateral economic assistance and international security
assistance, including in the Kurdistan Region of Iraq;
(B) stabilization assistance, including in Anbar Province;
(C) programs to support government transparency and
accountability, support judicial independence, protect the right
of due process, end the use of torture, and combat corruption;
(D) humanitarian assistance, including in the Kurdistan
Region of Iraq;
(E) programs to protect and assist religious and ethnic
minority populations; and
(F) programs to increase United States private sector
investment.
(2) Limitation.--Funds appropriated by this Act under title III and
made available for bilateral economic assistance for Iraq may not be
made available to an organization or entity for which the Secretary of
State has credible information is controlled by the Badr Organization.
(d) Israel.--Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not less than $3,300,000,000 shall be
available for grants only for Israel which shall be disbursed within 30 days of
enactment of this Act: Provided, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants made available for
Israel under this heading shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than $725,300,000
shall be available for the procurement in Israel of defense articles and defense
services, including research and development.
(e) Jordan.--Of the funds appropriated by this Act under titles III and IV,
not less than $1,650,000,000 shall be made available for assistance for Jordan,
of which not less than $845,100,000 shall be made available for budget support
for the Government of Jordan and not less than $425,000,000 shall be made
available under the heading ``Foreign Military Financing Program''.
(f) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act may be
made available for the Lebanese Internal Security Forces (ISF) or the
Lebanese Armed Forces (LAF) if the ISF or the LAF is controlled by a
foreign terrorist organization, as designated pursuant to section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189).
(2) Security assistance.--
(A) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are made available
for assistance for Lebanon may be made available for programs
and equipment for the ISF and the LAF to address security and
stability requirements in areas affected by conflict in Syria,
following consultation with the appropriate congressional
committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available
for assistance for Lebanon may only be made available for
programs to--
(i) professionalize the LAF to mitigate internal and
external threats from non-state actors, including
Hizballah;
(ii) strengthen the security of borders and combat
terrorism, including training and equipping the LAF to
secure the borders of Lebanon and address security and
stability requirements in areas affected by conflict in
Syria, interdicting arms shipments, and preventing the
use of Lebanon as a safe haven for terrorist groups; and
(iii) implement United Nations Security Council
Resolution 1701:
Provided, That prior to obligating funds made available by
this subparagraph for assistance for the LAF, the Secretary of
State shall submit to the Committees on Appropriations a spend
plan, including actions to be taken to ensure equipment provided
to the LAF is used only for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961: Provided further,
That any notification submitted pursuant to such section shall
include any funds specifically intended for lethal military
equipment.
(3) Assistance.--Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance for
Lebanon may be made available notwithstanding section 1224 of the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228; 22 U.S.C. 2346 note).
(g) Morocco.--Funds appropriated under titles III and IV of this Act shall
be made available for assistance for Morocco.
(h) Saudi Arabia.--
(1) None of the funds appropriated by this Act under the heading
``International Military Education and Training'' should be made
available for assistance for the Government of Saudi Arabia.
(2) None of the funds appropriated or otherwise made available by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs should be obligated or
expended by the Export-Import Bank of the United States to guarantee,
insure, or extend (or participate in the extension of) credit in
connection with the export of nuclear technology, equipment, fuel,
materials, or other nuclear technology-related goods or services to
Saudi Arabia unless the Government of Saudi Arabia--
(A) has in effect a nuclear cooperation agreement pursuant
to section 123 of the Atomic Energy Act of 1954 (42 U.S.C.
2153);
(B) has committed to renounce uranium enrichment and
reprocessing on its territory under that agreement; and
(C) has signed and implemented an Additional Protocol to its
Comprehensive Safeguards Agreement with the International Atomic
Energy Agency.
(i) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act under
titles III and IV may be made available, notwithstanding any other
provision of law, for non-lethal stabilization assistance for Syria,
including for emergency medical and rescue response and chemical weapons
investigations.
(2) Limitations.--Funds made available pursuant to paragraph (1) of
this subsection--
(A) may not be made available for a project or activity that
supports or otherwise legitimizes the Government of Iran,
foreign terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189)), or a proxy of Iran in Syria;
(B) may not be made available for activities that further
the strategic objectives of the Government of the Russian
Federation that the Secretary of State determines may threaten
or undermine United States national security interests; and
(C) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces or made
available to an organization or entity effectively controlled by
an official or immediate family member of an official of such
government.
(3) United states government al-hol action plan.--Of the funds
appropriated under title III of this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, not less than $25,000,000 shall be made available to
implement the ``U.S. Government Al-Hol Action Plan''.
(4) Monitoring, oversight, consultation, and notification.--
(A) Prior to the obligation of funds appropriated by this
Act and made available for assistance for Syria, the Secretary
of State shall take all practicable steps to ensure that
mechanisms are in place for monitoring, oversight, and control
of such assistance inside Syria.
(B) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees and shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided, That such consultation shall include
the steps taken to comply with subparagraph (A) and steps
intended to be taken to comply with section 7015(j) of this Act.
(j) Tunisia.--Funds appropriated under titles III and IV of this Act shall
be made available for assistance for Tunisia for programs to support democratic
governance and civil society, protect due process of law, and maintain regional
stability and security, following consultation with the Committees on
Appropriations.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation of funds
made available by this Act under the heading ``Economic Support Fund''
for assistance for the West Bank and Gaza, the Secretary of State shall
report to the Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof outside
an agreement negotiated between Israel and the
Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized
investigation, or actively support such an
investigation, that subjects Israeli nationals to an
investigation for alleged crimes against Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary certifies to
the Committees on Appropriations that to do so is in the
national security interest of the United States, and submits a
report to such Committees detailing how the waiver and the
continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the appropriate congressional committees that the Palestinians
have not, after the date of enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as member
states or full membership as a state outside an
agreement negotiated between Israel and the
Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for alleged
crimes against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public Law
100-204 if the President determines and certifies in writing to
the Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations that
the Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-204 under clause
(i) of this subparagraph or under previous provisions of law
must expire before the waiver under this clause may be
exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Application of taylor force act.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza shall be made available consistent
with section 1004(a) of the Taylor Force Act (title X of division S of
Public Law 115-141).
(4) Security report.--The reporting requirements in section 1404 of
the Supplemental Appropriations Act, 2008 (Public Law 110-252) shall
apply to funds made available by this Act, including a description of
modifications, if any, to the security strategy of the Palestinian
Authority.
(5) Incitement report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees detailing steps taken by the
Palestinian Authority to counter incitement of violence against Israelis
and to promote peace and coexistence with Israel.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--Funds
appropriated by this Act under the heading ``International Military Education
and Training'' for the central government of a country in the African Great
Lakes region may be made available only for Expanded International Military
Education and Training and professional military education until the Secretary
of State determines and reports to the Committees on Appropriations that such
government is not facilitating or otherwise participating in destabilizing
activities in a neighboring country, including aiding and abetting armed groups.
(b) Central African Republic.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $3,000,000 shall be made
available for a contribution to the Special Criminal Court in Central African
Republic.
(c) Counter Illicit Armed Groups.--Funds appropriated by this Act shall be
made available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) or other illicit armed groups in Eastern Democratic
Republic of the Congo and the Central African Republic, including to improve
physical access, telecommunications infrastructure, and early-warning mechanisms
and to support the disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(d) Democratic Republic of the Congo.--Funds appropriated by this Act shall
be made available for assistance for the Democratic Republic of the Congo (DRC)
for stabilization, democracy, global health, and bilateral economic assistance:
Provided, That such funds shall also be made available to support security,
stabilization, development, and democracy in Eastern DRC.
(e) Ethiopia.--Funds appropriated by this Act that are made available for
assistance for Ethiopia should be used to support--
(1) political dialogue;
(2) civil society and the protection of human rights;
(3) investigations and prosecutions of gross violations of human
rights;
(4) efforts to provide unimpeded access to, and monitoring of,
humanitarian assistance; and
(5) the restoration of basic services in areas impacted by conflict.
(f) Malawi.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs that are made available for higher education programs in Malawi shall
be made available for higher education and workforce development programs in
agriculture as described under this section in House Report 118-146.
(g) Power Africa.--Prior to the initial obligation of funds appropriated by
this Act and made available for the Power Africa program, the Administrator of
the United States Agency for International Development shall submit the report
required under this section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided, That
such funds shall be used for all-of-the-above energy development consistent with
the Electrify Africa Act of 2015 (Public Law 114-121).
(h) South Sudan.--None of the funds appropriated by this Act under title IV
may be made available for assistance for the central Government of South Sudan,
except to support implementation of outstanding issues of the Comprehensive
Peace Agreement, mutual arrangements related to post-referendum issues
associated with such Agreement, or any other viable peace agreement in South
Sudan.
(i) Sudan.--
(1) Limitation.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central Government
of Sudan, except to support implementation of outstanding issues of the
Comprehensive Peace Agreement, mutual arrangements related to post-
referendum issues associated with such Agreement, or any other viable
peace agreement in Sudan.
(2) Consultation.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are made available for any new program,
project, or activity in Sudan shall be subject to prior consultation
with the appropriate congressional committees.
(j) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to vote against any extension by the respective institution
of any loan or grant to the Government of Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and title to
property, and freedoms of expression, association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act shall be
made available for assistance for the central Government of Zimbabwe,
except for health and education, unless the Secretary of State certifies
and reports as required in paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $121,000,000 shall be
made available for assistance for Burma for the purposes described in
section 5575 of the Burma Act of 2022 (subtitle E of title LV of
division E of Public Law 117-263) and section 7043(a) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2023 (division K of Public Law 117-328): Provided, That the
authorities, limitations, and conditions contained in section 7043(a) of
division K of Public Law 117-328 shall apply to funds made available for
assistance for Burma under this Act, except for the minimum funding
requirements and paragraph (1)(B): Provided further, That for the
purposes of section 5575 of the Burma Act of 2022 and assistance for
Burma made available by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs,
``non-lethal assistance'' shall include equipment and associated
training to support--
(A) atrocities prevention;
(B) the protection of civilians from military attack;
(C) the delivery of humanitarian assistance;
(D) investigations into genocide and human rights violations
committed by the Burmese military;
(E) local governance and the provision of services in areas
outside the control of the Burmese military; and
(F) medical trauma care, supplies, and training.
(2) Deserter programs.--Pursuant to section 7043(a)(1)(A) of
division K of Public Law 117-328, as continued in effect by this
subsection, funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs that are made available for assistance for Burma shall
be made available for programs and activities to support deserters from
the military junta and its allied entities, following consultation with
the appropriate congressional committees.
(b) Cambodia.--
Not later than 90 days after the date of enactment of this Act but
prior to the initial obligation of funds appropriated by this Act that
are made available for assistance for Cambodia, the Secretary of State
shall submit to the appropriate congressional committees an assessment
of the extent of the influence of the People's Republic of China in
Cambodia, including on the Government of Cambodia and with respect to
the purposes and operations of Ream Naval Base.
(c) Indo-Pacific Strategy.--
(1) Assistance.--Of the funds appropriated under titles III and IV
of this Act, not less than $1,800,000,000 shall be made available to
support implementation of the Indo-Pacific Strategy.
(2) Countering prc influence fund.--Of the funds appropriated by
this Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', and
``Foreign Military Financing Program'', not less than $400,000,000 shall
be made available for a Countering PRC Influence Fund to counter the
influence of the Government of the People's Republic of China and the
Chinese Communist Party and entities acting on their behalf globally,
which shall be subject to prior consultation with the Committees on
Appropriations: Provided, That such funds are in addition to amounts
otherwise made available for such purposes: Provided further, That up
to 10 percent of such funds shall be held in reserve to respond to
unanticipated opportunities to counter PRC influence: Provided further,
That funds made available pursuant to this paragraph under the heading
``Foreign Military Financing Program'' may remain available until
September 30, 2025: Provided further, That funds appropriated by this
Act for such Fund under the headings ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated under such headings:
Provided further, That such transfer authority is in addition to any
other transfer authority provided by this Act or any other Act, and is
subject to the regular notification procedures of the Committees on
Appropriations.
(3) Restriction on uses of funds.--None of the funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made available
for any project or activity that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of China; or
(B) the use of technology, including biotechnology, digital,
telecommunications, and cyber, developed by the People's
Republic of China unless the Secretary of State, in consultation
with the USAID Administrator and the heads of other Federal
agencies, as appropriate, determines that such use does not
adversely impact the national security of the United States.
(4) Strategic review.--Funds appropriated by this Act shall be made
available to design and implement reforms of the processes and
procedures regarding the application, consideration, and delivery of
equipment and technical training under the Foreign Military Sales (FMS)
program, including implementation of FMS 2023 by the Department of
State: Provided, That not later than 180 days after the date of
enactment of this Act, the Secretary of State, in consultation with the
heads of other relevant Federal agencies, shall submit a comprehensive
strategic review to the appropriate congressional committees on the
implementation and impact of such reforms in the Indo-Pacific: Provided
further, That such review shall provide an assessment of major defense
equipment sought by key United States allies and security partners in
the region, including the Philippines, Indonesia, Vietnam, Singapore,
and Taiwan: Provided further, That the Secretary shall consult with the
appropriate congressional committees prior to submitting such review.
(5) Maps.--None of the funds made available by this Act should be
used to create, procure, or display any map that inaccurately depicts
the territory and social and economic system of Taiwan and the islands
or island groups administered by Taiwan authorities.
(d) Laos.--Of the funds appropriated by this Act under titles III and IV,
not less than $93,000,000 shall be made available for assistance for Laos,
including for assistance for persons with disabilities caused by unexploded
ordnance accidents, and of which up to $1,500,000 may be made available for
programs to assist persons with severe physical mobility, cognitive, or
developmental disabilities in areas sprayed with Agent Orange: Provided, That
funds made available pursuant to this subsection may be used, in consultation
with the Government of Laos, for assessments of the existence of dioxin
contamination resulting from the use of Agent Orange in Laos and the feasibility
and cost of remediation.
(e) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available for assistance
for the central government of a country the Secretary of State
determines and reports to the appropriate congressional committees
engages in significant transactions contributing materially to the
malicious cyber-intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report required
by section 209 of the North Korea Sanctions and Policy Enhancement Act
of 2016 (Public Law 114-122; 22 U.S.C. 9229) to the Committees on
Appropriations: Provided further, That the Secretary of State may waive
the application of the restriction in this paragraph with respect to
assistance for the central government of a country if the Secretary
determines and reports to the appropriate congressional committees that
to do so is important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the heading
``International Broadcasting Operations'' shall be made available to
maintain broadcasting hours into North Korea at levels not less than the
prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'' shall be made available
for the promotion of human rights in North Korea: Provided, That the
authority of section 7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made available by
this Act under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated by this Act under the headings
``Diplomatic Programs'' for the Department of State and ``Operating
Expenses'' for the United States Agency for International Development
shall be made available to expand the United States diplomatic and
development presence in Pacific Islands countries (PICs), including the
number and location of facilities and personnel.
(2) Assistance.--Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', and
``Foreign Military Financing Program'', not less than $160,000,000 shall
be made available for assistance for PICs, including to implement the
Pacific Partnership Strategy of the United States and Partners in the
Blue Pacific initiative, and to further the goals of the Pacific Islands
Forum's 2050 Strategy for the Blue Pacific Continent: Provided, That
funds appropriated by this Act that are made available for the
Countering PRC Influence Fund shall be made available for assistance for
PICs, in addition to funds made available under this paragraph:
Provided further, That funds made available by this paragraph for
assistance for PICs shall be made available for programs and activities
to strengthen and expand cooperation between the United States and
higher education institutions in PICs, to be awarded on a competitive
basis: Provided further, That funds made available by this paragraph
for assistance for PICs shall be made available to appropriately
commemorate the anniversary of World War II battles in the Pacific in
which American servicemen and women lost their lives: Provided further,
That of the funds made available by this paragraph for assistance for
PICs, not less than $5,000,000 shall be made available for trilateral
programs.
(g) People's Republic of China.--
(1) Prohibition.--None of the funds appropriated by this Act may be
made available for assistance for the Government of the People's
Republic of China or the Chinese Communist Party.
(2) Hong kong.--Of the funds appropriated by this Act under the
first paragraph under the heading ``Democracy Fund'', not less than
$5,000,000 shall be made available for democracy and Internet freedom
programs for Hong Kong, including legal and other support for democracy
activists.
(h) Philippines.--
(1) Foreign military financing program.--Of the funds appropriated
by this Act under the heading ``Foreign Military Financing Program'',
not less than $40,000,000 shall be made available for assistance for the
Philippines.
(2) Limitation.--None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(i) Taiwan.--
(1) Global cooperation and training framework.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
not less than $4,000,000 shall be made available for the Global
Cooperation and Training Framework, which shall be administered by the
American Institute in Taiwan.
(2) Foreign military financing program.--Of the funds appropriated
by this Act under the heading ``Foreign Military Financing Program'',
not less than $300,000,000 shall be made available for assistance for
Taiwan: Provided, That the Secretary of State, in coordination with the
Secretary of Defense, shall prioritize the delivery of defense articles
and services for Taiwan.
(3) Foreign military financing program loan and loan guarantee
authority.--Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs under the heading ``Foreign Military Financing
Program'', except for amounts designated as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, may be made available for the
costs, as defined in section 502 of the Congressional Budget Act of
1974, of direct loans and loan guarantees for Taiwan, as authorized by
section 5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of
title LV of division E of Public Law 117-263).
(4) Fellowship program.--Funds appropriated by this Act under the
heading ``Payment to the American Institute in Taiwan'' shall be made
available for the Taiwan Fellowship Program.
(5) Consultation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult with the
Committees on Appropriations on the uses of funds made available
pursuant to this subsection: Provided, That such funds shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(j) Tibet.--
(1) Notwithstanding any other provision of law, of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
not less than $10,000,000 shall be made available to nongovernmental
organizations with experience working with Tibetan communities to
support activities which preserve cultural traditions and promote
sustainable development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in other Tibetan
communities in China.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $8,000,000 shall be made
available for programs to promote and preserve Tibetan culture and
language in the refugee and diaspora Tibetan communities, development,
and the resilience of Tibetan communities and the Central Tibetan
Administration in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition to amounts made
available in paragraph (1) for programs inside Tibet.
(3) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $5,000,000 shall be made
available for programs to strengthen the capacity of the Central Tibetan
Administration, of which up to $1,500,000 may be made available to
address economic growth and capacity building activities, including for
displaced Tibetan refugee families in India and Nepal to help meet basic
needs, following consultation with the Committees on Appropriations:
Provided, That such funds shall be administered by USAID.
(k) Vietnam.--Of the funds appropriated under titles III and IV of this Act,
not less than $197,000,000 shall be made available for assistance for Vietnam,
of which not less than--
(1) $30,000,000 shall be made available for health and disability
programs to assist persons with severe physical mobility, cognitive, or
developmental disabilities: Provided, That such funds shall be
prioritized to assist persons whose disabilities may be related to the
use of Agent Orange and exposure to dioxin, or are the result of
unexploded ordnance accidents;
(2) $20,000,000 shall be made available, notwithstanding any other
provision of law, for activities related to the remediation of dioxin
contaminated sites in Vietnam and may be made available for assistance
for the Government of Vietnam, including the military, for such
purposes;
(3) $3,000,000 shall be made available for the Reconciliation/
Vietnamese Wartime Accounting Initiative; and
(4) $15,000,000 shall be made available for higher education
programs.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Restriction.--None of the funds appropriated by this Act that
are made available for assistance for Afghanistan may be made available
for assistance to the Taliban.
(2) Afghan students.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs shall be made available to--
(A) support the higher education of students from
Afghanistan studying outside of the country, including the costs
of reimbursement to institutions hosting such students, as
appropriate: Provided, That the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, shall consult with the Committees
on Appropriations prior to the initial obligation of funds for
such purposes; and
(B) provide modified learning opportunities for women and
girls in Afghanistan, including but not limited to, efforts to
expand internet access, online schooling, and distribution of
educational content.
(3) Afghan women.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance
for Afghanistan, not less than $5,000,000 shall be made
available for programs to investigate and document human rights
abuses against women in Afghanistan: Provided, That such funds
shall be the responsibility of the Bureau of Democracy, Human
Rights, and Labor, Department of State, following consultation
with the Committees on Appropriations.
(B) Funds appropriated by this Act that are made available
for assistance for Afghanistan shall be made available for a
program for Afghan women-led organizations to support education,
human rights, and economic livelihoods in Afghanistan:
Provided, That such program shall be co-designed by women in
Afghanistan.
(4) Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State and the USAID Administrator shall
submit a report to the appropriate congressional committees detailing
plans, consistent with the restriction contained in paragraph (1), to--
(A) protect and strengthen the rights of Afghan women and
girls;
(B) support higher education programs, including continued
support for the American University of Afghanistan's (AUAF)
online programs and support for other higher education
institutions in South Asia and the Middle East that are hosting
AUAF and other Afghan students;
(C) support Afghan civil society activists, journalists, and
independent media, including in third countries; and
(D) support health, education, including community-based
education, and other programs to address the basic needs of the
people of Afghanistan.
(b) Pakistan.--
(1) Limitation.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made available for
assistance for Pakistan may only be made available to support
counterterrorism and counterinsurgency capabilities in Pakistan.
(2) Withholding.--Of the funds appropriated under titles III and IV
of this Act that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the Secretary of
State reports to the Committees on Appropriations that Dr. Shakil Afridi
has been released from prison and cleared of all charges relating to the
assistance provided to the United States in locating Osama bin Laden.
(c) Sri Lanka.--
(1) Assistance.--Funds appropriated under title III of this Act
shall be made available for assistance for Sri Lanka for democracy and
economic development programs, particularly in areas recovering from
ethnic and religious conflict.
(2) Certification.--Funds appropriated by this Act for assistance
for the central Government of Sri Lanka may be made available only if
the Secretary of State certifies and reports to the Committees on
Appropriations that such Government is taking effective and consistent
steps to--
(A) protect the rights and freedoms of the people of Sri
Lanka regardless of ethnicity and religious belief, including by
investigating violations of human rights and the laws of war and
holding perpetrators of such violations accountable;
(B) implement the necessary political, economic, military,
and legal reforms to enable economic recovery and to prevent
conflict and future economic crises;
(C) increase transparency and accountability in governance
and combat corruption, including bringing to justice public
officials who have engaged in significant acts of corruption;
(D) assert its sovereignty against influence by the People's
Republic of China; and
(E) promote reconciliation between ethnic and religious
groups, particularly arising from past conflict in Sri Lanka, as
described under this section in House Report 118-146:
Provided, That the limitations of this paragraph shall not apply to
funds made available for humanitarian assistance and disaster response;
to protect human rights, locate and identify missing persons, and assist
victims of torture and trauma; to promote justice, accountability, and
reconciliation; to enhance maritime security and domain awareness; to
promote fiscal transparency and sovereignty; and for International
Military Education and Training.
(3) Limitation.--Funds appropriated by this Act that are made
available for assistance for the Sri Lankan armed forces may only be
made available for--
(A) international peacekeeping operations training;
(B) humanitarian assistance and disaster response;
(C) instruction in human rights and related curricula
development;
(D) maritime security and domain awareness, including
professionalization and training for the navy and coast guard;
and
(E) programs and activities under the heading
``International Military Education and Training''.
(4) Consultation.--Funds made available for assistance for Sri Lanka
for international peacekeeping operations training shall be subject to
prior consultation with the Committees on Appropriations.
latin america and the caribbean
Sec. 7045. (a) Assistance for Latin America and the Caribbean.--Funds
appropriated by this Act under titles III and IV and made available for
countries in Latin America and the Caribbean shall be prioritized for programs
as described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
(b) Central America.--
(1) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for countries in Central
America, consistent with subsection (a), of which--
(A) $61,500,000 should be made available to support entities
and activities to combat corruption and impunity in such
countries, including, as appropriate, offices of Attorneys
General;
(B) $70,000,000 should be made available for programs to
reduce violence against women and girls, including for
Indigenous women and girls;
(C) funds should be made available for assistance for El
Salvador, Guatemala, and Honduras for programs that support
locally-led development in such countries: Provided, That up to
15 percent of the funds made available to carry out this
subparagraph may be used by the Administrator of the United
States Agency for International Development for administrative
and oversight expenses related to the purposes of this
subparagraph: Provided further, That the USAID Administrator
shall consult with the Committees on Appropriations on the
planned uses of funds to carry out this subparagraph prior to
the initial obligation of funds: Provided further, That such
funds shall be subject to the regular notification procedures of
the Committees on Appropriations; and
(D) funds shall be made available for the youth empowerment
program established pursuant to section 7045(a)(1)(C) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103).
(2) Limitation on assistance to certain central governments.--
(A) Of the funds made available pursuant to paragraph (1)
under the heading ``Economic Support Fund'' and under title IV
of this Act, 60 percent of such funds that are made available
for assistance for each of the central governments of El
Salvador, Guatemala, and Honduras may only be obligated after
the Secretary of State certifies and reports to the Committees
on Appropriations that such government is--
(i) combating corruption and impunity, including
investigating and prosecuting government officials,
military personnel, and police officers credibly alleged
to be corrupt, and improving strategies to combat money
laundering and other global financial crimes;
(ii) implementing reforms, policies, and programs to
strengthen the rule of law, including increasing the
transparency of public institutions, strengthening the
independence of judicial and electoral institutions, and
improving the transparency of political campaign and
political party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil society
groups, opposition political parties, and the
independence of the media;
(iv) providing effective and accountable law
enforcement and security for its citizens, curtailing
the role of the military in public security, and
upholding due process of law;
(v) implementing programs to reduce violence against
women and girls;
(vi) implementing policies to reduce poverty and
promote economic growth and opportunity, including the
implementation of reforms to strengthen educational
systems, vocational training programs, and programs for
at-risk youth;
(vii) cooperating with the United States to counter
drug trafficking, human trafficking and smuggling, and
other transnational crime;
(viii) cooperating with the United States and other
governments in the region to facilitate the return,
repatriation, and reintegration of migrants;
(ix) taking demonstrable actions to secure national
borders and stem mass migration, including by informing
its citizens of the dangers of the journey to the
southwest border of the United States and advancing
efforts to combat crime and violence, build economic
opportunity, improve government services, and protect
human rights; and
(x) implementing policies that improve the
environment for businesses, including foreign
businesses, to operate and invest, including executing
tax reform in a transparent manner, ensuring effective
legal mechanisms for reimbursements of tax refunds owed
to United States businesses, and resolving disputes
involving the confiscation of real property of United
States entities.
(B) Exceptions.--The limitation of subparagraph (A) shall
not apply to funds appropriated by this Act that are made
available for--
(i) judicial entities and activities to combat
corruption and impunity;
(ii) programs to combat gender-based violence;
(iii) programs to promote and protect human rights,
including those of Indigenous communities and Afro-
descendants, and to investigate human rights abuses;
(iv) support for women's economic empowerment;
(v) humanitarian assistance; and
(vi) food security programs.
(C) Foreign military financing program.--None of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' may be made available for assistance for El
Salvador, Guatemala, or Honduras, except for programs that
support humanitarian assistance and disaster response.
(c) Colombia.--
(1) Pre-obligation reports.--Prior to the initial obligation of
funds appropriated by this Act and made available for assistance for
Colombia, the Secretary of State shall submit the reports required under
this section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(2) Assistance.--
(A) Funds appropriated by this Act under titles III and IV
shall be made available for assistance for Colombia: Provided,
That such funds shall be made available for the programs and
activities described under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' and made
available for assistance pursuant to this subsection, not less
than $40,000,000 shall be made available to enhance rural
security in coca producing municipalities and other
municipalities with high levels of illicit activities:
Provided, That such funds shall be prioritized in such
municipalities that are also targeted for assistance programs
that provide viable economic alternatives and improve access to
public services.
(3) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for
Colombia, 20 percent may be obligated only if the Secretary of
State certifies and reports to the Committees on Appropriations
that in the previous 12 months the Government of Colombia has--
(i) reduced overall coca cultivation, production,
and drug trafficking;
(ii) continued cooperating with the United States on
joint counternarcotics strategies; and
(iii) maintained extradition cooperation with the
United States.
(B) Human rights.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' and
made available for assistance for Colombia, 20 percent may be
obligated only if the Secretary of State certifies and reports
to the Committees on Appropriations that--
(i) the Special Jurisdiction for Peace and other
judicial authorities, as appropriate, are sentencing
perpetrators of gross violations of human rights,
including those with command responsibility, to
deprivation of liberty;
(ii) the Government of Colombia is making consistent
progress in reducing threats and attacks against human
rights defenders and other civil society activists, and
judicial authorities are prosecuting and punishing those
responsible for ordering and carrying out such attacks;
(iii) the Government of Colombia is making
consistent progress in protecting Afro-Colombian and
Indigenous communities and is respecting their rights
and territories;
(iv) senior military officers credibly alleged, or
whose units are credibly alleged, to be responsible for
ordering, committing, and covering up cases of false
positives and other extrajudicial killings, or of
committing other gross violations of human rights, or of
conducting illegal communications intercepts or other
illicit surveillance, are being held accountable,
including removal from active duty if found guilty
through criminal, administrative, or disciplinary
proceedings; and
(v) the Colombian Armed Forces are cooperating fully
with the requirements described in clauses (i) through
(iv).
(4) Exceptions.--The limitations of paragraph (3) shall not apply to
funds made available for aviation instruction and maintenance, and
maritime and riverine security programs.
(5) Authority.--Aircraft supported by funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs and made available for
assistance for Colombia may be used to transport personnel and supplies
involved in drug eradication and interdiction, including security for
such activities, and to provide transport in support of alternative
development programs and investigations by civilian judicial
authorities.
(6) Limitation.--None of the funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for assistance
for Colombia may be made available for payment of reparations to
conflict victims, compensation to demobilized combatants, or cash
subsidies for agrarian reforms associated with the implementation of the
2016 peace agreement between the Government of Colombia and illegal
armed groups.
(d) Cuba Democracy Programs.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' and made available for democracy programs in
Cuba may not be made available for business promotion, economic reform,
entrepreneurship, or any other assistance that is not democracy building as
expressly authorized in the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 and the Cuban Democracy Act of 1992.
(e) Cuban Doctors.--
(1) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees listing the countries and
international organizations for which the Secretary has credible
information are directly paying the Government of Cuba for coerced and
trafficked labor of Cuban medical professionals: Provided, That such
report shall be submitted in unclassified form but may include a
classified annex.
(2) Designation.--The Secretary of State shall apply the
requirements of section 7031(c) of this Act to officials from countries
and organizations identified in the report required pursuant to the
previous paragraph.
(f) Facilitating Irresponsible Migration.--None of the funds appropriated or
otherwise made available by this Act may be used to encourage, mobilize,
publicize, or manage mass-migration caravans towards the United States southwest
border: Provided, That not later than 180 days after the date of enactment of
this Act, the Secretary of State shall report to the appropriate congressional
committees with analysis on the organization and funding of mass-migration
caravans in the Western Hemisphere: Provided further, That the prohibition
contained in this subsection shall not be construed to preclude the provision of
humanitarian assistance.
(g) Haiti.--
(1) Assistance.--Funds appropriated by this Act under titles III and
IV shall be made available for assistance for Haiti to support the basic
needs of the Haitian people.
(2) Certification.--Funds appropriated by this Act that are made
available for assistance for Haiti may only be made available for the
central Government of Haiti if the Secretary of State certifies and
reports to the appropriate congressional committees by January 1, 2025
that elections have been scheduled or held in Haiti and it is in the
national interest of the United States to provide such assistance.
(3) Exceptions.--Notwithstanding paragraph (2), funds may be made
available to support--
(A) democracy programs;
(B) police, anti-gang, and administration of justice
programs, including to reduce pre-trial detention and eliminate
inhumane prison conditions;
(C) public health, food security, subsistence farmers, water
and sanitation, education, and other programs to meet basic
human needs; and
(D) disaster relief and recovery.
(4) Consultation.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are made available for any new program,
project, or activity in Haiti shall be subject to prior consultation
with the Committees on Appropriations: Provided, That the requirement
of this paragraph shall also apply to any funds from such Acts that are
made available for support for an international security force in Haiti.
(5) Prohibition.--None of the funds appropriated or otherwise made
available by this Act may be used for assistance for the armed forces of
Haiti.
(6) Haitian coast guard.--The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(7) Modification.--Section 7045(c)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328) is amended by striking ``paragraph
(1)'' and inserting ``paragraph (2)''.
(h) Mexico.--Of the funds appropriated under title IV in this Act that are
made available for assistance for Mexico, 15 percent shall be withheld from
obligation until the Secretary of State certifies and reports to the appropriate
congressional committees that the Government of Mexico has taken steps to--
(1) reduce the amount of fentanyl arriving at the United States-
Mexico border;
(2) dismantle and hold accountable transnational criminal
organizations;
(3) support joint counternarcotics operations and intelligence
sharing with United States counterparts; and
(4) respect extradition requests for criminals sought by the United
States.
(i) Nicaragua.--Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $15,000,000 shall be made available
for democracy and religious freedom programs for Nicaragua.
(j) Organization of American States.--
(1) The Secretary of State shall instruct the United States
Permanent Representative to the Organization of American States (OAS) to
use the voice and vote of the United States to:
(A) implement budgetary reforms and efficiencies within the
Organization;
(B) eliminate arrears, increase other donor contributions,
and impose penalties for successive late payment of assessments;
(C) prevent programmatic and organizational redundancies and
consolidate duplicative activities and functions;
(D) prioritize areas in which the OAS has expertise, such as
strengthening democracy, monitoring electoral processes, and
protecting human rights; and
(E) implement reforms within the Office of the Inspector
General (OIG) to ensure the OIG has the necessary leadership,
integrity, professionalism, independence, policies, and
procedures to properly carry out its responsibilities in a
manner that meets or exceeds best practices in the United
States.
(2) Prior to the obligation of funds appropriated by this Act and
made available for an assessed contribution to the Organization of
American States, but not later than 90 days after the date of enactment
of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on actions taken or planned to be
taken pursuant to paragraph (1) that are in addition to actions taken
during the preceding fiscal year, and the results of such actions.
(k) The Caribbean.--Of the funds appropriated by this Act under titles III
and IV, not less than $88,000,000 shall be made available for the Caribbean
Basin Security Initiative.
(l) Venezuela.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $50,000,000 should be made available for
democracy programs for Venezuela.
(2) Of the funds made available pursuant to paragraph (1) that are
allocated for electoral-related activities, 50 percent may only be
obligated after the Secretary of State determines and reports to the
appropriate congressional committees that elections related to such
activities--
(A) allow for the diaspora from Venezuela to participate;
(B) are open for credible, unobstructed international
observation; and
(C) allow for opposition candidates selected through
credible and democratic processes to participate.
(3) Funds shall be made available for assistance for communities in
countries supporting or otherwise impacted by migrants from Venezuela:
Provided, That such amounts are in addition to funds otherwise made
available for assistance for such countries and are subject to the
regular notification procedures of the Committees on Appropriations.
europe and eurasia
Sec. 7046. (a) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under title V of
the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2333)
or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United States and
Foreign Commercial Service while acting within his or her official
capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the United States International Development Finance
Corporation as authorized by the BUILD Act of 2018 (division F of Public
Law 115-254);
(5) any financing provided under the Export-Import Bank Act of 1945
(Public Law 79-173); or
(6) humanitarian assistance.
(b) Territorial Integrity.--None of the funds appropriated by this Act may
be made available for assistance for a government of an Independent State of the
former Soviet Union if such government directs any action in violation of the
territorial integrity or national sovereignty of any other Independent State of
the former Soviet Union, such as those violations included in the Helsinki Final
Act: Provided, That except as otherwise provided in section 7047(a) of this
Act, funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national security
interest of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State shall
consult with the Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) Turkey.--None of the funds made available by this Act may be used to
facilitate or support the sale of defense articles or defense services to the
Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms
Export Control Act (22 U.S.C. 2761 et seq.) unless the Secretary of State
determines and reports to the appropriate congressional committees that members
of the TPPD who are named in the July 17, 2017, indictment by the Superior Court
of the District of Columbia, and against whom there are pending charges, have
returned to the United States to stand trial in connection with the offenses
contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply to the use of
funds made available by this Act for border security purposes, for North
Atlantic Treaty Organization or coalition operations, or to enhance the
protection of United States officials and facilities in Turkey.
(d) Ukraine.--
(1) Strategy requirement.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State, in coordination with the
heads of other relevant Federal agencies, shall submit to the Speaker
and Minority Leader of the House of Representatives, the Majority and
Minority Leaders of the Senate, and the appropriate congressional
committees a strategy to prioritize United States national security
interests in response to Russian aggression in Ukraine and its impact in
Europe and Eurasia, which shall include an explanation of how United
States assistance for Ukraine and affected countries in the region
advances the objectives of such strategy: Provided, That such strategy
shall include clear goals, benchmarks, timelines, and strategic
objectives with respect to funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are made available for assistance for Ukraine,
including details on the staffing requirements necessary to carry out
such strategy.
(2) Cost matching.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' that are made available for contributions to the
Government of Ukraine may not exceed 50 percent of the total amount
provided for such assistance by all sources: Provided, That the
President may waive the limitation in this paragraph if the President
determines and reports to the appropriate congressional committees that
to do so is in the national security interest of the United States,
including a detailed justification for such determination and an
explanation as to why other donors to the Government of Ukraine are
unable to meet or exceed such level: Provided further, That following
such determination, the President shall submit a report to the Speaker
and Minority Leader of the House of Representatives, the Majority and
Minority Leaders of the Senate, and the appropriate congressional
committees every 120 days while assistance is provided in reliance on
the determination under the previous proviso detailing steps taken by
the Department of State to increase other donor contributions and an
update on the status of such contributions: Provided further, That the
requirements of this paragraph shall continue in effect until funds made
available by this Act pursuant to this paragraph have been expended.
(3) Oversight.--
(A) Staffing.--Funds appropriated under titles I and II of
this Act shall be made available to support the appropriate
level of staff in Ukraine and neighboring countries to conduct
effective monitoring and oversight of United States foreign
assistance and ensure the safety and security of United States
personnel, consistent with the strategy required in paragraph
(1).
(B) In-person monitoring.--The Secretary of State shall, to
the maximum extent practicable, ensure that funds appropriated
by this Act under the headings ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' and made available for project-based assistance for
Ukraine are subject to in-person monitoring by United States
personnel or by vetted third party monitors.
(C) Certification.--Not later than 15 days prior to the
initial obligation of funds appropriated by this Act and made
available for assistance for Ukraine under the headings
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Foreign Military Financing Program'',
the Secretary of State and the USAID Administrator shall jointly
certify and report to the appropriate congressional committees
that mechanisms for monitoring and oversight of funds are in
place and functioning to ensure accountability of such funds to
prevent waste, fraud, abuse, diversion, and corruption,
including mechanisms such as use of third-party monitors,
enhanced end-use monitoring, external and independent audits and
evaluations, randomized spot checks, and regular reporting on
outcomes achieved and progress made toward stated program
objectives, consistent with the strategy required in paragraph
(1): Provided, That section 7015(e) of this Act shall apply to
the certification requirement of this subparagraph.
(D) Notification.--The requirements of section 1706 of the
Additional Ukraine Supplemental Appropriations Act, 2023
(division M of Public Law 117-328) shall apply to funds
appropriated by this Act under titles I through IV that are made
available for assistance for Ukraine.
(E) Reports.--
(i) Not later than 60 days after the date of
enactment of this Act and every 90 days thereafter until
all funds appropriated by this Act and made available
for Ukraine have been expended, the Secretary of State
and the USAID Administrator shall provide a
comprehensive report to the appropriate congressional
committees on assistance made available for Ukraine
since February 24, 2022, in this Act and prior Acts
making appropriations for the Department of State,
foreign operations, and related programs: Provided,
That such report shall include the total amount of such
funds, disaggregated by account and fiscal year, that
remain unobligated, are obligated but unexpended, and
are committed but not yet notified.
(ii) Not later than 90 days after the date of
enactment of this Act and every 90 days thereafter until
all funds appropriated by this Act and made available
for Ukraine have been expended, the Secretary of State
and the USAID Administrator shall jointly report to the
appropriate congressional committees on the use and
planned uses of funds made available during fiscal year
2024 for assistance for Ukraine, including categories
and amounts, the intended results and the results
achieved, a summary of other donor contributions, and a
description of the efforts undertaken by the Secretary
and Administrator to increase other donor contributions:
Provided, That such reports shall also include the
metrics established to measure such results, and
determine effectiveness of funds provided, and a
detailed description of coordination and information
sharing with the Offices of the Inspectors General,
including a full accounting of any reported allegations
of waste, fraud, abuse, and corruption, steps taken to
verify such allegations, and steps taken to address all
verified allegations.
(F) Transparency.--The reports required under this
subsection shall be made publicly available consistent with the
requirements of section 7016(b) of this Act.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this Act may
be made available for assistance for the central Government of the Russian
Federation.
(b) Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this Act may be
made available for assistance for the central government of a country
that the Secretary of State determines and reports to the Committees on
Appropriations has taken affirmative steps intended to support or be
supportive of the Russian Federation annexation of Crimea or other
territory in Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on assistance
required by this paragraph if the Secretary determines and reports to
such Committees that to do so is in the national interest of the United
States, and includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act may be
made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over Crimea
or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of the Russian Federation or Russian-
backed forces, if such activity includes the participation of
Russian Government officials, or other Russian owned or
controlled financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of the Russian Federation or Russian-backed
forces, if such assistance includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities.
(3) International financial institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution (including
any loan, credit, grant, or guarantee) for any program that violates the
sovereignty or territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State determines and
reports to the Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea and other territory in
Ukraine under the control of the Russian Federation or Russian-backed
forces.
(c) Occupation of the Georgian Territories of Abkhazia and Tskhinvali
Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this Act may be
made available for assistance for the central government of a country
that the Secretary of State determines and reports to the Committees on
Appropriations has recognized the independence of, or has established
diplomatic relations with, the Russian Federation occupied Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia: Provided,
That the Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner: Provided
further, That the Secretary may waive the restriction on assistance
required by this paragraph if the Secretary determines and reports to
the Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification for such
interest.
(2) Limitation.--None of the funds appropriated by this Act may be
made available to support the Russian Federation occupation of the
Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution (including
any loan, credit, grant, or guarantee) for any program that violates the
sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--Of the funds appropriated by this
Act and prior Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Assistance for Europe,
Eurasia and Central Asia'', ``International Narcotics Control and Law
Enforcement'', ``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $300,000,000 shall be made available
to carry out the purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence in Europe and
Eurasia Act of 2017 (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
country limitation in subsection (b) of such section, and programs to enhance
the capacity of law enforcement and security forces in countries in Europe,
Eurasia, and Central Asia and strengthen security cooperation between such
countries and the United States and the North Atlantic Treaty Organization, as
appropriate: Provided, That funds made available pursuant to this paragraph
under the heading ``Foreign Military Financing Program'' may remain available
until September 30, 2025.
united nations and other international organizations
Sec. 7048. (a) Transparency and Accountability.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State shall report to
the Committees on Appropriations whether each organization, department, or
agency receiving a contribution from funds appropriated by this Act under the
headings ``Contributions to International Organizations'' and ``International
Organizations and Programs''--
(1) is posting on a publicly available website, consistent with
privacy regulations and due process, regular financial and programmatic
audits of such organization, department, or agency, and providing the
United States Government with necessary access to such financial and
performance audits;
(2) has submitted a report to the Department of State, which shall
be posted on the Department's website in a timely manner, demonstrating
that such organization is effectively implementing and enforcing
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to binding independent adjudicative bodies,
including shared cost and selection of external arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment; and
(3) is effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel;
(4) is taking credible steps to combat anti-Israel bias;
(5) is developing and implementing mechanisms to inform donors of
instances in which funds have been diverted or destroyed and an
explanation of the response by the respective international
organization; and
(6) is implementing policies and procedures to effectively vet staff
for any affiliation with a terrorist organization.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the funds
made available by this Act may be used to pay expenses for any United
States delegation to any specialized agency, body, or commission of the
United Nations if such agency, body, or commission is chaired or
presided over by a country, the government of which the Secretary of
State has determined, for purposes of section 1754(c) of the Export
Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports international
terrorism.
(2) Restrictions on contributions.--None of the funds made available
by this Act may be used by the Secretary of State as a contribution to
any organization, agency, commission, or program within the United
Nations system if such organization, agency, commission, or program is
chaired or presided over by a country the government of which the
Secretary of State has determined, for purposes of section 620A of the
Foreign Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)), or any other provision of law, is a government that has
repeatedly provided support for acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the restriction in
this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the national
interest of the United States, including a description of the national
interest served.
(c) United Nations Human Rights Council.--
(1) None of the funds appropriated by this Act may be made available
in support of the United Nations Human Rights Council unless the
Secretary of State determines and reports to the appropriate
congressional committees that participation in the Council is important
to the national interest of the United States and that such Council is
taking significant steps to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council: Provided,
That such report shall include a description of the national interest
served and provide a detailed reform agenda, including a timeline to
remove Israel as a permanent agenda item and ensure integrity in the
election of members to such Council: Provided further, That the
Secretary of State shall withhold, from funds appropriated by this Act
under the heading ``Contributions to International Organizations'' for a
contribution to the United Nations Regular Budget, the United States
proportionate share of the total annual amount of the United Nations
Regular Budget funding for the United Nations Human Rights Council until
such determination and report is made: Provided further, That if the
Secretary is unable to make such determination and report, such amounts
may be reprogrammed for purposes other than the United Nations Regular
Budget, subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That the Secretary shall report to
the Committees on Appropriations not later than September 30, 2024, on
the resolutions considered in the United Nations Human Rights Council
during the previous 12 months, and on steps taken to remove Israel as a
permanent agenda item and to improve the quality of membership through
competitive elections.
(2) None of the funds appropriated by this Act may be made available
for the United Nations International Commission of Inquiry on the
Occupied Palestinian Territory, including East Jerusalem, and Israel.
(d) Prohibition of Payments to United Nations Members.--None of the funds
appropriated or made available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or
in part any assessments, arrearages, or dues of any member of the United Nations
or, from funds appropriated by this Act to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961, the costs for participation of another country's
delegation at international conferences held under the auspices of multilateral
or international organizations.
(e) Report.--Not later than 45 days after the date of enactment of this Act,
the Secretary of State shall submit a report to the Committees on Appropriations
detailing the amount of funds available for obligation or expenditure in fiscal
year 2024 for contributions to any organization, department, agency, or program
within the United Nations system or any international program that are withheld
from obligation or expenditure due to any provision of law: Provided, That the
Secretary shall update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That the reprogramming of
any withheld funds identified in such report, including updates thereof, shall
be subject to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(f) Sexual Exploitation and Abuse in Peacekeeping Operations.--The Secretary
of State shall, to the maximum extent practicable, withhold assistance to any
unit of the security forces of a foreign country if the Secretary has credible
information that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping operation, until the
Secretary determines that the government of such country is taking effective
steps to hold the responsible members of such unit accountable and to prevent
future incidents: Provided, That the Secretary shall promptly notify the
government of each country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate congressional committees of
such withholding not later than 10 days after a determination to withhold such
assistance is made: Provided further, That the Secretary shall, to the maximum
extent practicable, assist such government in bringing the responsible members
of such unit to justice.
(g) Additional Availability.--Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated by this Act which are
returned or not made available due to the second proviso under the heading
``Contributions for International Peacekeeping Activities'' in title I of this
Act or section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)),
shall remain available for obligation until September 30, 2025: Provided, That
the requirement to withhold funds for programs in Burma under section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this
Act.
(h) Accountability Requirement.--Not later than 30 days after the date of
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development, shall
seek to enter into written agreements with each international organization that
receives funding appropriated by this Act to provide timely access to the
Inspectors General of the Department of State and the United States Agency for
International Development and the Comptroller General of the United States to
such organization's financial data and other information relevant to United
States contributions to such organization, as determined by the Inspectors and
Comptroller General.
(i) Strengthening American Presence at International Organizations.--
(1) Of the funds made available by this Act under the heading
``International Organizations and Programs'', not less than $5,000,000
shall be made available for the placement of United States citizens in
the Junior Professional Officer Programme.
(2) Of the funds made available by this Act under the heading
``Diplomatic Programs'', not less than $750,000 shall be made available
to enhance the competitiveness of United States citizens for leadership
positions in the United Nations system, including pursuant to section
9701 of the Department of State Authorization Act of 2022 (title XCVII
of division I of Public Law 117-263).
war crimes tribunal
Sec. 7049. If the President determines that doing so will contribute to a
just resolution of charges regarding genocide or other violations of
international humanitarian law, the President may direct a drawdown pursuant to
section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes Tribunal established
with regard to the former Yugoslavia by the United Nations Security Council or
such other tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under this
section shall be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to this section
shall be made available subject to the regular notification procedures of the
Committees on Appropriations.
global internet freedom
Sec. 7050. (a) Funding.--Of the funds available for obligation during fiscal
year 2024 under the headings ``International Broadcasting Operations'',
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $94,000,000 shall be made available
for programs to promote Internet freedom globally, consistent with section 9707
of the Department of State Authorization Act of 2022 (title XCVII of division I
of Public Law 117-263).
(b) Coordination and Spend Plans.--After consultation among the relevant
agency heads to coordinate and de-conflict planned activities, but not later
than 90 days after the date of enactment of this Act, the Secretary of State and
the Chief Executive Officer of the United States Agency for Global Media, in
consultation with the President of the Open Technology Fund, shall submit to the
Committees on Appropriations spend plans for funds made available by this Act
for programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure that such
programs are not used for illicit purposes: Provided, That the Department of
State spend plan shall include funding for all such programs for all relevant
Department of State and United States Agency for International Development
offices and bureaus.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by this Act
may be used to support or justify the use of torture and other cruel, inhuman,
or degrading treatment or punishment by any official or contract employee of the
United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this Act
shall be made available, notwithstanding section 660 of the Foreign Assistance
Act of 1961, for assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military, or other security
forces in countries receiving assistance from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other provision of
law or regulation, aircraft procured with funds appropriated by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Diplomatic Programs'',
``International Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in subsection (a) shall apply
only after the Secretary of State determines and reports to the Committees on
Appropriations that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That any such transfer
shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by the
Department of State and the United States Agency for International
Development with funds made available in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be coordinated under the authority of the
appropriate Chief of Mission: Provided, That such aircraft may be used
to transport, on a reimbursable or non-reimbursable basis, Federal and
non-Federal personnel supporting Department of State and USAID programs
and activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable basis, or
without reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of State in
connection with the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital Fund of the
Department and shall be available for expenses related to the purchase,
lease, maintenance, chartering, or operation of such aircraft.
(2) Scope.--The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent practicable,
the costs of operations and maintenance, including fuel, of aircraft funded by
this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) shall apply to this Act: Provided, That
subsection (f)(2)(B) of such section shall be applied by substituting
``September 30, 2023'' for ``September 30, 2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections 7086(b)(1)
and (2) and 7090(a) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund (IMF) to seek to
ensure that any loan will be repaid to the IMF before other private or
multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this Act may
be used to provide assistance (other than funds provided under the headings
``Development Assistance'', ``International Disaster Assistance'', ``Complex
Crises Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to the United
States any individual indicted for a criminal offense for which the maximum
penalty is life imprisonment without the possibility of parole or for killing a
law enforcement officer, as specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains diplomatic
relations and with which the United States has an extradition treaty and the
government of that country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the restriction in subsection
(a) on a case-by-case basis if the Secretary certifies to the Committees on
Appropriations that such waiver is important to the national interest of the
United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made available under titles
III through VI of this Act may be made available for Enterprise Funds unless the
appropriate congressional committees are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the appropriate
congressional committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and operation of
any private equity fund or other parallel investment fund under an existing
Enterprise Fund, the President shall submit such transition or operating plan to
the appropriate congressional committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the heading
``International Organizations and Programs'' in this Act for fiscal year 2024,
$32,500,000 shall be made available for the United Nations Population Fund
(UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for UNFPA, that
are not made available for UNFPA because of the operation of any provision of
law, shall be transferred to the ``Global Health Programs'' account and shall be
made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made available
by this Act may be used by UNFPA for a country program in the People's Republic
of China.
(d) Conditions on Availability of Funds.--Funds made available by this Act
for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an account
separate from other accounts of UNFPA and does not commingle such funds
with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations indicating the amount of funds that UNFPA is budgeting
for the year in which the report is submitted for a country program in
the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans to
spend funds for a country program in the People's Republic of China in
the year covered by the report, then the amount of such funds UNFPA
plans to spend in the People's Republic of China shall be deducted from
the funds made available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV of this
Act that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to research on, and
the prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for provisions under the
heading ``Global Health Programs'' and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et
seq.), as amended: Provided, That of the funds appropriated under title III of
this Act, not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act under
the heading ``Global Health Programs'' shall be made available for
global health security programs to accelerate the capacity of countries
to prevent, detect, and respond to infectious disease outbreaks,
including by strengthening public health capacity where there is a high
risk of emerging zoonotic infectious diseases: Provided, That not later
than 60 days after the date of enactment of this Act, the Administrator
of the United States Agency for International Development and the
Secretary of State, as appropriate, shall consult with the Committees on
Appropriations on the planned uses of such funds.
(2) Extraordinary measures.--If the Secretary of State determines
and reports to the Committees on Appropriations that an international
infectious disease outbreak is sustained, severe, and is spreading
internationally, or that it is in the national interest to respond to a
Public Health Emergency of International Concern, not to exceed an
aggregate total of $200,000,000 of the funds appropriated by this Act
under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Disaster Assistance'', ``Complex Crises
Fund'', ``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be made
available to combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds appropriated under
such headings for the purposes of this paragraph.
(3) Emergency reserve fund.--Up to $70,000,000 of the funds made
available under the heading ``Global Health Programs'' may be made
available for the Emergency Reserve Fund established pursuant to section
7058(c)(1) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds shall be made available under the same terms
and conditions of such section.
(4) Consultation and notification.--Funds made available by this
subsection shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Limitation.--Notwithstanding any other provision of law, none of the
funds made available by this Act may be made available to the Wuhan Institute of
Virology located in the City of Wuhan in the People's Republic of China.
gender equality and women's empowerment
Sec. 7059. (a) In General.--Funds appropriated by this Act shall be made
available to promote the equality and empowerment of women and girls in United
States Government diplomatic and development efforts by raising the status,
increasing the economic participation and opportunities for political
leadership, and protecting the rights of women and girls worldwide.
(b) Women's Economic Empowerment.--Funds appropriated by this Act shall be
made available to expand economic opportunities for women by increasing the
number and capacity of women-owned enterprises, improving property rights for
women, increasing women's access to financial services and capital, enhancing
the role of women in economic decision-making at the local, national, and
international levels, and improving women's ability to participate in the global
economy, including through implementation of the Women's Entrepreneurship and
Economic Empowerment Act of 2018 (Public Law 115-428): Provided, That the
Secretary of State and the Administrator of the United States Agency for
International Development, as applicable, shall consult with the Committees on
Appropriations on the uses of funds made available pursuant to this subsection.
(c) Gender Equity and Equality Action Fund.--Of the funds appropriated under
title III of this Act, up to $200,000,000 may be made available for the Gender
Equity and Equality Action Fund.
(d) Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $50,000,000 shall be
made available for the Madeleine K. Albright Women's Leadership Program, as
established by section 7059(b) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2023 (division K of Public Law 117-
328).
(e) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of this Act,
not less than $250,000,000 shall be made available to implement a multi-
year strategy to prevent and respond to gender-based violence in
countries where it is common in conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act that are
available to train foreign police, judicial, and military personnel,
including for international peacekeeping operations, shall address,
where appropriate, prevention and response to gender-based violence and
trafficking in persons, and shall promote the integration of women into
the police and other security forces.
(3) Funds made available pursuant to this subsection should include
efforts to combat a variety of forms of violence against women and
girls, including child marriage, rape, and female genital cutting and
mutilation.
(f) Women, Peace, and Security.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``International Narcotics Control
and Law Enforcement'', $150,000,000 should be made available to support a multi-
year strategy to expand, and improve coordination of, United States Government
efforts to empower women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the equitable
provision of relief and recovery assistance to women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $922,000,000 shall be made available for the Nita
M. Lowey Basic Education Fund, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That such
funds shall also be used for secondary education activities:
Provided further, That of the funds made available by this
paragraph, $150,000,000 should be available for the education of
girls in areas of conflict.
(B) Of the funds appropriated under title III of this Act
for assistance for basic education programs, $152,000,000 shall
be made available for contributions to multilateral partnerships
that support education.
(2) Higher education.--Of the funds appropriated by title III of
this Act, not less than $271,000,000 shall be made available for
assistance for higher education: Provided, That such funds may be made
available notwithstanding any other provision of law that restricts
assistance to foreign countries, and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $33,000,000 shall be made
available for new and ongoing partnerships between higher education
institutions in the United States and developing countries focused on
building the capacity of higher education institutions and systems in
developing countries: Provided further, That of such amount and in
addition to the previous proviso, not less than $35,000,000 shall be
made available for higher education programs pursuant to section
7060(a)(3) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021 (division K of Public Law 116-260).
(3) Scholar rescue programs.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia'', not
less than $7,000,000 shall be made available for scholar rescue programs
to support projects that strengthen democracy and civil society by
protecting scholars at risk overseas, including through fellowships and
placement opportunities abroad, which shall be administered by the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State.
(b) Development Programs.--Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $18,500,000 shall be made
available for United States Agency for International Development cooperative
development programs and not less than $31,500,000 shall be made available for
the American Schools and Hospitals Abroad program.
(c) Disability Programs.--Funds appropriated by this Act under the heading
``Development Assistance'' shall be made available for programs and activities
administered by USAID to address the needs of, and protect and promote the
rights of, people with disabilities in developing countries, including
initiatives that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, political and electoral
participation, and integration of individuals with disabilities, including for
the cost of translation: Provided, That funds shall be made available to
support disability rights advocacy organizations in developing countries:
Provided further, That of the funds made available pursuant to this subsection,
5 percent may be used by USAID for management, oversight, and technical support.
(d) Food Security and Agricultural Development.--
(1) Use of funds.--Of the funds appropriated by title III of this
Act, not less than $960,000,000 shall be made available for food
security and agricultural development programs to carry out the purposes
of the Global Food Security Act of 2016 (Public Law 114-195), including
for the Feed the Future Innovation Labs: Provided, That funds may be
made available for a contribution as authorized by section 3202 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3310 of the Agriculture Improvement Act of 2018
(Public Law 115-334).
(2) Feed the future modernization.--Of the funds made available
pursuant to this subsection--
(A) not less than 50 percent should be made available for
the Feed the Future target countries; and
(B) not less than $25,000,000 shall be made available to
support private sector investment in food security, including as
catalytic capital.
(e) Micro, Small, and Medium-Sized Enterprises.--Of the funds appropriated
by this Act, not less than $252,000,000 shall be made available to support the
development of, and access to financing for, micro, small, and medium-sized
enterprises that benefit the poor, especially women.
(f) Programs to Combat Trafficking in Persons.--Of the funds appropriated by
this Act under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and ``International
Narcotics Control and Law Enforcement'', not less than $111,000,000 shall be
made available for activities to combat trafficking in persons internationally,
including for the Program to End Modern Slavery, of which not less than
$89,500,000 shall be from funds made available under the heading ``International
Narcotics Control and Law Enforcement'': Provided, That funds made available by
this Act under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia'' that are made
available for activities to combat trafficking in persons should be obligated
and programmed consistent with the country-specific recommendations included in
the annual Trafficking in Persons Report, and shall be coordinated with the
Office to Monitor and Combat Trafficking in Persons, Department of State:
Provided further, That such funds are in addition to funds made available by
this Act under the heading ``Diplomatic Programs'' for the Office to Monitor and
Combat Trafficking in Persons: Provided further, That funds made available by
this Act shall be made available to further develop, standardize, and update
training for all United States Government personnel under Chief of Mission
authority posted at United States embassies and consulates abroad on recognizing
signs of human trafficking and protocols for reporting such cases.
(g) Public-Private Partnerships.--Of the funds appropriated by this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic Support Fund'',
$100,000,000 shall be made available to support new public-private partnership
foundations for conservation and food security if legislation establishing such
foundations is enacted into law by December 31, 2024.
(h) Reconciliation Programs.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than $25,000,000 shall be made
available to support people-to-people reconciliation programs which bring
together individuals of different ethnic, racial, religious, and political
backgrounds from areas of civil strife and war: Provided, That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent practicable, such
funds shall be matched by sources other than the United States Government:
Provided further, That such funds shall be administered by the Center for
Conflict and Violence Prevention, USAID.
(i) Water and Sanitation.--Of the funds appropriated by this Act, not less
than $451,000,000 shall be made available for water supply and sanitation
projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which
not less than $225,500,000 shall be for programs in sub-Saharan Africa.
(j) Deviation.--Unless otherwise provided for by this Act, the Secretary of
State and the USAID Administrator, as applicable, may deviate below the minimum
funding requirements designated in sections 7059, 7060, and 7061 of this Act by
up to 10 percent, notwithstanding such designation: Provided, That such
deviations shall only be exercised to address unforeseen or exigent
circumstances: Provided further, That concurrent with the submission of the
report required by section 653(a) of the Foreign Assistance Act of 1961, the
Secretary shall submit to the Committees on Appropriations in writing any
proposed deviations utilizing such authority that are planned at the time of
submission of such report: Provided further, That any deviations proposed
subsequent to the submission of such report shall be subject to prior
consultation with such Committees: Provided further, That not later than
November 1, 2025, the Secretary of State shall submit a report to the Committees
on Appropriations on the use of the authority of this subsection.
environment programs
Sec. 7061. (a) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law, except for
the provisions of this section and only subject to the reporting procedures of
the Committees on Appropriations, to support environment programs.
(b)(1) Of the funds appropriated under title III of this Act, not less than
$365,750,000 shall be made available for biodiversity conservation programs.
(2) Not less than $118,750,000 of the funds appropriated under titles III
and IV of this Act shall be made available to combat the transnational threat of
wildlife poaching and trafficking.
(3) None of the funds appropriated under title IV of this Act may be made
available for training or other assistance for any military unit or personnel
that the Secretary of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in the national
security interest of the United States.
(4) Funds appropriated by this Act for biodiversity programs shall not be
used to support the expansion of industrial scale logging, agriculture,
livestock production, mining, or any other industrial scale extractive activity
into areas that were primary/intact tropical forests as of December 30, 2013,
and the Secretary of the Treasury shall instruct the United States executive
directors of each international financial institution (IFI) to use the voice and
vote of the United States to oppose any financing of any such activity.
(c) The Secretary of the Treasury shall instruct the United States executive
director of each IFI that it is the policy of the United States to use the voice
and vote of the United States, in relation to any loan, grant, strategy, or
policy of such institution, regarding the construction of any large dam
consistent with the criteria set forth in Senate Report 114-79, while also
considering whether the project involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not less than
$175,750,000 shall be made available for sustainable landscapes programs.
(e) Of the funds appropriated under title III of this Act, not less than
$256,500,000 shall be made available for adaptation programs, including in
support of the implementation of the Indo-Pacific Strategy.
(f) Of the funds appropriated under title III of this Act, not less than
$247,000,000 shall be made available for clean energy programs, including in
support of carrying out the purposes of the Electrify Africa Act (Public Law
114-121) and implementing the Power Africa initiative.
(g) Funds appropriated by this Act under title III may be made available for
United States contributions to the Adaptation Fund and the Least Developed
Countries Fund.
(h) Of the funds appropriated under title III of this Act, not less than
$47,500,000 shall be made available for the purposes enumerated under section
7060(c)(7) of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260): Provided, That
such funds may only be made available following consultation with the Committees
on Appropriations.
(i) Of the funds appropriated under title III of this Act, not less than
$19,000,000 shall be made available to support Indigenous and other civil
society organizations in developing countries that are working to protect the
environment, including threatened and endangered species.
(j) The Secretary of State and USAID Administrator shall implement the
directive regarding law enforcement in national parks and protected areas as
described under this section in Senate Report 118-71.
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after the date of
enactment of this Act, each department, agency, or organization funded in titles
I, II, and VI of this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the Inter-American
Foundation and the United States African Development Foundation, shall submit to
the Committees on Appropriations an operating plan for funds appropriated to
such department, agency, or organization in such titles of this Act, or funds
otherwise available for obligation in fiscal year 2024, that provides details of
the uses of such funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative description/
justification: Provided further, That operating plans that include changes in
levels of funding for programs, projects, and activities specified in the
congressional budget justification, in this Act, or amounts designated in the
tables in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), as applicable, shall be subject
to the notification and reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary of State
or Administrator of the United States Agency for International
Development, as appropriate, shall submit to the Committees on
Appropriations a spend plan for funds made available by this Act for--
(A) assistance for countries in Central America and the
Caribbean, Cambodia, Ethiopia, Iraq, Pacific Islands countries,
Pakistan, Tunisia, and Ukraine;
(B) assistance for the Africa Regional Counterterrorism
program, Caribbean Basin Security Initiative, Central America
Regional Security Initiative, Counterterrorism Partnerships
Fund, Global Peace Operations Initiative, Indo-Pacific Strategy
and the Countering PRC Influence Fund, Partnership for Global
Infrastructure and Investment, Partnership for Regional East
Africa Counterterrorism, Power Africa, Prosper Africa, and
Trans-Sahara Counterterrorism Partnership;
(C) assistance made available pursuant to the following
sections in this Act: section 7032; section 7036; section
7047(d) (on a country-by-country basis); section 7059; and
subsections (a), (d), (e), (f), (h), and (i) of section 7060;
(D) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include bilateral
and global programs funded under such heading along with a brief
description of the activities planned for each country; and
(E) implementation of the Global Fragility Act of 2019.
(2) Not later than 90 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by this
Act under the headings ``Department of the Treasury, International
Affairs Technical Assistance'' in title III and ``Treasury International
Assistance Programs'' in title V.
(3) Notwithstanding paragraph (1), up to 10 percent of the funds
contained in a spend plan required by this subsection may be obligated
prior to the submission of such spend plan if the Secretary of State,
the USAID Administrator, or the Secretary of the Treasury, as
applicable, determines that the obligation of such funds is necessary to
avoid significant programmatic disruption: Provided, That not less than
seven days prior to such obligation, the Secretary or Administrator, as
appropriate, shall consult with the Committees on Appropriations on the
justification for such obligation and the proposed uses of such funds.
(c) Clarification.--The spend plans referenced in subsection (b) shall not
be considered as meeting the notification requirements in this Act or under
section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations shall be
provided to the Committees on Appropriations concurrent with the date of
submission of the President's budget for fiscal year 2025: Provided, That the
appendices for such justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds appropriated by
this Act, prior Acts making appropriations for the Department of State, foreign
operations, and related programs, or any other Act may not be used to implement
a reorganization, redesign, or other plan described in subsection (b) by the
Department of State, the United States Agency for International Development, or
any other Federal department, agency, or organization funded by this Act without
prior consultation by the head of such department, agency, or organization with
the appropriate congressional committees: Provided, That such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification submitted to such
Committees shall include a detailed justification for any proposed action:
Provided further, That congressional notifications submitted in prior fiscal
years pursuant to similar provisions of law in prior Acts making appropriations
for the Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered departments,
agencies, or organizations, including bureaus and offices within or
between such departments, agencies, or organizations, including the
transfer to other agencies of the authorities and responsibilities of
such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United States
official presence overseas, including at bilateral, regional, and
multilateral diplomatic facilities and other platforms; or
(3) expand or reduce the size of the permanent Civil Service,
Foreign Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the staffing levels
previously justified to the Committees on Appropriations for fiscal year
2024.
department of state matters
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the Working
Capital Fund that are made available for new service centers, shall be subject
to the regular notification procedures of the Committees on Appropriations.
(b) Certification.--
(1) Compliance.--Not later than 45 days after the initial obligation
of funds appropriated under titles III and IV of this Act that are made
available to a Department of State bureau or office with responsibility
for the management and oversight of such funds, the Secretary of State
shall certify and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office is in
compliance with Department and Federal financial and grants management
policies, procedures, and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the capacity of a
bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall submit a
plan and timeline detailing the steps to be taken to bring such bureau
or office into compliance.
(c) Other Matters.--
(1) In addition to amounts appropriated or otherwise made available
by this Act under the heading ``Diplomatic Programs''--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(2) Funds appropriated or otherwise made available by this Act under
the heading ``Diplomatic Programs'' are available for acquisition by
exchange or purchase of passenger motor vehicles as authorized by law
and, pursuant to section 1108(g) of title 31, United States Code, for
the field examination of programs and activities in the United States
funded from any account contained in title I of this Act.
(3) Consistent with section 204 of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (22 U.S.C. 2452b), up to $25,000,000 of the amounts made available
under the heading ``Diplomatic Programs'' in this Act may be obligated
and expended for United States participation in international fairs and
expositions abroad, including for construction and operation of a United
States pavilion at Expo 2025.
(4) Of the funds appropriated by this Act under the heading
``Diplomatic Programs'', not less than $500,000 shall be made available
for additional personnel for the Bureau of Legislative Affairs,
Department of State.
(5) Reports required by section 303(g) of the Convention on Cultural
Property Implementation Act (19 U.S.C. 2602) shall also be submitted to
the Committees on Appropriations: Provided, That such reports shall
also include information concerning compliance with section 303(c) of
such Act.
(6)(A) The notification requirement of paragraphs (2) and (3) of
subsection (j) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(j)) shall also apply to the Committees on Appropriations.
(B) The justification requirement of paragraph (4) of subsection (j)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(j)) shall also apply to the Committees on Appropriations.
(C) Not later than 90 days after the date of enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees a report detailing the criteria used to certify that a
position established in accordance with paragraph (2) of subsection (j)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(j)) does not require the exercise of significant authority
pursuant to the laws of the United States: Provided, That such report
shall also include a listing of each special appointment authorized by
such section, the number of positions for the applicable office, and the
salary and other support costs of such office, and such report shall be
updated and submitted to the such committees every 180 days thereafter
until September 30, 2025.
united states agency for international development management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds made available in
title III of this Act pursuant to or to carry out the provisions of part I of
the Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment basis
pursuant to the authority of sections 308 and 309 of the Foreign Service Act of
1980 (22 U.S.C. 3948 and 3949).
(b) Restriction.--The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2025.
(c) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall be the
account to which the responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section may be transferred
to, and merged with, funds appropriated by this Act in title II under the
heading ``Operating Expenses''.
(d) Foreign Service Limited Extensions.--Individuals hired and employed by
USAID, with funds made available in this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980 (22 U.S.C.
3949), may be extended for a period of up to 4 years notwithstanding the
limitation set forth in such section.
(e) Disaster Surge Capacity.--Funds appropriated under title III of this Act
to carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available for such purposes,
for the cost (including the support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry out programs in
response to natural disasters or man-made disasters, subject to the regular
notification procedures of the Committees on Appropriations.
(f) Personal Services Contractors.--Funds appropriated by this Act to carry
out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Food for Peace Act (Public Law 83-
480; 7 U.S.C. 1721 et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any other provision
of law, for the purpose of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until permanent direct
hire personnel are hired and trained: Provided, That not more than 15 of such
contractors shall be assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for Peace Act (Public
Law 83-480; 7 U.S.C. 1721 et seq.), may be made available only for personal
services contractors assigned to the Bureau for Humanitarian Assistance.
(g) Small Business.--In entering into multiple award indefinite-quantity
contracts with funds appropriated by this Act, USAID may provide an exception to
the fair opportunity process for placing task orders under such contracts when
the order is placed with any category of small or small disadvantaged business.
(h) Senior Foreign Service Limited Appointments.--Individuals hired pursuant
to the authority provided by section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of Public
Law 111-117) may be assigned to or support programs in Afghanistan or Pakistan
with funds made available in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs.
(i) Crisis Operations Staffing.--Up to $86,000,000 of the funds made
available in title III of this Act pursuant to, or to carry out the provisions
of, part I of the Foreign Assistance Act of 1961 and section 509(b) of the
Global Fragility Act of 2019 (title V of division J of Public Law 116-94) may be
made available for the United States Agency for International Development to
appoint and employ personnel in the excepted service to prevent or respond to
foreign crises and contexts with growing instability: Provided, That functions
carried out by personnel hired under the authority of this subsection shall be
related to the purpose for which the funds were appropriated: Provided further,
That such funds are in addition to funds otherwise available for such purposes
and may remain attributed to any minimum funding requirement for which they were
originally made available: Provided further, That the USAID Administrator shall
coordinate with the Director of the Office of Personnel Management and consult
with the appropriate congressional committees on implementation of this
provision.
(j) Personal Service Agreements.--Funds appropriated by this Act under
titles II and III may be made available for the USAID Administrator to exercise
the authorities of section 2669(c) of title 22, United States Code.
stabilization and development in regions impacted by extremism and conflict
Sec. 7066. (a) Prevention and Stabilization Fund.--Of the funds appropriated
by this Act under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Peacekeeping Operations'', and ``Foreign
Military Financing Program'', not less than $135,000,000 shall be made available
for the Prevention and Stabilization Fund for the purposes enumerated in section
509(a) of the Global Fragility Act of 2019 (title V of division J of Public Law
116-94): Provided, That such funds shall be prioritized for countries with
national and local governments with the demonstrated political will and capacity
to partner on strengthening government legitimacy: Provided further, That the
Secretary of State and the Administrator of the United States Agency for
International Development shall consult with the Committees on Appropriations on
the intended prioritization and allocation of such funds not later than 60 days
prior to submitting the pre-obligation spend plans required by section 7062(b)
of this Act: Provided further, That funds appropriated under such headings may
be transferred to, and merged with, funds appropriated under such headings for
such purposes: Provided further, That such transfer authority is in addition to
any other transfer authority provided by this Act or any other Act, and is
subject to prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That funds made available
pursuant to this subsection under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2025.
(b) Transitional Justice.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International Narcotics Control and Law
Enforcement'', not less than $10,000,000 shall be made available for programs to
promote accountability for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available by this Act for
such purposes: Provided, That such programs shall include components to develop
local investigative and judicial skills, and to collect and preserve evidence
and maintain the chain of custody of evidence, including for use in
prosecutions, and may include the establishment of, and assistance for,
transitional justice mechanisms: Provided further, That such funds shall be
administered by the Ambassador-at-Large for the Office of Global Criminal
Justice, Department of State, and shall be subject to prior consultation with
the Committees on Appropriations: Provided further, That funds made available
by this paragraph shall be made available on an open and competitive basis.
debt-for-development
Sec. 7067. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-nature
exchanges, a nongovernmental organization which is a grantee or contractor of
the United States Agency for International Development may place in interest
bearing accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject to the
regular notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose for which the
assistance was provided to that organization.
extension of consular fees and related authorities
Sec. 7068. (a) Section 1(b)(1) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(1)) shall be applied through fiscal year 2024 by substituting
``the costs of providing consular services'' for ``such costs''.
(b) Section 21009 of the Emergency Appropriations for Coronavirus Health
Response and Agency Operations (division B of Public Law 116-136; 134 Stat. 592)
shall be applied during fiscal year 2024 by substituting ``2020 through 2024''
for ``2020 and 2021''.
(c) Discretionary amounts made available to the Department of State under
the heading ``Administration of Foreign Affairs'' of this Act, and discretionary
unobligated balances under such heading from prior Acts making appropriations
for the Department of State, foreign operations, and related programs, may be
transferred to the Consular and Border Security Programs account if the
Secretary of State determines and reports to the Committees on Appropriations
that to do so is necessary to sustain consular operations, following
consultation with such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this Act and under any
other provision of law: Provided further, That no amounts may be transferred
from amounts designated as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
(d) In addition to the uses permitted pursuant to section 286(v)(2)(A) of
the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)), for fiscal year
2024, the Secretary of State may also use fees deposited into the Fraud
Prevention and Detection Account for the costs of providing consular services.
(e) Amounts provided pursuant to subsection (b) are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of
1985.
management and oversight
Sec. 7069. (a) Management.--
(1) Consistent with paragraph (2), there is hereby established in
the Treasury of the United States the ``USAID Buying Power Maintenance
Account''.
(2) Up to $50,000,000 of expired or unexpired discretionary
unobligated balances appropriated for this and for any succeeding fiscal
year under the heading ``Operating Expenses'' may be transferred to, and
merged with, the account established pursuant to paragraph (1) not later
than the end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which appropriated:
Provided, That amounts deposited in such account shall be available
until expended for the purposes of offsetting adverse fluctuations in
foreign currency exchange rates or overseas wage and price changes to
maintain overseas operations, in addition to such other funds as may be
available for such purposes: Provided further, That amounts from such
account may be transferred to, and merged with, funds appropriated under
titles II and III of this Act or subsequent Acts making appropriations
for the Department of State, foreign operations, and related programs
for such purposes: Provided further, That any specific designation or
restriction contained in this Act or any other provision of law limiting
the amounts available that may be obligated or expended shall be deemed
to be adjusted to the extent necessary to offset the net effect of
fluctuations in foreign currency exchange rates or overseas wage and
price changes in order to maintain approved levels: Provided further,
That transfers pursuant to this subsection shall be subject to the
regular notification procedures of the Committees on Appropriations.
(b) Accountability and Oversight.--For purposes of strengthening oversight,
efficiency, and accountability, of the relocation activities and related support
of individuals at risk as a result of the situation in Afghanistan, including
travel and related expenditures, security and vetting, sustainment and other
needs, fees, examinations, and administrative expenses, there is hereby
established in the Treasury of the United States the ``Enduring Welcome
Administrative Expenses Account'': Provided, That such funds may be made
available as contributions and the administrative authorities in the Foreign
Assistance Act of 1961 may be made available with respect to such funds, as
appropriate: Provided further, That unobligated balances from prior year
appropriations available to the Department of State for support for Operation
Enduring Welcome and related efforts may be transferred to such account for the
purposes specified in this subsection: Provided further, That amounts
transferred to this account from funds made available under the heading ``United
States Emergency Refugee and Migration Assistance Fund'' may be made available
notwithstanding any provision of law which restricts assistance to foreign
countries: Provided further, That not later than 30 days after the
establishment of such account, the Secretary of State shall submit to the
Committees on Appropriations a report detailing the funds available for
obligation under the Enduring Welcome Administrative Expenses Account, the
proposed uses of such funds by program, project, and activity and each planned
use of the authority of the previous proviso: Provided further, That such
report shall be updated and submitted to the Committees on Appropriations every
60 days until September 30, 2025: Provided further, That amounts transferred
pursuant to this subsection that were previously designated by the Congress as
an emergency requirement pursuant to a concurrent resolution on the budget or
the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of
1985.
multilateral development banks
Sec. 7070. The African Development Fund Act (22 U.S.C. 290g et seq.) is
amended by adding at the end the following new section:
``SEC. 227. SIXTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund is authorized to
contribute on behalf of the United States $591,000,000 to the sixteenth
replenishment of the resources of the Fund, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the United
States contribution provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $591,000,000 for payment by the
Secretary of the Treasury.''.
prohibitions on certain transactions involving special drawing rights
Sec. 7071. (a) Prohibition on Certain Transactions Involving Perpetrators of
Genocide and State Sponsors of Terrorism Without Congressional Authorization.--
Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b)) is amended by
adding at the end the following:
``(3) Unless Congress by law authorizes such action, neither the President
nor any person or agency shall on behalf of the United States engage in any
voluntary transaction involving the exchange of Special Drawing Rights that are
held by a member country of the Fund, if the Secretary of State has found that
the government of the member country--
``(A) has committed genocide at any time during the 1-year period
ending with the date of the transaction; or
``(B) has repeatedly provided support for acts of international
terrorism.
``(4) The Secretary of the Treasury shall direct the United States Executive
Director at each international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act) to use the voice and
vote of the United States to--
``(A) oppose the provision of financial assistance to any government
with respect to which the Secretary of State has made a finding
described in paragraph (3); and
``(B) seek to ensure that the member countries of the institution do
not engage in voluntary transactions involving the exchange of Special
Drawing Rights held by such a government.
``(5) Waiver.--The President may waive paragraphs (3) and (4) on a case-by-
case basis if the President reports to the Committee on Financial Services of
the House of Representatives and the Committee on Foreign Relations of the
Senate that the waiver is in the national interest of the United States, and
includes a detailed explanation of the reasons therefor.''.
(b) Repeal.--Effective on the date that is 10 years after the date of the
enactment of this Act, paragraphs (3) through (5) of section 6(b) of the Special
Drawing Rights Act, as added by subsection (a) of this section, are repealed.
(c) Energy Security and IMF Accountability.--
(1) In general.--The Secretary of the Treasury may, through December
31, 2031, make direct loans not to exceed $21,000,000,000 in the
aggregate to the Poverty Reduction and Growth Trust (in this subsection
referred to as the ``PRGT'') of the International Monetary Fund (in this
subsection referred to as the ``IMF''), provided that funds made
available in prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the heading
``Contributions to International Monetary Fund Facilities and Trust
Funds'' shall be available to cover the cost, as defined in section 502
of the Congressional Budget Act of 1974, of loans to the PRGT, subject
to paragraph (2).
(2) Limitation.--No portion of the funds described under paragraph
(1) may be used for the provision of loans by the United States to the
Resilience and Sustainability Trust (in this subsection referred to as
the ``RST'') of the IMF, or for the transfer of resources from the PRGT
to the RST.
(d) Congressional Notification With Respect to Exceptional Access Lending.--
(1) In general.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286zz) is amended by adding at the end the following:
``SEC. 74. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS
LENDING.
``(a) In General.--The United States Executive Director at the Fund may not
support any proposal that would alter the criteria used by the Fund for
exceptional access lending if the proposal would permit a country that is
ineligible, before the proposed alteration, to receive exceptional access
lending, unless, not later than 15 days before consideration of the proposal by
the Board of Executive Directors of the Fund, the Secretary of the Treasury has
submitted to the Committee on Financial Services of the House of Representatives
and the Committee on Foreign Relations of the Senate a report on the
justification for the proposal and the effects of the proposed alteration on
moral hazard and repayment risk at the Fund.
``(b) Waiver.--The Secretary of the Treasury may reduce the applicable
notice period required under subsection (a) to not less than 7 days on reporting
to the Committee on Financial Services of the House of Representatives and
Committee on Foreign Relations of the Senate that the reduction is important to
the national interest of the United States, with an explanation of the reasons
therefor.''.
(2) Repeal.--Effective on the date that is 10 years after the date
of the enactment of this Act, section 74 of the Bretton Woods Agreements
Act, as added by paragraph (1) of this subsection, is repealed.
(e) New Arrangements to Borrow.--
(1) Extension.--Section 17(a)(6) of the Bretton Woods Agreements Act
(22 U.S.C. 286e-2(a)(6)) is amended by striking ``December 31, 2025''
and inserting ``December 31, 2030''.
(2) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall submit to the
Committee on Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate a strategy with respect to
the New Arrangements to Borrow (NAB) of the International Monetary Fund,
including any recommendations to reduce the resources of the NAB beyond
reductions proposed under the 16th General Review of Quotas, that
maintains United States support for the International Monetary Fund as a
quota-based institution.
extension of certain requirements of the president's emergency plan for aids
relief
Sec. 7072. (a) Inspectors General and Annual Study.--Section 101 of the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(22 U.S.C. 7611) is amended--
(1) in subsection (f)(1)--
(A) in subparagraph (A), by striking ``2023'' and inserting
``March 25 of fiscal year 2025''; and
(B) in subparagraph (C)(iv)--
(i) by striking ``nine'' and inserting ``eleven'';
and
(ii) by striking ``2023'' and inserting ``2025'';
and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``September 30, 2024'' and
inserting ``March 25, 2025''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``2024'' and
inserting ``2025''; and
(ii) by striking ``September 30, 2024'' and
inserting ``March 25, 2025''.
(b) Participation in the Global Fund to Fight AIDS, Tuberculosis, and
Malaria.--Section 202(d) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``2023'' and
inserting ``March 25 of fiscal year 2025''; and
(ii) in clause (ii), by striking ``2023'' and
inserting ``March 25 of fiscal year 2025''; and
(B) in subparagraph (B)(iii), by striking ``2023'' and
inserting ``2024 and March 25 of fiscal year 2025''; and
(2) in paragraph (5), by striking ``2023'' and inserting ``2024 and
for fiscal year 2025 through March 25 of such fiscal year''.
(c) Allocation of Funds.--Section 403 of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673) is
amended--
(1) in subsection (b), by striking ``2023'' and inserting ``2024 and
fiscal year 2025 through March 25 of such fiscal year''; and
(2) in subsection (c), in the matter preceding paragraph (1), by
striking ``2023'' and inserting ``2024 and for fiscal year 2025 through
March 25 of such fiscal year''.
gaza oversight
Sec. 7073. (a) Certification.--The Secretary of State shall certify and
report to the appropriate congressional committees not later than 15 days after
the date of enactment of this Act, that--
(1) oversight policies, processes, and procedures have been
established by the Department of State and the United States Agency for
International Development, as appropriate, and are in use to prevent the
diversion to Hamas and other terrorist and extremist entities in Gaza
and the misuse or destruction by such entities of assistance, including
through international organizations; and
(2) such policies, processes, and procedures have been developed in
coordination with other bilateral and multilateral donors and the
Government of Israel, as appropriate.
(b) Oversight Policy and Procedures.--The Secretary of State and the USAID
Administrator shall submit to the appropriate congressional committees,
concurrent with the submission of the certification required in subsection (a),
a written description of the oversight policies, processes, and procedures for
funds appropriated by this Act that are made available for assistance for Gaza,
including specific actions to be taken should such assistance be diverted,
misused, or destroyed, and the role of the Government of Israel in the oversight
of such assistance.
(c) Requirement to Inform.--The Secretary of State and USAID Administrator
shall promptly inform the appropriate congressional committees of each instance
in which funds appropriated by this Act that are made available for assistance
for Gaza have been diverted, misused, or destroyed, to include the type of
assistance, a description of the incident and parties involved, and an
explanation of the response of the Department of State or USAID, as appropriate.
(d) Third Party Monitoring.--Funds appropriated by this Act shall be made
available for third party monitoring of assistance for Gaza, including end use
monitoring, following consultation with the appropriate congressional
committees.
(e) Report.--Not later than 90 days after the initial obligation of funds
appropriated by this Act that are made available for assistance for Gaza, and
every 90 days thereafter until all such funds are expended, the Secretary of
State and the USAID Administrator shall jointly submit to the appropriate
congressional committees a report detailing the amount and purpose of such
assistance provided during each respective quarter, including a description of
the specific entity implementing such assistance.
(f) Assessment.--Not later than 90 days after the date of enactment of this
Act and every 90 days thereafter until September 30, 2025, the Secretary of
State, in consultation with the Director of National Intelligence and other
heads of elements of the intelligence community that the Secretary considers
relevant, shall submit to the appropriate congressional committees a report
assessing whether funds appropriated by this Act and made available for
assistance for the West Bank and Gaza have been diverted to or destroyed by
Hamas or other terrorist and extremist entities in the West Bank and Gaza:
Provided, That such report shall include details on the amount and how such
funds were made available and used by such entities: Provided further, That
such report may be submitted in classified form, if necessary.
(g) Consultation.--Not later than 30 days after the date of enactment of
this Act but prior to the initial obligation of funds made available by this Act
for humanitarian assistance for Gaza, the Secretary of State and USAID
Administrator, as appropriate, shall consult with the Committees on
Appropriations on the amount and anticipated uses of such funds.
other matters
(including rescissions of funds)
Sec. 7074. (a) Funds appropriated or otherwise made available by this Act
for programs to counter foreign propaganda and disinformation, and for related
purposes, may only be made available for the purpose of countering such efforts
by foreign state and non-state actors abroad, including through programs of the
Global Engagement Center established pursuant to section 1287 of the National
Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note): Provided,
That not later than 90 days after enactment of this Act but prior to the initial
obligation of funds made available for the Global Engagement Center, the
Secretary of State shall submit a report to the appropriate congressional
committees detailing the steps taken by the Department of State to resolve each
of the 18 recommendations detailed in the Office of Inspector General,
Department of State, report ``Inspection of the Global Engagement Center'' (ISP
I-22-15).
(b) None of the funds appropriated or otherwise made available by this Act
may be obligated or expended to fly or display a flag over a facility of the
United States Department of State other than the--
(1) United States flag;
(2) Foreign Service flag pursuant to 2 FAM 154.2-1;
(3) POW/MIA flag;
(4) Hostage and Wrongful Detainee flag, pursuant to section 904 of
title 36, United States Code;
(5) flag of a State, insular area, or the District of Columbia at
domestic locations;
(6) flag of an Indian Tribal government;
(7) official branded flag of a United States agency; or
(8) sovereign flag of other countries.
(c) Funds may be transferred to the United States Section of the
International Boundary and Water Commission, United States and Mexico, from
Federal or non-Federal entities, to study, design, construct, operate, and
maintain treatment and flood control works and related structures, consistent
with the functions of the United States Section: Provided, That such funds
shall be deposited in an account under the heading ``International Boundary and
Water Commission, United States and Mexico'', to remain available until
expended.
(d) During fiscal year 2024, section 614(a)(4)(A)(ii) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2364(a)(4)(A)(ii)) shall be applied by
substituting ``$500,000,000'' for ``$250,000,000''.
(e)(1) Of the unobligated balances from amounts in the Department of the
Treasury Forfeiture Fund, established by section 9705 of title 31, United States
Code, $260,000,000 are hereby permanently rescinded, not later than September
30, 2024.
(2) Of the unobligated balances from amounts made available by section
104A(m) of Public Law 103-325 (12 U.S.C. 4703a(m)), $50,000,000 are hereby
permanently rescinded.
(3) Of the unobligated balances in the ``Nonrecurring Expenses Fund''
established in section 223 of division G of Public Law 110-161, $50,000,000 are
hereby rescinded not later than September 30, 2024.
rescissions
(including rescissions of funds)
Sec. 7075. (a) Millennium Challenge Corporation.--Of the unobligated
balances from amounts made available under the heading ``Millennium Challenge
Corporation'' from prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $475,000,000 are rescinded.
(b) Embassy Security, Construction, and Maintenance.--Of the unobligated
balances from amounts made available under the heading ``Embassy Security,
Construction, and Maintenance'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs, $224,000,000 are
rescinded.
(c) International Narcotics Control and Law Enforcement.--Of the unobligated
balances from amounts made available under the heading ``International Narcotics
Control and Law Enforcement'' from prior Acts making appropriations for the
Department of State, foreign operations, and related programs, $50,000,000 are
rescinded.
(d) Economic Support Fund.--Of the unobligated balances from amounts made
available under the heading ``Economic Support Fund'' from prior Acts making
appropriations for the Department of State, foreign operations, and related
programs, $152,496,000 are rescinded.
(e) Consular and Border Security Programs.--Of the unobligated balances
available in the ``Consular and Border Security Programs'' account, $902,340,000
are rescinded.
(f) Export-Import Bank.--Of the unobligated balances from amounts made
available under the heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriation'' for tied-aid grants from
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, $114,130,000 are rescinded.
(g) Restriction.--No amounts may be rescinded from amounts that were
previously designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2024''.
DIVISION G--OTHER MATTERS
TITLE I--EXTENSIONS AND OTHER MATTERS
SEC. 101. NATIONAL FLOOD INSURANCE PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood Insurance Act of 1968
(42 U.S.C. 4016(a)) shall be applied by substituting ``September 30, 2024'' for
``September 30, 2023''.
(b) Program Expiration.--Sections 1319 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4026) shall be applied by substituting ``September 30, 2024''
for ``September 30, 2023''.
(c) Retroactive Effective Date.--This section shall take effect as if
enacted on September 30, 2023.
SEC. 102. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical Corrections Act
of 1994 (8 U.S.C. 1182 note) shall be applied by substituting ``September 30,
2024'' for ``September 30, 2015''.
SEC. 103. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2024'' for ``September 30, 2015''.
SEC. 104. NON-MINISTER RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)) shall be applied by substituting ``September 30, 2024'' for
``September 30, 2015'' each place such date appears.
SEC. 105. H-2B SUPPLEMENTAL VISA EXEMPTION.
Notwithstanding the numerical limitation set forth in section 214(g)(1)(B)
of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary
of Homeland Security, after consultation with the Secretary of Labor, and upon
the determination that the needs of United States businesses cannot be satisfied
during fiscal year 2024 with United States workers who are willing, qualified,
and able to perform temporary nonagricultural labor, may increase the total
number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year by not more than
the highest number of H-2B nonimmigrants who participated in the H-2B returning
worker program in any fiscal year in which returning workers were exempt from
such numerical limitation.
SEC. 106. NATIONAL CYBERSECURITY PROTECTION SYSTEMS.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6
U.S.C. 1525(a)) is amended by striking ``September 30, 2023'' and inserting
``September 30, 2024''.
SEC. 107. PRICE-ANDERSON ACT.
(a) Extension.--Section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'') is amended by striking
``December 31, 2025'' each place it appears and inserting ``December 31, 2065''.
(b) Liability.--Section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'') is amended--
(1) in subsection d. (5), by striking ``$500,000,000'' and inserting
``$2,000,000,000''; and
(2) in subsection e. (4), by striking ``$500,000,000'' and inserting
``$2,000,000,000''.
(c) Report.--Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(p)) (commonly known as the ``Price-Anderson Act'') is amended by striking
``December 31, 2021'' and inserting ``December 31, 2061''.
(d) Definition of Nuclear Incident.--Section 11 q. of the Atomic Energy Act
of 1954 (42 U.S.C. 2014(q)) is amended, in the second proviso, by striking ``if
such occurrence'' and all that follows through ``United States:'' and inserting
a colon.
SEC. 108. PASSENGER SECURITY FEE.
(a) In General.--Section 44940 of title 49, United States Code, is amended
in subsection (i)(4)(G) by striking ``$1,560,000,000'' and inserting
``$760,000,000''.
(b) Application.--This section shall be applied as if it were in effect on
October 1, 2023.
SEC. 109. EXTENSION OF NON-MEDICARE SEQUESTER.
Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901a(6)) is amended by inserting after subparagraph (D) the
following:
``(E) The sequestration order issued by the President under
subparagraph (D) shall also include, effective upon issuance, that--
``(i) the percentage reduction for nonexempt direct spending
for the defense function is 4.0 percent; and
``(ii) except as provided in subparagraph (D), the
percentage reduction for nonexempt direct spending for
nondefense functions is 2.8 percent.''.
TITLE II--UDALL FOUNDATION REAUTHORIZATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Udall Foundation Reauthorization Act of
2024''.
SEC. 202. INVESTMENT EARNINGS.
Section 8(b)(1) of the Morris K. Udall and Stewart L. Udall Foundation Act
(20 U.S.C. 5606(b)(1)) is amended by adding at the end the following:
``Beginning on October 1, 2023, and thereafter, interest earned from investments
made with any new appropriations to the Trust Fund shall only be available
subject to appropriations and is authorized to be appropriated to carry out the
provisions of this Act.''.
SEC. 203. REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.
Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5609) is amended--
(1) in subsection (a), by striking ``2023'' and inserting ``2029'';
(2) in subsection (b), in the matter preceding paragraph (1), by
striking ``2023'' and inserting ``2029''; and
(3) in subsection (c), by striking ``5-fiscal year period'' and all
that follows through the period at the end and inserting ``5-fiscal year
period beginning with fiscal year 2025.''.
SEC. 204. AUDIT OF THE FOUNDATION.
Not later than 4 years after the date of enactment of this section, the
Inspector General of the Department of the Interior shall complete an audit of
the Morris K. Udall and Stewart L. Udall Foundation.
TITLE III--FUNDING LIMITATION FOR UNITED NATIONS RELIEF AND WORKS AGENCY
SEC. 301. FUNDING LIMITATION.
Notwithstanding any other provision of any other division of this Act, funds
appropriated or otherwise made available by this Act or other Acts making
appropriations for the Department of State, foreign operations, and related
programs, including provisions of Acts providing supplemental appropriations for
the Department of State, foreign operations, and related programs, may not be
used for a contribution, grant, or other payment to the United Nations Relief
and Works Agency, notwithstanding any other provision of law--
(1) for any amounts provided in prior fiscal years or in fiscal year
2024; or
(2) for amounts provided in fiscal year 2025, until March 25, 2025.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
(b) Senate PAYGO Scorecards.--The budgetary effects of this division shall
not be entered on any PAYGO scorecard maintained for purposes of section 4106 of
H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the
Budget Scorekeeping Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report 105-217 and section
250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900(c)(8)), the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act (2 U.S.C. 901);
(2) for purposes of an allocation to the Committee on Appropriations
pursuant to section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)); and
(3) for purposes of section 3(4)(C) of the Statutory Pay-As-You-Go
Act of 2010 (2 U.S.C. 932(4)(C)) as being included in an appropriation
Act.
(d) Exceptions.--Notwithstanding subsection (c), the budgetary effects of
the offsetting collections authorized under section 44940 of title 49, United
States Code, as amended by section 108 of this division of this Act, that are
made available in division C of this Act shall be estimated for purposes of
section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985.
Attest:
Clerk.