[Congressional Record Volume 169, Number 148 (Wednesday, September 13, 2023)]
[Senate]
[Pages S4456-S4493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1157. Mr. PAUL submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:
Strike divisions B and C and insert the following:
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$41,072,000 of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,578,000 shall be available for the Office of
Homeland Security; not to exceed $2,215,000 shall be
available for the Office of Tribal Relations; not to exceed
$7,044,000 shall be available for the Office of Partnerships
and Public Engagement; not to exceed $21,315,000 shall be
available for the Office of the Assistant Secretary for
Administration, of which $20,440,000 shall be available for
Departmental Administration to provide for necessary expenses
for management support services to offices of the Department
and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds
made available by this Act to an agency in the Administration
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office; and
not to exceed $3,869,000 shall be available for the Office of
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs to carry out the programs funded by
this Act, including programs involving intergovernmental
affairs and liaison within the executive branch: Provided
further, That the Secretary of Agriculture is authorized to
transfer funds appropriated for any office of the Office of
the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 5
percent: Provided further, That the amount made available
under this heading for Departmental Administration shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558: Provided further, That funds
made available under this heading for the Office of the
Assistant Secretary for Congressional Relations and
Intergovernmental Affairs shall be transferred to agencies of
the Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency: Provided further, That during
any 30 day notification period referenced in section 716 of
this Act, the Secretary of Agriculture shall take no action
to begin implementation of the action that is subject to
section 716 of this Act or make any public announcement of
such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $29,181,000, of which $8,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155: Provided, That of the amounts made available
under this heading, $500,000 shall be available to carry out
section 224 of subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $16,173,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $11,337,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $79,442,000, of which not less than
$66,731,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $7,118,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$22,789,000.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security,
and Protection, $18,800,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $109,561,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
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expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $44,408,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,277,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $1,800,000:
Provided, That funds made available by this Act to an agency
in the Research, Education, and Economics mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office: Provided
further, That of the amounts made available under this
heading, $1,000,000 shall be made available for the Office of
the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $187,513,000, of which up to $46,850,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100,000 and with
prior notification and approval of the Committees on
Appropriations of both Houses of Congress, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,745,542,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for four buildings to be constructed at a
cost not to exceed $5,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, up to $16,700,000
to remain available until expended, shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding'' in the report
accompanying this Act.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $1,085,221,000 which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, grants management systems,
tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for providing grants for food
and agricultural sciences for Alaska Native and Native
Hawaiian-Serving institutions and for Insular Areas shall
remain available until September 30, 2025: Provided further,
That funds for education grants for 1890 institutions shall
be made available to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222: Provided further, That not
more than 5 percent of the amounts made available by this or
any other Act to carry out the Agriculture and Food Research
Initiative under 7 U.S.C. 3157 may be retained by the
Secretary of Agriculture to pay administrative costs incurred
by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $564,860,000 which shall be for
the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law
93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$41,500,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2025: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $800,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,168,964,000;
of which $514,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $15,450,000, to remain
available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt
retirement for active eradication zones; of which
$49,683,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $3,096,000 shall
be for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which
$67,430,000, to remain available until expended, shall be
used to support avian
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health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure;
of which $224,521,000, to remain available until expended,
shall be for specialty crop pests; of which, $13,637,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $21,567,000, to remain
available until expended, shall be for zoonotic disease
management; of which $44,617,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $55,562,000, to remain available until expended,
shall be for tree and wood pests; of which $6,500,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended; of which $24,527,000, to
remain available until expended, shall be used to carry out
the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Kansas: Provided further, That no funds shall be used to
formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the
purchase, replacement, operation, and maintenance of
aircraft: Provided further, That in addition, in emergencies
which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer
from other appropriations or funds available to the agencies
or corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such
emergency purposes in the preceding fiscal year shall be
merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law
(7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
In fiscal year 2024, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $184,668,000, of which $5,004,000 shall be available
for the purposes of section 12306 of Public Law 113-79:
Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to
the development or maintenance of grain standards under the
United States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $62,596,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $21,501,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,197,067,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2024 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $231,302,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,215,307,000, of which not less than $15,000,000 shall be
for the hiring of new employees to fill vacancies and
anticipated vacancies at Farm Service Agency county offices
and farm loan officers and shall be available until September
30, 2025: Provided, That not more than 50 percent of the
funding made available under this heading for information
technology related to farm program delivery may be obligated
until the Secretary submits to the Committees on
Appropriations of both Houses of Congress, and receives
written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for
each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates
for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each
project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and
guidance, and (c) subject to the applicable Department's
capital planning and investment control requirements; and (3)
has been reviewed by the Government Accountability Office and
approved by the Committees on Appropriations of both Houses
of Congress: Provided further, That the agency shall submit
a report by the end of the fourth quarter of fiscal year 2024
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against
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key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That of the
amount appropriated under this heading, $696,594,000 shall be
made available to county committees, to remain available
until expended: Provided further, That, notwithstanding the
preceding proviso, any funds made available to county
committees in the current fiscal year that the Administrator
of the Farm Service Agency deems to exceed or not meet the
amount needed for the county committees may be transferred to
or from the Farm Service Agency for necessary expenses:
Provided further, That none of the funds available to the
Farm Service Agency shall be used to close Farm Service
Agency county offices: Provided further, That none of the
funds available to the Farm Service Agency shall be used to
permanently relocate county based employees that would result
in an office with two or fewer employees without prior
notification and approval of the Committees on Appropriations
of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$6,000,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $7,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), relending program
(7 U.S.C. 1936c), and Indian highly fractionated land loans
(25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows:
$3,500,000,000 for guaranteed farm ownership loans and
$3,100,000,000 for farm ownership direct loans;
$2,118,491,000 for unsubsidized guaranteed operating loans
and $1,633,000,000 for direct operating loans; emergency
loans, $37,667,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
relending program, $61,426,000; Indian highly fractionated
land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows:
$3,507,000 for emergency loans, to remain available until
expended; and $27,598,000 for direct farm operating loans,
$1,483,000 for unsubsidized guaranteed farm operating loans,
$19,368,000 for the relending program,$1,577,000 for Indian
highly fractionated land loans, and $258,000 for boll weevil
eradication program loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $326,053,000:
Provided, That of this amount, $305,803,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$63,637,000: Provided, That $1,000,000 of the amount
appropriated under this heading in this Act shall be
available for compliance and integrity activities required
under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
amounts otherwise provided for such purpose: Provided
further, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $911,399,000, to remain available
until September 30, 2025, of which up to $18,748,000, to
remain available until expended, shall be for the purposes,
and in the amounts, specified for this account in the table
titled ``Community Project Funding'' in the report
accompanying this Act: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business: Provided further, That the Secretary shall notify
the Committees on Appropriations of the House and Senate in
writing 15 days prior to the obligation or commitment of any
emergency funds from the Commodity Credit Corporation.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $15,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $800,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $331,087,000: Provided further, That of the
amount made available under this heading,
[[Page S4460]]
no less than $75,000,000, to remain available until expended,
shall be for information technology expenses. Provided, That
notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising
and promotional activities that support Rural Development
programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i)
of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts
collected under such section, as amended by this Act, will
immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $880,691,000 shall be for Section
502 direct loans; $5,000,000 for a Single Family Housing
Relending demonstration program for Native American Tribes;
and $30,000,000,000 for Section 502 unsubsidized guaranteed
loans; $25,000,000 for section 504 housing repair loans;
$60,000,000 for section 515 rental housing; $400,000,000 for
section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $86,660,000 shall be for direct loans; Single Family
Housing Relending demonstration program for Native American
Tribes, $2,288,000; section 504 housing repair loans,
$4,337,000; section 523 self-help housing land development
loans, $637,000; section 524 site development loans,
$477,000; and repair, rehabilitation, and new construction of
section 515 rental housing, $20,998,000: Provided, That to
support the loan program level for section 538 guaranteed
loans made available under this heading the Secretary may
charge or adjust any fees to cover the projected cost of such
loan guarantees pursuant to the provisions of the Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area
waiver under section 541 of the Housing Act of 1949 (42
U.S.C. 1490q) shall be treated as living in a rural area for
purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available
under this paragraph for section 502 direct loans, no less
than $5,000,000 shall be available for direct loans for
individuals whose homes will be built pursuant to a program
funded with a mutual and self-help housing grant authorized
by section 523 of the Housing Act of 1949 until June 1, 2024:
Provided further, That the Secretary shall implement
provisions to provide incentives to nonprofit organizations
and public housing authorities to facilitate the acquisition
of Rural Housing Service (RHS) multifamily housing properties
by such nonprofit organizations and public housing
authorities that commit to keep such properties in the RHS
multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, $34,000,000, to
remain available until expended, for a demonstration program
for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to
restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or re-amortizing loan debt; and other
financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided, That the Secretary shall, as part of the
preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the
restructuring.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $9,525,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,606,926,000, and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon
request by an owner of a project financed by an existing loan
under section 514 or 515 of the Act, the Secretary may renew
the rental assistance agreement for a period of 20 years or
until the term of such loan has expired, subject to annual
appropriations: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may
be transferred and used for purposes of any debt reduction,
maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That
notwithstanding any other provision of the Act, the Secretary
may recapture rental assistance provided under agreements
entered into prior to fiscal year 2024 for a project the
Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs: Provided
further, That such recaptured funds shall remain available
for obligation in fiscal year 2024 for the purposes specified
under the heading: Provided further, That such recaptured
rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project
financed under section 514 or 516 of the Act.
rural housing voucher account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, $48,000,000, to remain
available until expended: Provided, That the funds made
available under this heading shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided
further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided
further, That funds made available for such vouchers shall be
subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum
extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section
8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided
further, That in addition to any other available funds, the
Secretary may expend not more than $1,000,000 total, from the
program funds made available under this heading, for
administrative expenses for activities funded under this
heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $25,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $35,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$650,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, $327,636,000, to remain available
until expended, of which up to $312,037,648 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding'' in the report
accompanying this Act: Provided, That $5,000,000 of the
amount appropriated under this heading shall be available for
a Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary
[[Page S4461]]
organizations proposing to carry out a program of financial
and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from
other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That any unobligated balances from prior
year appropriations under this heading for the cost of direct
loans, loan guarantees and grants, including amounts
deobligated or cancelled, may be made available to cover the
subsidy costs for direct loans and or loan guarantees under
this heading in this fiscal year: Provided further, That no
amounts may be made available pursuant to the preceding
proviso from amounts that were designated by the Congress as
an emergency requirement pursuant to a Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, or that were specified in the table
titled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement for division A of
Public Law 117-328 described in section 4 in the matter
preceding such division A: Provided further, That $6,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$68,840,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $6,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That of the amount appropriated under this heading,
not to exceed $100,000 shall be made available for one or
more qualified state technology councils to promote private-
sector economic development in the bio-sciences: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to funds made
available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $16,000,000.
For the cost of direct loans, $4,856,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $331,000 shall be available through June 30,
2024, for Federally Recognized Native American Tribes; and of
which $663,000 shall be available through June 30, 2024, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be paid to the
appropriation for ``Rural Development, Salaries and
Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for
the purpose of promoting rural economic development and job
creation projects, $75,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $15,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $19,600,000, of which
$2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $8,000,000, to
remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by
section 379E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s), $5,000,000.
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $50,000,000.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(2) of the Consolidated Farm and
Rural Development Act, as follows: $1,000,000,000 for direct
loans; and $50,000,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural water,
waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of the Consolidated Farm and Rural Development
Act, $587,120,000, to remain available until expended, of
which up to $120,101,362 shall be for the purposes, and in
the amounts, specified for this account in the table titled
``Community Project Funding'' in the report accompanying this
Act, of which not to exceed $1,000,000 shall be available for
the rural utilities program described in section 306(a)(2)(B)
of such Act, and of which not to exceed $4,000,000 shall be
available for the rural utilities program described in
section 306E of such Act: Provided, That not to exceed
$10,000,000 of the amount appropriated under this heading
shall be for grants authorized by section 306A(i)(2) of the
Consolidated Farm and Rural Development Act in addition to
funding authorized by section 306A(i)(1) of such Act:
Provided further, That $30,000,000 of the amount appropriated
under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $37,500,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $800,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided
further, That not to exceed $21,817,000 of the amount
appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That not to exceed $4,000,000 of the
amounts made available under this heading shall be for solid
waste management grants.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as
authorized by sections 4, 305, 306, 313A, and 317 of the
Rural Electrification Act of 1936 (7 U.S.C. 904, 935, 936,
940c-1, and 940g) shall be made as follows: guaranteed rural
electric loans made pursuant to section 306 of that Act,
$2,167,000,000; cost of money direct loans made pursuant to
sections 4, notwithstanding the one-eighth of one percent in
4(c)(2), and 317, notwithstanding 317(c), of that Act,
$4,333,000,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $900,000,000; and for cost-of-money
rural telecommunications loans made
[[Page S4462]]
pursuant to section 305(d)(2) of that Act, $690,000,000:
Provided, That up to $2,000,000,000 shall be used for the
construction, acquisition, design, engineering or improvement
of fossil-fueled electric generating plants (whether new or
existing) that utilize carbon subsurface utilization and
storage systems.
For the cost of direct loans as authorized by section
305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
935(d)(2)), including the cost of modifying loans, as defined
in section 502 of the Congressional Budget Act of 1974, cost
of money rural telecommunications loans, $7,176,000.
In addition, $3,578,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the
energy efficiency measures supported by the funding in this
paragraph shall contribute in a demonstrable way to the
reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be paid to the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$56,973,000, to remain available until expended, of which up
to $6,972,570 shall be for the purposes, and in the amounts,
specified for this account in the table titled ``Community
Project Funding'' in the report accompanying this Act:
Provided, That $3,000,000 shall be made available for grants
authorized by section 379G of the Consolidated Farm and Rural
Development Act: Provided further, That funding provided
under this heading for grants under section 379G of the
Consolidated Farm and Rural Development Act may only be
provided to entities that meet all of the eligibility
criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by sections
601 and 602 of the Rural Electrification Act, $2,037,000, to
remain available until expended: Provided, That the cost of
direct loans shall be as defined in section 502 of the
Congressional Budget Act of 1974.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
under the Rural Electrification Act of 1936, as amended (7
U.S.C. 901 et seq.), $269,385,000, to remain available until
expended, of which up to $10,385,000 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Community Project Funding'' in the report
accompanying this Act: Provided, That the Secretary may
award grants described in section 601(a) of the Rural
Electrification Act of 1936, as amended (7 U.S.C. 950bb(a))
for the purposes of carrying out such pilot program:
Provided further, That the cost of direct loans shall be
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That at least 90 percent of the
households to be served by a project receiving a loan or
grant under the pilot program shall be in a rural area
without sufficient access to broadband: Provided further,
That for purposes of such pilot program, a rural area without
sufficient access to broadband shall be defined as twenty-
five megabits per second downstream and three megabits per
second upstream: Provided further, That to the extent
possible, projects receiving funds provided under the pilot
program must build out service to at least one hundred
megabits per second downstream, and twenty megabits per
second upstream: Provided further, That an entity to which a
loan or grant is made under the pilot program shall not use
the loan or grant to overbuild or duplicate broadband service
in a service area by any entity that has received a broadband
loan from the Rural Utilities Service unless such service is
not provided sufficient access to broadband at the minimum
service threshold: Provided further, That not more than four
percent of the funds made available in this paragraph can be
used for administrative costs to carry out the pilot program
and up to three percent of funds made available in this
paragraph may be available for technical assistance and pre-
development planning activities to support the most rural
communities: Provided further, That the Rural Utilities
Service is directed to expedite program delivery methods that
would implement this paragraph: Provided further, That for
purposes of this paragraph, the Secretary shall adhere to the
notice, reporting and service area assessment requirements
set forth in section 701 of the Rural Electrification Act (7
U.S.C. 950cc).
In addition, $30,000,000, to remain available until
expended, for the Community Connect Grant Program authorized
by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $31,996,363,000 to
remain available through September 30, 2025, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$18,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$21,005,000 shall be available to carry out studies and
evaluations and shall remain available until expended:
Provided further, That of the total amount available,
$3,000,000 shall remain available until expended to carry out
section 18(g) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(g)): Provided further, That
notwithstanding section 18(g)(3)(C) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)(3)(c)), the
total grant amount provided to a farm to school grant
recipient in fiscal year 2024 shall not exceed $500,000:
Provided further, That of the total amount available,
$20,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That section 26(d) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769g(d)) is
amended in the first sentence by striking ``2010 through
2024'' and inserting ``2010 through 2025'': Provided
further, That section 9(h)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
in the first sentence by striking ``For fiscal year 2023''
and inserting ``For fiscal year 2024'': Provided further,
That section 9(h)(4) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the
first sentence by striking ``For fiscal year 2023'' and
inserting ``For fiscal year 2024''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,000,000,000, to remain available through September 30,
2025: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), up
to $90,000,000 shall be used for breastfeeding peer
counselors and other related activities, and up to
$14,000,000 shall be used for infrastructure: Provided
further, That the Secretary shall use funds made available
under this heading to increase the amount of a cash-value
voucher to $11 for child participants, $13 for pregnant and
postpartum women, and $15 for fully and partially
breastfeeding women and adjusted for inflation beginning in
fiscal year 2025: Provided further, That none of the funds
provided in this account shall be available for the purchase
of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $121,996,757,000, of
which $3,000,000,000, to remain available through September
30, 2026, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That of the funds made available under this heading,
$3,000,000, to remain available until September 30, 2025,
shall be used to carry out section 4003(b) of Public Law 115-
334 relating to demonstration projects for tribal
organizations: Provided further, That of the funds made
available under this heading, $2,000,000 shall be used to
carry out section 4208 of Public law 115-334; Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2025: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2025:
Provided further,
[[Page S4463]]
That none of the funds made available under this heading may
be obligated or expended in contravention of section 213A of
the Immigration and Nationality Act (8 U.S.C. 1183A):
Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff
to conduct studies, evaluations, or to conduct activities
related to program integrity provided that such activities
are authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$472,563,000, to remain available through September 30, 2025:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2024 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2025: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $136,861,000: Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $237,330,000, of
which no more than 6 percent shall remain available until
September 30, 2025, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,740,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $240,000,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, not more than 10 percent, but not less
than $24,000,000, shall remain available until expended to
purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $6,063,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, which shall be paid to the appropriation for
``Foreign Agricultural Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $6,579,030,000: Provided,
That of the amount provided under this heading,
$1,336,525,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to
this account and remain available until expended;
$331,273,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $594,150,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $42,432,000 shall be
derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to
this account and remain available until expended; $33,500,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j-12, and shall be credited to this account and
remain available until expended; $25,000,000 shall be derived
from generic new animal drug user fees authorized by 21
U.S.C. 379j-21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be
derived from tobacco product user fees authorized by 21
U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition
to and notwithstanding any other provision under this
heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user
fees, and generic new animal drug user fees that exceed the
respective fiscal year 2024 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and generic new
animal drug assessments for fiscal year 2024, including any
such fees collected prior to fiscal year 2024 but credited
for fiscal year 2024, shall be subject to the fiscal year
2024 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2024 of user fees specified
under this heading and authorized for fiscal year 2025, prior
to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2025 for which the Secretary accepts
payment in fiscal year 2024 shall not be included in amounts
under this heading: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$1,190,536,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office
of Regulatory Affairs, of which no less than $15,000,000
shall be used for inspections of foreign seafood
manufacturers and field examinations of imported seafood; (2)
$2,316,063,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs, of which no less than $10,000,000 shall
be for pilots to increase unannounced foreign inspections and
shall remain available until expended; (3) $492,314,000 shall
be for the Center for Biologics Evaluation and Research and
for related field activities in the Office of Regulatory
Affairs; (4) $283,678,000 shall be for the Center for
Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $739,854,000 shall be for
the Center for Devices and Radiological Health and for
related field activities in the Office of Regulatory Affairs;
(6) $76,534,000 shall be for the National Center for
Toxicological Research; (7) $677,165,000 shall be for the
Center for Tobacco Products and for related field activities
in the Office of Regulatory Affairs; (8) $214,304,000 shall
be for Rent and Related activities, of which $55,729,000 is
for White Oak Consolidation, other than the amounts paid to
the General Services Administration for rent; (9)
$227,708,000 shall be for payments
[[Page S4464]]
to the General Services Administration for rent; and (10)
$360,874,000 shall be for other activities, including the
Office of the Commissioner of Food and Drugs, the Office of
Food Policy and Response, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That any
transfer of funds pursuant to, and for the administration of,
section 770(n) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities and shall
not exceed $2,000,000: Provided further, That of the amounts
that are made available under this heading for ``other
activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for
oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-
the-counter monograph drugs authorized by 21 U.S.C. 379j-72
shall be credited to this account, to remain available until
expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $50,000,000, to remain
available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to
section 1002(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1002(b)(2)(A)
of such Act, and may be transferred by the Commissioner of
Food and Drugs to the appropriation for ``Department of
Health and Human Services Food and Drug Administration
Salaries and Expenses'' solely for the purposes provided in
such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $345,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $20,000,000 shall remain available until
September 30, 2025, and of which not less than $4,218,000
shall be for expenses of the Office of the Inspector General:
Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for
the liquidation of obligations equal to current year payments
on leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $94,300,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm
Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm
Credit Administration may exempt, an amount in its sole
discretion, from the application of the limitation provided
in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in
subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new passenger motor vehicles, in addition to
specific appropriations for this purpose, so long as the
total number of vehicles purchased in fiscal year 2024 does
not exceed the number of vehicles owned or leased in fiscal
year 2018: Provided, That, prior to purchasing additional
motor vehicles, the Secretary must determine that such
vehicles are necessary for transportation safety, to reduce
operational costs, and for the protection of life, property,
and public safety: Provided further, That the Secretary may
not increase the Department of Agriculture's fleet above the
2018 level unless the Secretary notifies in writing, and
receives approval from, the Committees on Appropriations of
both Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of property,
plant and equipment and for the improvement, delivery, and
implementation of Department financial, and administrative
information technology services, and other support systems
necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the
Department of Agriculture, such transferred funds to remain
available until expended: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital
Fund shall be available for obligation or expenditure to make
any changes to the Department's National Finance Center
without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as
required by section 716 of this Act: Provided further, That
none of the funds appropriated by this Act or made available
to the Department's Working Capital Fund shall be available
for obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, personnel, or functions of the offices of
the Chief Financial Officer and the Chief Information
Officer, co-located with or from the National Finance Center
prior to written notification to and prior approval of the
Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 716 of this Act:
Provided further, That the National Finance Center
Information Technology Services Division personnel and data
center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll
systems (PPS) and functions provided by the Chief Financial
Officer and the Chief Information Officer shall remain in the
National Finance Center and under the management
responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to
[[Page S4465]]
any obligation that, as determined by the Secretary, is
necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance
Center; or to evacuate employees of the National Finance
Center to a safe haven to continue operations of the National
Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That notwithstanding section 11319 of title 40, United States
Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility
that is eligible to receive an insured or direct loan under
such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under
such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2025, for information technology
expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,573,666,000, as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000; Administration of section
32 Commodity Purchases--$37,178,000: Provided, That none of
the funds made available in this Act or any other Act shall
be used for salaries and expenses to carry out in this fiscal
year section 19(i)(1)(E) of the Richard B. Russell National
School Lunch Act, as amended, except in an amount that
excludes the transfer of $195,000,000 of the funds to be
transferred under subsection (c) of section 14222 of Public
Law 110-246, until October 1, 2024: Provided further, That
$195,000,000 made available on October 1, 2024, to carry out
section 19(i)(1)(E) of the Richard B. Russell National School
Lunch Act, as amended, shall be excluded from the limitation
described in subsection (b)(2)(A)(x) of section 14222 of
Public Law 110-246 for fiscal year 2025: Provided further,
That, none of the funds appropriated or otherwise made
available by this or any other Act shall be used during
fiscal year 2024 to pay the salaries or expenses of any
employee of the Department of Agriculture to carry out clause
(3) of section 32 of the Agricultural Adjustment Act of 1935
(Public Law 74-320, 7 U.S.C. 612c, as amended), or
subsections (a) through (g) of section 5 of the Commodity
Credit Corporation Charter Act: Provided further, That of the
available unobligated balances under (b)(2)(A)(x) for fiscal
year 2024 of section 14222 of Public Law 110-246,
$505,000,000 are rescinded.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing
and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
[[Page S4466]]
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission (as the case may be) notifies in writing
and receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of the
reprogramming or transfer of such funds or the use of such
authority.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with three or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture, the
Secretary of Health and Human Services, or the Chairman of
the Commodity Futures Trading Commission receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or
the Farm Credit Administration shall be used to transmit or
otherwise make available reports, questions, or responses to
questions that are a result of information requested for the
appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services,
non-Commodity Futures Trading Commission, or non-Farm Credit
Administration employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, the
Chairman of the Commodity Futures Trading Commission, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
this Act.
Sec. 722. Of the unobligated balances from amounts made
available to the Secretary of Agriculture in section
22002(a)(1) of Public Law 117-169, $500,000,000 are hereby
rescinded.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 724. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation
of Departmental financial management, information technology,
and other support systems necessary for the delivery of
financial, administrative, and information technology
services, including cloud adoption and migration, of primary
benefit to the agencies of the Department of Agriculture.
Sec. 726. For fiscal year 2024, the Secretary shall
establish a process under which an establishment that is
subject to examination and inspection under section 6 of the
Federal Meat Inspection Act solely due to the establishment's
processing of domestic, wild caught, invasive blue catfish
(Ictalurus furcatus) solely for domestic consumption or use,
may apply for a waiver of such examination and inspection
requirements if the establishment is subject to inspection
under the Seafood Hazard Analysis Critical Control Points
Program of the Food and Drug Administration and the
establishment attests that it applies existing Seafood Hazard
Critical Control Points Program for all species processed at
the establishment.
Sec. 727. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category
exceeds the number of such items in each staple food category
included in the final rule as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 728. Section 756 of division N of the Consolidated
Appropriations Act, 2021 (7 U.S.C. 2254c), is amended by
striking ``each of fiscal years 2021 and 2022'' and inserting
``fiscal year 2021 and each fiscal year thereafter''.
Sec. 729. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 730. None of the funds appropriated or otherwise made
available by this Act shall be available for the United
States Department of Agriculture to propose, finalize or
implement any regulation that would promulgate new user fees
pursuant to 31 U.S.C. 9701 after the date of the enactment of
this Act.
Sec. 731. Of the unobligated balances from amounts made
available for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $500,000,000 are hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 732. Notwithstanding any provision of law that
regulates the calculation and payment of overtime and holiday
pay for FSIS inspectors, the Secretary may charge
establishments subject to the inspection requirements of the
Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the
Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the
Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for the
cost of inspection services provided outside of an
establishment's approved inspection shifts, and for
inspection services provided on Federal holidays: Provided,
That any sums charged pursuant to this paragraph shall be
deemed as overtime pay or holiday pay under section 1001(d)
of the American Rescue Plan Act of 2021 (Public Law 117-2,
135 Stat. 242): Provided further, That sums received by the
Secretary under this paragraph shall, in addition to other
available funds, remain available until expended to the
Secretary without further appropriation for the purpose of
funding all costs associated with FSIS inspections.
[[Page S4467]]
Sec. 733. Of the unobligated balances from amounts made
available to the Secretary of Agriculture in section
9003(j)(1) of the Farm Security and Rural Investment Act of
2002, $1,000,000,000 are hereby rescinded.
Sec. 734. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 735. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each Federally
recognized Indian Tribe.
Sec. 736. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 737. None of the funds made available by this or any
other Act thereafter may be used to write, prepare, or
publish a proposed rule, final rule, or an interim final rule
in furtherance of, or otherwise to implement or enforce the
proposed rule entitled ``Transparency in Poultry Grower
Contracting and Tournaments,'' published by the Department of
Agriculture in the Federal Register on June 8, 2022 (87 Fed.
Reg. 34980 et seq.), the advance notice of proposed
rulemaking entitled ``Poultry Growing Tournament Systems:
Fairness and Related Concerns,'' published by the Department
of Agriculture in the Federal Register on June 8, 2022 (87
Fed. Reg. 34814) (also identified in the White House Office
of Management and Budget's Fall 2022 Unified Agenda of
Regulatory and Deregulatory Actions as ``Poultry Growing
Tournament Systems: Fairness and Related Concerns--Harm to
Competition (AMS-FTPP-22-0046),'' RIN 0581-AE18), the
proposed rule entitled ``Inclusive Competition and Market
Integrity Under the Packers and Stockyards Act,'' published
by the Department of Agriculture in the Federal Register on
October 3, 2022 (87 Fed. Reg. 60010 et seq.), the rulemaking
identified in the White House Office of Management and
Budget's Fall 2022 Unified Agenda of Regulatory and
Deregulatory Actions as ``Unfair Practices, Undue
Preferences, and Harm to Competition Under the Packers and
Stockyards Act (AMS-FTPP-21-0046),'' RIN 0581-AE04, or any
subsequent substantially similar rulemaking effort, except
that funds may be used to, and the Secretary of Agriculture
shall, withdraw or rescind any such proposed rules, advance
notices of proposed rulemaking, and any such rules that may
have been finalized.
Sec. 738. None of the funds appropriated or otherwise made
available to the U.S. Department of Agriculture may be used
to increase the number of positions in the Department
(measured on a full-time equivalent basis) for which the
primary duty station is located in the National Capital
Region unless otherwise specified in the report accompanying
this Act.
(1) The term ``National Capital Region'' means the District
of Columbia; Montgomery and Prince George's Counties of
Maryland; and Arlington, Fairfax, Loudoun, and Prince William
Counties of Virginia.
Sec. 739. (a) There is hereby appropriated $2,000,000, to
remain available until expended, for the Secretary of
Agriculture to carry out no more than 5 pilot projects, under
the terms and conditions determined by the Secretary for a
period not to exceed 3 years and without increasing household
benefit allotments as authorized by section 8 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2017), that allow the use of
supplemental nutrition assistance program benefits to
purchase only nutrient-dense foods and beverages (as defined
in the 2020-2025 Dietary Guidelines for Americans), of which
1 or more of such projects shall be carried out before
December 21, 2024.
(b) Not later than 6 months after the first pilot project
under subsection (a) begins, the Secretary shall enter into a
contract with the National Academies of Sciences,
Engineering, and Medicine to--
(1) evaluate the pilot project or projects carried out
under subsection (a); and
(2) provide the results of such evaluation not later than
18 months after the date of such contract.
Sec. 740. Of the total amounts made available by this Act
for direct loans and grants under the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Business-
Cooperative Service--Rural Microentrepreneur Assistance
Program''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the
United States: Provided further, That with respect to
specific activities for which program levels have been made
available by this Act that are not supported by budget
authority, the requirements of this section shall be applied
to such program level.
Sec. 741. There is rescinded the unobligated balances of
amounts made available under section 1006 of the American
Rescue Plan Act of 2021 (7 U.S.C. 2279 note).
Sec. 742. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 743. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest,
pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 744. For school years 2023-2024 and 2024-2025, none
of the funds made available
[[Page S4468]]
by this Act may be used to implement or enforce the matter
following the first comma in the second sentence of footnote
(c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables
for fruits under the school breakfast program established
under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773).
Sec. 745. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the
Agricultural Act of 2014 or subtitle G of the Agricultural
Marketing Act of 1946, within or outside the State in which
the hemp is grown or cultivated.
Sec. 746. The Secretary of Agriculture may waive the
matching funds requirement under section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 747. The Secretary, as part of the report on foreign
landholding required under the Agricultural Foreign
Investment Disclosure Act (Public Law 95-460), shall report
to Congress on foreign investments in agricultural land in
the United States, including the impact foreign ownership has
on family farms, rural communities, and the domestic food
supply: Provided, That within 2 years after the enactment of
this Act, the Secretary shall establish a streamlined process
for electronic submission and retention of disclosures made
under the Agricultural Foreign Investment Disclosure Act,
including an internet database that contains disaggregated
data from each disclosure submitted: Provided further,That
all prior year disclosures of foreign investments in
agricultural land in the United States are published in the
database: Provided further, That the plan includes a process
to ensure the protection of personally identifiable
information and that all disclosures of foreign investments
in agricultural land on the USDA website be disaggregated by:
(1) in any case in which such foreign person is an
individual, the citizenship of such foreign person; and (2)
in any case in which such foreign person is not an individual
or a government, the nature of the legal entity holding the
interest, the country in which such foreign person is created
or organized, and the principal place of business of such
foreign person.
Sec. 748. There is rescinded the unobligated balances of
amounts made available under section 22006 of Public Law 117-
169 (136 Stat. 2021).
Sec. 749. (a) After the effective date of any final rule
FDA publishes in connection with its proposed rule to update
these requirements (87 Federal Register 59168, issued on
September 29, 2022), manufacturers may also continue to
comply with the previous requirements promulgated by the FDA
for the implied nutrient content claim ``healthy'' through
the ``compliance date'' FDA provides in the final rule.
(b) Any food product manufactured and labeled as
``healthy'' during the compliance period FDA provides in that
final rule shall not be directly or indirectly subject to any
state-law requirements that are not identical to either (i)
the federal requirements for the implied nutrition content
claim ``healthy'' that were in effect as of the date FDA
issues the final rule, or (ii) the updated federal
requirements that FDA promulgates in the final rule, assuming
the updated requirements go into effect during the regulatory
compliance period.
Sec. 750. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 751. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 752. (a) Subject to subsection (c), none of the funds
made available by this Act may be used to finalize, issue,
implement, administer, or enforce any rule, regulation, or
order that, pursuant to any revisions to the whole grain
requirements under section 246.10 of title 7, Code of Federal
Regulations, required by such rule, regulation, or order,
would reduce the availability of WIC-eligible breakfast
cereals, including the rule entitled ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC):
Revisions to the WIC Food Packages'' published by the
Department of Agriculture in the Federal Register on November
21, 2022 (87 Fed. Reg. 71090).
(b) The Secretary of Agriculture shall carry out a study--
(1) on the revisions of such whole grain requriements
pursuant to such rule; and
(2) that is representative of all States.
(c) If the study required under subsection (b) demonstrates
that such revisions will not limit consumption due to
marketplace availability or reduce the redemption of WIC-
authorized breakfast cereal, beginning on the date on which
the Secretary publishes the results of such study, the
limitation under subsection (a) shall not apply.
Sec. 753. For school year 2024-2025, only a school food
authority that had a negative balance in the nonprofit school
food service account as of June 30, 2023, shall be required
to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(p)).
Sec. 754. None of the funds made available by this Act may
be made available to support, directly or indirectly, the
Wuhan Institute of Virology, or any laboratory owned or
controlled by the governments of the People's Republic of
China, the Republic of Cuba, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, the Russian
Federation, the Bolivarian Republic of Venezuela under the
regime of Nicolas Maduro Moros, or any other country
determined by the Secretary of State to be a foreign
adversary.
Sec. 755. Any funds made available by this or any other
Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment
research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture
for purposes of making such grants.
Sec. 756. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used
to move any staff office or any agency from the mission area
in which it was located on August 1, 2018, to any other
mission area or office within the Department in the absence
of the enactment of specific legislation affirming such move.
Sec. 757. None of the funds made available by this Act may
be used to carry out any program, project, or activity that
promotes or advances Critical Race Theory or any concept
associated with Critical Race Theory.
Sec. 758. The Secretary, acting through the Chief of the
Natural Resources Conservation Service, may use funds
appropriated under this Act or any other Act for the
Watershed and Flood Prevention Operations Program and the
Watershed Rehabilitation Program carried out pursuant to the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.), and for the Emergency Watershed Protection Program
carried out pursuant to section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to provide technical
services for such programs pursuant to section 1252(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
Sec. 759. In administering the pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary
of Agriculture may, for purposes of determining entities
eligible to receive assistance, consider those communities
which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the
heading ``Distance Learning, Telemedicine, and Broadband
Program'' for the purposes of the pilot program established
by section 779 of Public Law 115-141 may be used for this
purpose.
Sec. 760. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 761. (a) The modifications made by the Food and Drug
Administration on January 3, 2023 to the risk evaluation and
mitigation strategy under section 505-1 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1) for mifepristone are
hereby nullified.
(b) None of the funds made available by this Act may be
used to establish, implement, or enforce--
(1) any provision of a risk evaluation and mitigation
strategy under section 505-1 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1) for mifepristone that is
substantially similar to any of the modifications nullified
by subsection (a); or
(2) any non-enforcement or enforcement discretion policy
for any provision of a risk evaluation and mitigation
strategy under such section for mifepristone.
Sec. 762. None of the funds appropriated or otherwise made
available by this Act may be used by FDA to develop, issue,
promote, or advance any new guidelines or regulations
applicable to food manufacturers for population-wide sodium
reduction actions until the issuance of the 2025-2026
National Health and Nutrition Examination Survey (NHANES)
survey that will show consumer sodium consumption after the
completion of the short-term sodium reduction targets.
Sec. 763. Within 60 days of enactment of this Act the
Secretary shall provide to the Committees a plan for
expenditure that accelerates the continued implementation and
expansion of the Farmers.gov application
[[Page S4469]]
and the Enterprise Data Analytics Platform and Toolset
(EDAPT) to enable USDA users to: (1) view their information,
complete transactions, quickly review the status, and update
tabular customer information; (2) submit applications for
Farm Production and Conservation programs and receive program
payments for all USDA farm programs; (3) to complete their
own applications, including electronic signatures and
submission, for all farm programs that require direct
application; (4) enable electronic income reporting between
USDA and IRS; and (5) transition acreage reporting, farm
records mapping, and farm records information to Farmers.gov:
Provided, That the Farm Production and Conservation Business
Center shall provide a roadmap for systems to be
decommissioned and consolidated with Farmers.gov and EDAPT
including, but not limited to, the Agriculture Risk Coverage
(ARC) and Price Loss Coverage (PLC) programs, the Dairy
Margin Coverage program, and the Farm Service Agency
Emergency Relief Program.
Sec. 764. None of the funds appropriated or otherwise made
available by this or any other Act may be used to implement,
administer, apply, enforce, or carry out Executive Order
13985 of January 20, 2021 (86 Fed. Reg. 7009, relating to
advancing racial equity and support for underserved
communities through the Federal Government), or the U.S.
Department of Agriculture's Equity Action Plan in Support of
Executive Order 13985, or any Equity Action Plan created by
the Food and Drug Administration, the Commodity Futures
Trading Commission, or the Farm Credit Administration, or
Executive Order 14035 of June 25, 2021 (86 Fed. Reg. 34593,
relating to diversity, equity, inclusion, and accessibility
in the Federal workforce), or Executive Order 14091 of
February 16, 2023 (88 Fed. Reg. 10825, relating to further
advancing racial equity and support for underserved
communities through the Federal Government), or to create or
establish an Office of the Chief Diversity and Inclusion
Officer.
Sec. 765. The Secretary of Agriculture shall take such
actions as may be necessary to prohibit the purchase of
agricultural land located in the United States by non-
resident aliens, foreign businesses, of any agent, trustee,
or fiduciary associated with Russia, North Korea, Iran, or
the Communist Party of China.
Sec. 766. Notwithstanding any other provision of law,
during the period beginning on the date of enactment of this
Act and ending on the last day of school year 2024-2025, the
Secretary of Agriculture shall --
(1) allow flavored, low-fat fluid milk to be served --
(A) under the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.);
(B) under the school breakfast program established under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
(C) as a competitive food available on campus during the
school day; and
(D) to children ages 5 years and older under the child and
adult care food program established under section 17 of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766); and
(2) with respect to weekly sodium limitations to meals and
supplements served during such period under the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) --
(A) exclude sodium used for food safety and functional
purposes in cheese-making, as determined by the Secretary in
consultation with the Commissioner of the Food and Drug
Administration; and
(B) if a determination has not been made under subparagraph
(A), apply the Target 1 sodium levels included in the final
rule entitled ``Nutrition Standards in the National School
Lunch and School Breakfast Programs'' published by the
Department of Agriculture in the Federal Register on January
26, 2012 (77 Fed. Reg. 4087).
Sec. 767. None of the funds made available by this Act may
be used to finalize, implement, administer, or enforce any
rule that would reduce the maximum monthly allowance with
respect to milk under section 246.10 of title 7, Code of
Federal Regulations (as in effect on April 1, 2023),
including the rule entitled ``Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC): Revisions to
the WIC Food Packages'' published by the Department of
Agriculture in the Federal Register on November 21, 2022 (87
Fed. Reg. 71090).
Sec. 768. None of the funds provided by this Act 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, may be used by the Secretary of
Health and Human Services to finalize, issue, implement,
administer, or enforce any rule, regulation, or order setting
a tobacco product standard that mandates a maximum nicotine
level for cigarettes.
Sec. 769. None of the funds provided by this Act, 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, may be used by the Secretary of
Health and Human Services to finalize, issue, or implement
any rule, regulation, notice of proposed rulemaking, or order
setting any tobacco product standard that would prohibit
menthol as a characterizing flavor in cigarettes or prohibit
characterizing flavors in all cigars and their components and
parts.
Sec. 770. In this fiscal year and each fiscal year
thereafter, and notwithstanding any other provision of law,
none of the funds made available by this or any other Act may
be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the
Consolidated Farm and Rural Development Act.
Sec. 771. (a) For an additional amount for the Office of
the Secretary, $2,000,000, to remain available until
expended, for the Secretary of Agriculture to carry out no
more than 10 pilot projects, under the terms and conditions
determined by the Secretary for a period not to exceed 2
years, that award grants to an Indian tribe; a tribal
organization approved by an Indian tribe; a tribal
educational agency; a consortium of Indian tribes; or a
partnership between an Indian tribe and either a State
educational agency, a local educational agency, a tribal
educational agency, or the Bureau of Indian Education to
operate and implement the school lunch program as authorized
by the Richard B. Russell National School Lunch Act (42
U.S.C. 1769), the summer food service program as established
under section 13 of the Richard B. Russell National School
Lunch Act, the child and adult care food program as
established by section 17 of the Richard B. Russell National
School Lunch Act, or the school breakfast program established
by the Child Nutrition Act of 1966 (42 U.S.C. 1773) in either
a Bureau-funded school (as defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)); a school (as
defined in section 12(d) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1760 (d)) on or near an Indian
reservation; or an early child care and education facility:
Provided, That to carry out this pilot program each grant
awarded shall be no less than $10,000 and no more than
$100,000 for each school year and shall not increase state
administrative costs or the amount of benefits provided in
any program: Provided further, That the term ``Indian tribe''
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(b) Notwithstanding any other provision of law, a pilot
project grant recipient shall be reimbursed for meals served
under the school lunch program, the summer food service
program, and the child and adult care food program as if the
recipient were a State under the Richard B. Russell National
School Lunch Act; and under the school breakfast program as
if the recipient were a State educational agency.
(c) Not later than 1 year after the conclusion of the pilot
program, the Secretary shall submit to Congress a report on
the outcomes of the pilot program.
Sec. 772. None of the funds made available by this Act may
be used by the Secretary of Agriculture, the Commissioner of
Food and Drugs, the Chairman of the Commodity Futures Trading
Commission, or the Chairman of the Farm Credit Administration
to fly or display a flag over a facility of the Department of
Agriculture, the Food and Drug Administration, the Commodity
Futures Trading Commission, or the Farm Credit Administration
other than the flag of the United States; the flag of a
State, territory, or the District of Columbia; the flag of an
Indian Tribal Government; the official flag of a U.S.
Department or agency; or the POW/MIA flag.
Sec. 773. (a) In general.--Notwithstanding section 7 of
title 1, United States Code, section 1738C of title 28,
United States Code, or any other provision of law, none of
the funds provided by this Act, or previous appropriations
Acts, shall be used in whole or in part to take any
discriminatory action against a person, wholly or partially,
on the basis that such person speaks, or acts, in accordance
with a sincerely held religious belief, or moral conviction,
that marriage is, or should be recognized as, a union of one
man and one woman.
(b) Discriminatory action defined.--As used in subsection
(a), a discriminatory action means any action taken by the
Federal Government to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement,
guarantee, loan, scholarship, license, certification,
accreditation, employment, or other similar position or
status from or to such person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a
Federal benefit program, including admission to, equal
treatment in, or eligibility for a degree from an educational
program, from or to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified
for
[[Page S4470]]
purposes of Federal law any person that would be accredited,
licensed, or certified, respectively, for such purposes but
for a determination against such person wholly or partially
on the basis that the person speaks, or acts, in accordance
with a sincerely held religious belief or moral conviction
described in subsection (a).
Sec. 774. None of the funds made available by this Act may
be used by the Food and Drug Administration to issue,
promote, or advance any new guideline or regulation
applicable to food manufacturers for Listeria monocytogenes
(Lm) until the Food and Drug Administration, based on the
available new science, incorporates into the Compliance
Policy Guide (CPG), Guidance for FDA Staff, Sec. 555.320, a
tolerance for Listeria monocytogenes in low-risk foods,
meaning foods that do not support the growth of Listeria
monocytogenes.
Sec. 775. The Secretary of Agriculture may not use
unobligated balances available under section 22002(a)(1) of
Public Law 117-169, after the application of the rescission
under section 722 of this Act, to award grants under section
9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107).
spending reduction account
Sec. 776. $0.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2024''.
DIVISION C
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$176,859,000 to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $3,569,000 shall be available for the immediate Office
of the Secretary;
(2) $1,277,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $28,089,000 shall be available for the Office of the
General Counsel;
(4) $22,769,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$7,300,000 is for the Office for Multimodal Freight
Infrastructure and Policy;
(5) $21,026,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $41,399,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $2,093,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the
Executive Secretariat;
(10) $15,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $33,195,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,629,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation
(referred to in this title as the ``Secretary'') is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That notice
of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $10,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $41,713,000,
of which $30,259,000 shall remain available until expended:
Provided, That there may be credited to this appropriation,
to be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training: Provided
further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $10,550,000, to remain available until
expended: Provided, That the Secretary may collect and spend
fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to other
amounts made available for such purposes and are not subject
to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United
States Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 2025.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to network and information
technology infrastructure, improvement of identity management
and authentication capabilities, securing and protecting
data, implementation of Federal cyber security initiatives,
and implementation of enhanced security controls on agency
computers and mobile devices, $49,000,000, to remain
available until September 30, 2025.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$14,800,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $25,017,000, to remain
available until expended: Provided, That of such amount,
$8,517,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department in accordance with the preceding
proviso.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$522,165,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the limitation in the preceding
proviso on operating expenses shall not apply to entities
external to the Department of Transportation or for funds
provided in Public Law 117-58: Provided further, That no
funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund
without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,000,000, to remain
available until September 30, 2025: Provided, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related
to any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$348,554,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the
relative subsidy requirements of the carriers: Provided
further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United
States
[[Page S4471]]
Code: Provided further, That amounts authorized to be
distributed for the essential air service program under
section 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code: Provided
further, That, notwithstanding section 41733 of title 49,
United States Code, for fiscal year 2024, the requirements
established under subparagraphs (B) and (C) of section
41731(a)(1) of title 49, United States Code, and the subsidy
cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000,
shall not apply to maintain eligibility under section 41731
of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescission of funds)
(including transfer of funds)
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-
LU (5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees:
Provided further, That such reserve shall not exceed 1 month
of benefits payable and may be used only for the purpose of
providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully
reimbursed by each customer agency from available funds for
the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49,
United States Code, for unused transit and van pool benefits,
in an amount not to exceed 10 percent of fiscal year 2024
collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual
services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2024 of such collections
shall not exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for
Administration.
Sec. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and
collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the
House and Senate Committees on Appropriations; the Committee
on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 108. Of the unobligated balances from amounts made
available for ``Railroad Rehabilitation and Improvement
Financing Program'' in title I of division L of the
Consolidated Appropriations Act, 2022 (Public Law 117-103),
$8,948,237.30 is hereby permanently rescinded.
Sec. 109. With respect to amounts provided under the
heading ``National Infrastructure Investments'' in title VIII
of division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58) for fiscal year 2024 to carry out section
6702 of title 49, United States Code, the set aside for
historically disadvantaged communities or areas of persistent
poverty under subsection (f)(2) of such section shall be
treated as not less than 5 percent for fiscal year 2024.
Sec. 109A. The Secretary of Transportation may transfer
amounts awarded to a Federally recognized Tribe under a
funding agreement entered into under part 29 of title 49,
Code of Federal Regulations, from the Department of
Transportation's Operating Administrations to the Office of
Tribal Government Affairs: Provided, That any amounts
retroceded or reassumed under such part may be transferred
back to the appropriate Operating Administration.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, $12,729,627,000, to
remain available until September 30, 2025, of which
$8,740,627,000 to be derived from the Airport and Airway
Trust Fund: Provided, That of the amounts made available
under this heading--
(1) not less than $1,745,532,000 shall be available for
aviation safety activities;
(2) $9,439,068,000 shall be available for air traffic
organization activities;
(3) $47,018,000 shall be available for commercial space
transportation activities;
(4) $949,376,000 shall be available for finance and
management activities;
(5) $70,097,000 shall be available for NextGen and
operations planning activities;
(6) $163,951,000 shall be available for security and
hazardous materials safety activities; and
(7) $314,585,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than
60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of the
Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for
each day after 60 days after the submission of the budget
request that such report has not been transmitted to
Congress: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator
shall transmit to Congress a companion report that describes
a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format
similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring
goals by fiscal year: Provided further, That the amounts
made available under this heading shall be reduced by
$100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to Congress: Provided further, That funds may
be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of
aviation safety standards: Provided further, That none of
the funds made available by this Act shall be available for
new applicants for the second career training program:
Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the amounts
made available under this heading, not less than $194,000,000
shall be used to fund direct operations of the current air
traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital
Fund: Provided further, That none of the funds appropriated
or otherwise made available by this Act or any other Act
[[Page S4472]]
may be used to eliminate the Contract Weather Observers
program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport
and Airway Trust Fund, $2,972,949,000, of which $617,020,000
is for personnel and related expenses and shall remain
available until September 30, 2025; $2,330,929,000 shall
remain available until September 30, 2026; and $25,000,000
shall remain available until expended: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities,
and private sources, for expenses incurred in the
establishment, improvement, and modernization of national
airspace systems: Provided further, That not later than 60
days after submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2025
through 2029, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget: Provided further, That section 405 of this Act shall
apply to amounts made available under this heading in title
VIII of the Infrastructure Investment and Jobs Act (division
J of Public Law 117-58).
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$196,050,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2026:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That amounts made available under this heading shall be used
in accordance with the Report accompanying this Act:
Provided further, That not to exceed 10 percent of any
funding level specified under this heading in the Report
accompanying this Act may be transferred to any other funding
level specified under this heading in the Report accompanying
this Act: Provided further, That no transfer may increase or
decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be
treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That any activity carried out
using funds made available under this heading for counter-
unmanned aerial systems research, testing, and evaluation may
be carried out notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, or 1367 and
chapters 119 and 206 of title 18 of such code.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the amounts made available under this heading
shall be available for the planning or execution of programs
the obligations for which are in excess of $3,350,000,000, in
fiscal year 2024, notwithstanding section 47117(g) of title
49, United States Code: Provided further, That none of the
amounts made available under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding
section 47109(a) of title 49, United States Code, the
Government's share of allowable project costs under paragraph
(2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a
multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding
any other provision of law, of amounts limited under this
heading, not less than $157,475,000 shall be available for
administration, $15,000,000 shall be available for the
Airport Cooperative Research Program, $41,801,000 shall be
available for Airport Technology Research, and $10,000,000,
to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service
Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United
States Code, such program may include the participation of an
airport that serves a community or consortium that is not
larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the
Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $303,921,257 to remain available through
September 30, 2026: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471 of title 49, United States
Code: Provided further, That the sums appropriated under
this heading shall be made available for the purposes, and in
amounts, specified for Community Project Funding in the table
entitled ``Community Project Funding'' included in the Report
accompanying this Act.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 2024.
Sec. 111. None of the funds made available by this Act
shall be used to pursue or adopt guidelines or regulations
requiring airport sponsors to provide to the Federal Aviation
Administration without cost building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided,
That the prohibition on the use of funds in this section does
not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy section 41742(a)(1) of title 49, United States Code,
from fees credited under section 45303 of title 49, United
States Code, and any amount remaining in such account at the
close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the
subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes as such
appropriation.
Sec. 114. None of the funds made available by this Act
shall be available for paying premium pay under section
5546(a) of title 5, United States Code, to any Federal
Aviation Administration employee unless such employee
actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number, Mode S transponder code, flight identification, call
sign, or similar identifying information from any ground
based display to the public that would allow the real-time or
near real-time flight tracking of that aircraft's movements,
except data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act
shall be available for salaries and
[[Page S4473]]
expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants so long as the Federal Aviation Administration
has received an application from the airport, and so long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or
the technical center unless the Administrator submits a
request for the reprogramming of funds under section 405 of
this Act.
Sec. 119D. The Federal Aviation Administration
Administrative Services Franchise Fund may be reimbursed
after performance or paid in advance from funds available to
the Federal Aviation Administration and other Federal
agencies for which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise
made available to the FAA may be used to carry out the FAA's
obligations under section 44502(e) of title 49, United States
Code, unless the eligible air traffic system or equipment to
be transferred to the FAA under section 44502(e) of title 49,
United States Code, was purchased by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
Sec. 119F. Of the funds provided under the heading
``Grants-in-aid for Airports'', up to $3,500,000 shall be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services, or other aviation tenants,
located at those airports closed during a temporary flight
restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States
Secret Service, and for direct and incremental financial
losses incurred while such airports are closed solely due to
the actions of the Federal Government: Provided, That no
funds shall be obligated or distributed to airport sponsors
that do not provide gateway operations and providers of
general aviation ground support services until an independent
audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or
negligence, of such operators and service providers or of
third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and
expenditure of funds are conditional upon full release of the
United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $483,551,671 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration: Provided, That in addition, $3,248,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
authorized Federal-aid highway and highway safety
construction programs shall not exceed total obligations of
$60,095,782,888 for fiscal year 2024: Provided, That the
limitation on obligations under this heading shall only apply
to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise
specified in law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
authorized Federal-aid highway and highway safety
construction programs, $60,834,782,888 shall be derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary
$1,361,627,349: Provided, That the funds made available
under this heading shall be derived from the general fund,
shall be in addition to any funds provided for fiscal year
2024 in this or any other Act for: (1) ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code;
or (2) activities eligible under the Tribal Transportation
Program under section 202 of such title, and shall not affect
the distribution or amount of funds provided in any other
Act: Provided further, That section 11101(e) of Public Law
117-58 shall apply to funds made available under this
heading: Provided further, That amounts made available under
this heading shall be available until September 30, 2027, and
shall not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs
set forth in any Act making annual appropriations: Provided
further, That of the sums made available under this heading--
(1) $1,211,627,349 shall be for the purposes, and in the
amounts, specified for Community Project Funding in the table
entitled ``Community Project Funding'' included in the Report
accompanying this Act: Provided, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further,
That funds made available under this paragraph that are used
for Tribal projects shall be administered as if allocated
under chapter 2 of title 23, United States Code, except that
the set-asides described in subparagraph (C) of section
202(b)(3) of title 23, United States Code, and subsections
(a)(6), (c), and (e) of section 202 of such title, and
section 1123(h)(1) of MAP-21 (as amended by Public Law 117-
58), shall not apply to such funds; and
(2) $150,000,000 shall be available for activities eligible
under the Tribal Transportation Program, as described in
section 202 of title 23, United States Code: Provided, That,
except as otherwise provided under this heading, the funds
made available under this paragraph shall be administered as
if allocated under chapter 2 of title 23, United States Code:
Provided further, That the set-asides described in
subparagraph (C) of section 202(b)(3) of title 23, United
States Code, and subsections (a)(6), (c), (d), and (e) of
section 202 of such title shall not apply to funds made
available under this paragraph: Provided further, That the
set-aside described in section 1123(h)(1) of MAP-21 (as
amended by Public Law 117-58), shall not apply to such funds.
administrative provisions--federal highway administration
(including rescission of funds)
Sec. 120. (a) For fiscal year 2024, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under authorized Federal-aid highway and
highway safety construction programs, or apportioned by the
Secretary under section 202 or 204 of title 23, United States
Code, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs
[[Page S4474]]
(1) and (2) and the amounts distributed under paragraph (4),
for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title
23, United States Code (other than the amounts apportioned
for the National Highway Performance Program in section 119
of title 23, United States Code, that are exempt from the
limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2024, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least
60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
its intent to use its authority under this section and
submits an annual report to the Secretary identifying the
projects to which the funding would be applied.
Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation
for a period of 3 fiscal years after the fiscal year in which
the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually
to the House and Senate Committees on Appropriations.
Sec. 125. (a) Of the unallocated and unobligated balances
available to the Federal Highway Administration, the
following funds are hereby permanently cancelled, subject to
subsections (b) and (c), from the following accounts and
programs in the specified amounts:
(1) $53,160,115 from funds available in the ``Surface
Transportation Priorities'' account (69 X 0538);
(2) $1,839,130 from funds available in the ``Delta Regional
Transportation Development Program'' account (69 X 0551);
(3) $11,814,580 from funds available in the ``Appalachian
Development Highway System'' account (69 X 0640);
(4) $392,112 from funds available in the ``Bridge Capacity
Improvements'' account (69 X 8057);
(5) $30,640,110 from funds available in the ``Miscellaneous
Highway Project'' account (69 X 8058); and
(6) $7,063,307 from funds available in the ``Highway
Projects'' account (69 X 8382).
(b) No amounts may be cancelled under subsection (a) from
any funds for which a State exercised its authority under
section 125 of division L of Public Law 114-113, section 422
of division K of Public Law 115-31, section 126 of division L
of Public Law 115-141, section 125 of division G of Public
Law 116-6, section 125 of division H of Public Law 116-94,
section 124 of division L of Public Law 116-260, section 124
of division L of Public Law 117-103, or section 124 of
division L of Public Law 117-328.
(c) No amounts may be cancelled under subsection (a) from
any amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page S4475]]
Sec. 126. None of the funds made available by this or any
other Act may be used to finalize, implement, administer, or
enforce the proposed rule entitled ``National Performance
Management Measures; Assessing Performance of the National
Highway System, Greenhouse Gas Emissions Measure'' published
by the Federal Highway Administration in the Federal Register
on July 15, 2022 (87 Fed. Reg. 42401) or successor
regulation.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Infrastructure
Investment and Jobs Act (Public Law 117-58), $375,000,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution,
or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall
not exceed total obligations of $375,000,000, for ``Motor
Carrier Safety Operations and Programs'' for fiscal year
2024, of which $14,073,000, to remain available for
obligation until September 30, 2026, is for the research and
technology program, and of which not less than $63,098,000,
to remain available for obligation until September 30, 2026,
is for development, modernization, enhancement, and continued
operation and maintenance of information technology and
information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, $516,300,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$516,300,000 in fiscal year 2024 for ``Motor Carrier Safety
Grants'': Provided further, That of the amounts made
available under this heading--
(1) $406,500,000, to remain available for obligation until
September 30, 2025, shall be for the motor carrier safety
assistance program;
(2) $43,500,000, to remain available for obligation until
September 30, 2025, shall be for the commercial driver's
license program implementation program;
(3) $60,000,000, to remain available for obligation until
September 30, 2025, shall be for the high priority program;
(4) $1,300,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered
mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the
violations.
Sec. 131. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
promulgate any rule or regulation to require vehicles with a
gross vehicle weight of more than 26,000 pounds operating in
interstate commerce to be equipped with a speed limiting
device set to a maximum speed.
Sec. 132. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to require
the use of inward facing cameras as a condition for
participation in the apprenticeship pilot program under
section 23022 of the Infrastructure Investment and Jobs Act
(49 U.S.C. 31315 note).
Sec. 133. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement a policy or regulation for the requirement that a
motor carrier register an apprenticeship program with the
Department of Labor, including registration under part 29 of
title 29, Code of Federal Regulations, in order to
participate in the apprenticeship pilot program under section
23022 of the Infrastructure Investment and Jobs Act (49
U.S.C. 31315 note).
Sec. 134. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety,
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $260,000,000, to remain
available through September 30, 2025.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of section 403 of title 23, United States Code,
including behavioral research on Automated Driving Systems
and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 25024 of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
and chapter 303 of title 49, United States Code,
$201,200,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2024, are in
excess of $201,200,000: Provided further, That of the sums
appropriated under this heading--
(1) $194,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,200,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $201,200,000 obligation
limitation for operations and research, $57,500,000 shall
remain available until September 30, 2025, and shall be in
addition to the amount of any limitation imposed on
obligations for future years: Provided further, That amounts
for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer
responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2024 in
this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of sections 402, 404, and 405 of title 23, United
States Code, and grant administration expenses under chapter
4 of title 23, United States Code, to remain available until
expended, $813,300,800, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the
planning or execution of programs for which the total
obligations in fiscal year 2024 are in excess of $813,300,800
for programs authorized under sections 402, 404, and 405 of
title 23, United States Code, and grant administration
expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this
heading--
(1) $378,400,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $353,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $40,300,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $41,100,800 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National
Priority Safety Programs'' under section 405 of title 23,
United States Code, for ``Impaired Driving Countermeasures''
(as described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under section 405(a)(8) of title 23, United States Code, any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the preceding
proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provision--national highway traffic safety
administration
Sec. 140. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
[[Page S4476]]
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $273,458,000, of
which $25,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $44,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading,
up to $3,000,000 shall be available pursuant to section
20108(d) of title 49, United States Code, for the
construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements grants, as authorized
by section 22907 of title 49, United States Code,
$258,464,439 to remain available until expended: Provided,
That of the amounts made available under this heading in this
Act, $28,864,439 shall be made available for the purposes,
and in amounts, specified for Community Project Funding in
the table entitled ``Community Project Funding'' included in
the Report accompanying this Act: Provided further, That
amounts made available for Community Project Funding under
this heading in this Act shall be available for railroad
project planning activities of projects otherwise eligible
under 22907(c): Provided further, That requirements under
subsections (g) and (l) of section 22907 of title 49, United
States Code, shall not apply to the amounts made available
under this heading in this Act for Community Project Funding:
Provided further, That for amounts made available under this
heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include
any holding company of a Class II railroad or Class III
railroad (as those terms are defined in section 20102 of
title 49, United States Code): Provided further, That the
Secretary may withhold up to 2 percent of the amounts made
available under this heading in this Act for the costs of
award and project management oversight of grants carried out
under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 22101(a) of the Infrastructure Investment and Jobs
Act (Public Law 117-58), $99,231,000, to remain available
until expended: Provided, That the Secretary may retain up
to one-half of one percent of the amounts made available
under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading in this Act to fund the costs of
project management and oversight of activities authorized by
section 22101(c) of the Infrastructure Investment and Jobs
Act (Public Law 117-58).
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
22101(b) of division B of the Infrastructure Investment and
Jobs Act (Public Law 117-58), $776,376,000, to remain
available until expended.
administrative provisions--federal railroad administration
(including transfer of funds)
Sec. 150. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of
award, administration, and project management oversight of
financial assistance which are administered by the Federal
Railroad Administration, in this and prior Acts, may be
transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance''
account for the necessary expenses to support the award,
administration, project management oversight, and technical
assistance of financial assistance administered by the
Federal Railroad Administration, in the same manner as
appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously
designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 151. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the preceding proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later
than 60 days after the date of enactment of this Act, a
summary of all overtime payments incurred by Amtrak for 2023
and the three prior calendar years: Provided further, That
such summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2023 and
for the three prior calendar years.
Sec. 152. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May
1, 2019.
Sec. 153. None of the funds appropriated or otherwise made
available under this Act or any other Act may be provided to
the State of California for a high-speed rail corridor
development project that is the same or substantially similar
to the project that is the subject of Cooperative Agreement
No. FR-HSR-0118-12-01-01 entered into between the California
High-Speed Rail Authority and the Federal Railroad
Administration.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as
amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act,
$13,990,000,000, to be derived from the Mass Transit Account
of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the
implementation or execution of programs authorized under 49
U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6),
5334, 5335, 5337, 5339, and 5340, as amended by the
Infrastructure Investment and Jobs Act, section 20005(b) of
Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, shall not exceed total
obligations of $13,990,000,000 in fiscal year 2024.
transit infrastructure grants
For an additional amount for Community Project Funding for
projects and activities eligible under chapter 53 of such
title, $130,828,124, to remain available until expended, for
the purposes, and in amounts, specified for Community Project
Funding in the table entitled ``Community Project Funding''
included in the Report accompanying this Act: Provided, That
unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs of
the project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project consistent with
administration of similar projects funded under chapter 53 of
title 49, United States Code: Provided further, That amounts
made available under this heading in this Act shall be
derived from the general fund: Provided further, That
amounts made available under this heading in this Act shall
not be subject to any limitation on obligations for transit
programs set forth in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title
49, United States Code, $8,000,000, to remain available until
September 30, 2025, of which $500,000 shall be for the
purpose of providing technical assistance and resources to
Federally Recognized Tribes through the National Rural
Transportation Assistance Program authorized under
5311(b)(3)(C) of title 49, United States Code: Provided,
That the assistance provided under this heading does not
duplicate the activities of section 5312 of title 49, United
States Code: Provided further, That amounts made available
under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts
made available under this heading shall not be subject to any
limitation on obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94), $392,204,000,
to remain available until expended, of which $388,281,960
shall be available for projects authorized under section
5309(d) of title 49, United States Code.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on
[[Page S4477]]
those investments that will improve the safety of the system
before approving such grants.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Capital Investment Grants'' of the Federal Transit
Administration for projects specified in this Act not
obligated by September 30, 2027, and other recoveries, shall
be directed to projects eligible to use the funds for the
purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2023, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation
is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Great Lakes St. Lawrence Seaway Development
Corporation, $40,288,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238):
Provided, That of the amounts made available under this
heading, not less than $16,300,000 shall be for the seaway
infrastructure program.
Maritime Administration
maritime security program
(including rescission of funds)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of
the United States, $318,000,000, to remain available until
expended: Provided, That of the unobligated balances from
prior year appropriations available under this heading,
$6,000,000 are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $10,000,000, to
remain available until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under
section 53406 of title 46, United States Code, $60,000,000,
to remain available until expended: Provided, That funds
appropriated for the Tanker Security Fleet Program in the
Consolidated Appropriations Act, 2022 (P.L. 117-103) shall be
available as authorized under section 53406 of title 46,
United States Code, and for the Secretary to timely reimburse
each program participant up to $2,500,000 for each of its
vessels covered by an operating agreement under section 53403
of title 46, United States Code, for verifiable training and
other costs incurred to ensure that mariners on such vessels
are fully qualified to meet the specialized requirements to
serve on product tank vessels.
operations and training
For necessary expenses of operations and training
activities authorized by law, $210,181,000: Provided, That
of the sums appropriated under this heading--
(1) $89,507,000 shall remain available until September 30,
2025, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $31,921,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine
Academy;
(4) $6,000,000 shall remain available until September 30,
2025, for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $10,000,000 shall remain available until expended, for
the United States Marine Highway Program to make grants for
the purposes authorized under section 55601 of title 46,
United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for fiscal year 2017 (46
U.S.C. 51318): Provided further, That available balances
under this heading for the Short Sea Transportation Program
or America's Marine Highway Program (now known as the United
States Marine Highway Program) from prior year recoveries
shall be available to carry out activities authorized under
section 55601 of title 46, United States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $56,400,000:
Provided, That of the sums appropriated under this heading--
(1) $22,000,000 shall remain available until expended, for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $19,200,000 shall remain available until expended, for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design
of school ships and, as determined by the Secretary,
necessary expenses to design, plan, construct infrastructure,
and purchase equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September 30,
2028, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2025, for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under
paragraph (2) and the funds provided for shoreside
infrastructure improvements in Public Law 117-103 for the
purposes described in paragraph (2): Provided further, That
such funds may be used to reimburse State Maritime Academies
for costs incurred prior to the date of enactment of this
Act: Provided further, That such funds shall be available for
reimbursement only for those costs incurred in compliance
with all applicable Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the National Historic Preservation Act (54 U.S.C. 300101 et
seq.).
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $20,000,000,
to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged with the appropriations for ``Maritime
Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 54301 of title 46, United States Code,
$69,727,566 to remain available until expended, for the
purposes, and in the amounts, specified for Community Project
Funding in the table entitled ``Community Project Funding''
included in the Report accompanying this Act.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be deposited into the Treasury as miscellaneous receipts.
Sec. 171. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated
$6,000,000, to remain available until expended, to carry out
section 3546 of Public Law 117-263, Recapitalization of
National Defense Reserve Fleet.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $31,681,000, of
which $4,500,000 shall remain available until September 30,
2026.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $80,874,000; of which $14,070,000
shall remain available until September 30, 2026, of which
$1,000,000 shall be made available for carrying out section
5107(i) of title 49, United States Code: Provided, That up
to $800,000 in fees collected under section 5108(g)
[[Page S4478]]
of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts:
Provided further, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for
travel expenses incurred in performance of hazardous
materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $197,441,000, to remain available until September
30, 2026, of which $30,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $160,041,000 shall be
derived from the Pipeline Safety Fund; of which $400,000
shall be derived from the fees collected under section 60303
of title 49, United States Code, and deposited in the
Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $7,000,000
shall be derived from fees collected under section 60302 of
title 49, United States Code, and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out section 60141 of title 49, United
States Code: Provided, That not less than $1,058,000 of the
amounts made available under this heading shall be for the
One-Call State grant program: Provided further, That any
amounts made available under this heading in this Act or in
prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements
(``OTAs'') shall require written notification to the House
and Senate Committees on Appropriations not less than 3 full
business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2026, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e),
and 5108(g)(2) of title 49, United States Code: Provided
further, That notwithstanding subsections (b) and (c) of
section 5128 of title 49, United States Code, and the
limitation on obligations provided under this heading, prior
year recoveries recognized in the current year shall be
available to develop and deliver hazardous materials
emergency response training for emergency responders,
including response activities for the transportation of crude
oil, ethanol, flammable liquids, and other hazardous
commodities by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C),
5116(h), 5116(i), 5116(j), and 5107(e) of title 49, United
States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of section 404 of title 5, United
States Code, as amended, $121,001,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App.), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the Inspector General shall have independent
authority over all personnel issues within this office.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of
Transportation or an operating administration of the
Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of
enactment of this Act shall be deemed authorized by Congress
as if this provision was in effect when the system was
purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by
this Act shall disseminate personal information (as defined
in section 2725(3) of title 18, United States Code) obtained
by a State department of motor vehicles in connection with a
motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of
title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee
if a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act
shall be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117-58 to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, letter of intent, federally funded
cooperative agreement, full funding grant agreement, or
discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project
competitively selected to receive any discretionary grant
award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is
announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide
the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines
of credit, letters of intent, federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants prior to the notification required under the preceding
proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor
fees, and other funds received by the Department of
Transportation from travel management centers, charge card
programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the
Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and
equitable criteria and such funds shall be available until
expended.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and such reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days after the date on
which the reprogramming action has been approved or denied by
the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other
[[Page S4479]]
hiring preference not otherwise authorized by law, or to
amend a rule, regulation, policy or other measure that
forbids a recipient of a Federal Highway Administration or
Federal Transit Administration grant from imposing such
hiring preference on a contract or construction project with
which the Department of Transportation is assisting, only if
the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-
to-date and shall ensure that systems procured with funds
provided under this title were procured using such practices.
Sec. 192. None of the funds made available in this Act or
any other Act may be used to require information, criteria,
reporting requirements, or submissions with respect to any
grant program of the Department of Transportation in
accordance with an equity action plan, including the Equity
Action Plan of the Department of Transportation published in
January 2022.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2024''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $18,699,000, to remain
available until September 30, 2025: Provided, That not to
exceed $25,000 of the amount made available under this
heading shall be available to the Secretary of Housing and
Urban Development (referred to in this title as ``the
Secretary'') for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $664,287,000, to remain available until
September 30, 2025: Provided, That of the sums appropriated
under this heading--
(1) $90,380,000 shall be available for the Office of the
Chief Financial Officer;
(2) $125,833,000 shall be available for the Office of the
General Counsel, of which not less than $20,300,000 shall be
for the Departmental Enforcement Center;
(3) $226,682,000 shall be available for the Office of
Administration, of which not less than $4,680,000 may be for
modernization and deferred maintenance of the Weaver
Building;
(4) $51,743,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $28,137,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $66,130,000 shall be available for the Office of Field
Policy and Management;
(7) $4,630,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,752,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this
heading may be used for necessary administrative and non-
administrative expenses of the Department, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title.
program offices
For necessary salaries and expenses for Program Offices,
$1,062,065,000, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $280,117,000 shall be available for the Office of
Public and Indian Housing;
(2) $164,507,000 shall be available for the Office of
Community Planning and Development;
(3) $468,286,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $39,884,000 shall be available for the Office of Policy
Development and Research;
(5) $98,081,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,190,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by
offices and agencies of the Department, and for any such
portion of any office or agency's information technology end-
user devices and wireless support, printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to
provide services not specifically authorized under this
heading: Provided further, That upon a determination by the
Secretary that any other service (or portion thereof)
authorized under this heading shall be provided through the
Fund, amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such
services shall be transferred to the Fund, to remain
available until expended: Provided further, That the
Secretary shall notify the House and Senate Committees on
Appropriations of its plans for executing such transfers at
least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise provided for,
$27,131,600,000 to remain available until expended, which
shall be available on October 1, 2023 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2023), and
$4,000,000,000, to remain available until expended, which
shall be available on October 1, 2024: Provided, That of the
sums appropriated under this heading--
(1) $27,374,554,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act), including renewal of other special purpose
incremental vouchers: Provided, That notwithstanding any
other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2024 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection and Choice
Neighborhoods vouchers: Provided further, That none of the
funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the Moving to Work (MTW) demonstration, which are instead
governed in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2024: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2024 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2023 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2024 MTW funding
allocation: Provided further, That the Secretary shall use
[[Page S4480]]
any offset referred to in the preceding two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $100,000,000 shall be available
only--
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for
a funding obligation not yet expended in the previous
calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW
demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of their
authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing agency
after the agency's actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units
that are demolished or disposed of pursuant to section 18 of
the Act, conversion of section 23 projects to assistance
under section 8, relocation of witnesses (including victims
of violent crimes) in connection with efforts to combat crime
in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph
for units assisted under a project-based subsidy contract
funded under the ``Project-Based Rental Assistance'' heading
under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety risk
to residents: Provided further, That of the amounts made
available under this paragraph, no less than $5,000,000 may
be available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result of
(A) the maturity of a HUD-insured, HUD-held or section 202
loan that requires the permission of the Secretary prior to
loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the Act: Provided further, That any
tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received
any such voucher no longer receives such voucher, and the
authority for any public housing agency to issue any such
voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the
availability of funds;
(3) $2,734,046,000 shall be available for administrative
and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance
program, of which up to $30,000,000 shall be available to the
Secretary to allocate to public housing agencies that need
additional funds to administer their section 8 programs,
including fees associated with section 8 tenant protection
rental assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$2,704,046,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2024 funding cycle based on section 8(q) of the Act (and
related appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the preceding proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $686,000,000 shall be available for the renewal of
tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses:
Provided, That administrative and other expenses of public
housing agencies in administering the special purpose
vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the
percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That up to $10,000,000 shall be available
only--
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result of
insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up to
$5,000,000 shall be available for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned
[[Page S4481]]
or recaptured from awards under the Tribal HUD-VASH program
under prior Acts to existing recipients under the Tribal HUD-
VASH program; and
(6) The Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2024 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior fiscal years that have been terminated shall
be rescinded: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years
fiscal year 1975 through fiscal year 1987 are hereby
rescinded, and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth
under this heading, in addition to amounts otherwise
available.
public housing fund
For 2024 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)) (the ``Act''), and to carry out capital and
management activities for public housing agencies, as
authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,363,000,000, to remain available until
September 30, 2027: Provided, That of the sums appropriated
under this heading--
(1) $5,103,000,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2024 payments;
(2) $25,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,180,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding
proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary
shall provide bonus awards in fiscal year 2024 to public
housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act;
(4) $40,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs,
including safety and security measures necessary to address
crime and drug-related activity, as well as needs resulting
from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2024: Provided, That of the amount made
available under this paragraph, not less than $20,000,000
shall be for safety and security measures: Provided further,
That in addition to the amount in the preceding proviso for
such safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2025, for emergency capital needs have been
processed, shall be allocated to public housing agencies for
such safety and security measures; and
(5) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title:
Provided further, That notwithstanding any other provision
of law or regulation, during fiscal year 2024, the Secretary
of Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future.
operational performance evaluation and risk assessments
For the Department's inspection and assessment programs,
including travel, training, and program support contracts,
$51,000,000 to remain available until September 30, 2027:
Provided, That unobligated balances, including recaptures and
carryover, remaining from funds appropriated under the
heading ``Public Housing Fund'' to support ongoing public
housing financial and physical assessment activities shall be
available for the purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2027,
$175,000,000: Provided, That of the sums appropriated under
this heading--
(1) $125,000,000 shall be available for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u), to promote the development of
local strategies to coordinate the use of assistance under
sections 8 and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency;
(2) $35,000,000 shall be available for the Resident
Opportunity and Self-Sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided, That amounts made
available under this paragraph may be used to renew Resident
Opportunity and Self-Sufficiency program grants to allow the
public housing agency, or a new owner, to continue to serve
(or restart service to) residents of a project with
assistance converted from public housing to project-based
rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or assistance under
section 8(o)(13) of such Act under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a Jobs-Plus
Initiative, modeled after the Jobs-Plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between
public housing authorities, local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
Initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days
before the effective date of such notice.
native american programs
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et
seq.), title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
tribes, and related training and technical assistance,
$1,344,000,000, to remain available until September 30, 2028:
Provided, That of the sums appropriated under this heading--
(1) $1,110,000,000 shall be available for the Native
American Housing Block Grants program, as authorized under
title I of NAHASDA: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation
not later than 60 days after the date of enactment of this
Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such
[[Page S4482]]
amount for competitive grants to eligible recipients
authorized under NAHASDA that apply for funds: Provided
further, That in awarding amounts made available in this
paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation of housing:
Provided further, That any amounts transferred for the
necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in
prior Acts may also be used for the necessary costs of
administering and overseeing such additional amount;
(3) $2,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided, That such costs, including
the cost of modifying such notes and other obligations, shall
be as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of such
guaranteed notes and other obligations that are unobligated,
including recaptures and carryover, shall be available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $50,000,000, to remain available until September 30,
2025;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and
Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), not
more than $5,000,000 may be used for emergencies that
constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts
made available in this paragraph shall be expended for
planning and management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related
to amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the amounts
made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding chapter 63 of title
31, United States Code (commonly known as the Federal Grant
and Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,500,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That amounts made available in this and
prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a), that are unobligated, including
recaptures and carryover, shall be available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $1,800,000,000, to remain available until
September 30, 2025.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $22,300,000, to remain available until September
30, 2028: Provided, That notwithstanding section 812(b) of
such Act, the Department of Hawaiian Home Lands may not
invest grant amounts made available under this heading in
investment securities and other obligations: Provided
further, That amounts made available under this heading in
this and prior fiscal years may be used to provide rental
assistance to eligible Native Hawaiian families both on and
off the Hawaiian Home Lands, notwithstanding any other
provision of law: Provided further, That up to $1,000,000 of
the amounts made available under this heading shall be for
training and technical assistance related to amounts made
available under this heading and other headings in this Act
for the needs of Native Hawaiians and the Department of
Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by
section 184A of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b), any part of which is to be
guaranteed, shall not exceed $21,000,000 in total loan
principal, to remain available until September 30, 2025:
Provided, That the Secretary may enter into commitments to
guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $505,000,000, to remain
available until September 30, 2025, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2026: Provided, That
the Secretary shall renew or replace all expiring contracts
for permanent supportive housing that initially were funded
under section 854(c)(5) of such Act from funds made available
under this heading in fiscal year 2010 and prior fiscal years
that meet all program requirements before awarding funds for
new contracts under such section: Provided further, That the
process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development fund
For assistance to States and units of general local
government, and other entities, for economic and community
development activities, and other purposes, $5,554,267,912 to
remain available until September 30, 2027: Provided, That of
the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.) (in this heading ``the Act''):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
paragraph may not sell, trade, or otherwise transfer all or
any portion of such funds to another such entity in exchange
for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title
I of the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance
with guidelines required under subsection (e)(2) of section
105;
(2) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely
affect the amount of any formula assistance received by a
State under paragraph (1) of this heading: Provided further,
That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding
formula published in 84 FR 16027 (April 17, 2019) except that
the formula shall use age-adjusted rates of drug overdose
deaths for 2021 based on data from the Centers for Disease
Control and Prevention; and
(3) $2,224,267,912 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes
authorized under paragraphs (1), (2), (4), and (5) of section
105(a) of the Act (42 U.S.C. 5305(a)), and in amounts,
specified for Community Project Funding in the table entitled
``Community Project Funding'' included in the Report
accompanying this Act: Provided, That such grants for the
EDI shall be available for reimbursement of otherwise
eligible expenses incurred on or after the date of enactment
of this Act and prior to the date of grant execution:
Provided further, That none of the amounts made available
under this paragraph for grants for the EDI shall be used for
reimbursement of expenses incurred prior to the date of
enactment of this Act:
Provided further, That for amounts made available under
paragraphs (1) and (2), the Secretary shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2024, commitments to
guarantee loans under section 108 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308), any part
of which is guaranteed, shall not exceed a total principal
amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in
subsection (k) of such section 108: Provided, That the
Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit
subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes
[[Page S4483]]
or other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$500,000,000, to remain available until September 30, 2027:
Provided, That notwithstanding section 231(b) of such Act (42
U.S.C. 12771(b)), all unobligated balances remaining from
amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made
available under this heading and allocated in accordance with
the formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall
notify grantees of their formula allocations within 60 days
after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its
HOME Investment Trust Fund that otherwise expired or would
expire in any calendar year from 2018 through 2026 under that
section: Provided further, That section 231(b) of such Act
(42 U.S.C. 12771(b)) shall not apply to any uninvested funds
that otherwise were deducted or would be deducted from the
line of credit in the participating jurisdiction's HOME
Investment Trust Fund in any calendar year from 2018 through
2026 under that section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize
manufactured housing and eligible manufactured housing
communities (including pre-1976 mobile homes) under title I
of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.), $20,000,000, to remain
available until September 30, 2025: Provided, That
recipients of grants provided with amounts made available
under this heading shall be States, units of general local
government, resident-owned manufactured housing communities,
cooperatives, nonprofit entities including consortia of
nonprofit entities, community development financial
institutions, Indian Tribes (as such term is defined in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4103)), or
other entities approved by the Secretary: Provided further,
That the Secretary shall reserve an amount for Indian Tribes
within such competition: Provided further, That the
Secretary may approve entities for selection that partner
with one or several residents of such eligible communities or
that propose to implement a grant program that would assist
residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure,
planning, resident and community services (including
relocation assistance and eviction prevention), resiliency
activities, and providing other assistance to residents or
owners of manufactured homes, which may include providing
assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by
the Secretary, participation in this program shall not
encumber the future transfer of title or use of property by
the residents, owners, or communities: Provided further,
That when selecting recipients, the Secretary shall
prioritize applications that primarily benefit low- or
moderately low-income residents and preserve long-term
housing affordability for residents of manufactured housing
or a manufactured housing community: Provided further, That
eligible manufactured housing communities may include those
that are--
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That resiliency activities means the
reconstruction, repair, or replacement of manufactured
housing and manufactured housing communities to protect the
health and safety of manufactured housing residents and to
address weatherization and energy efficiency needs, except
that for pre-1976 mobile homes, funds made available under
this heading may be used only for replacement: Provided
further, That the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation
that the Secretary administers in connection with the use of
amounts made available under this heading (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that
such waiver or alternative requirement is necessary to
facilitate the use of such amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805
note), and for related activities and assistance,
$60,000,000, to remain available until September 30, 2026:
Provided, That of the sums appropriated under this heading--
(1) $10,000,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note), of which not less than $5,000,000 shall be for rural
capacity building activities: Provided, That for purposes of
awarding grants from amounts made available in this
paragraph, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations;
(3) $7,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
Tribes serving high need rural communities; and
(4) $1,000,000 shall be available for a program to
rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (38 U.S.C. 2101 note): Provided,
That the issuance of a Notice of Funding Opportunity for the
amounts made available in this paragraph shall be completed
not later than 120 days after enactment of this Act and such
amounts shall be awarded not later than 180 days after such
issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.), and for
related activities and assistance, $3,729,000,000, to remain
available until September 30, 2026: Provided, That of the
sums appropriated under this heading--
(1) $290,000,000 shall be available for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) $3,350,000,000 shall be available for the Continuum of
Care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing
services: Provided further, That the Secretary may establish
by notice an alternative maximum amount for administrative
costs related to the requirements described in sections
402(f)(1) and 402(f)(2) of subtitle A of such title IV or no
more than 5 percent or $50,000, whichever is greater,
notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: Provided further, That of the
amounts made available for the Continuum of Care program
under this paragraph, not less than $52,000,000 shall be for
grants for new rapid re-housing projects and supportive
service projects providing coordinated entry, and for
eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided
further, That amounts made available for the Continuum of
Care program under this paragraph and any remaining
unobligated balances under this heading in prior Acts may be
used to competitively or non-competitively renew or replace
grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) $7,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements
Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be
used by the Secretary to enter into cooperative agreements
with such entities as may be determined by the Secretary,
including public and private organizations, agencies, and
institutions; and
(4) $82,000,000 shall be available to implement projects to
demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations
in up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system:
Provided further, That of the
[[Page S4484]]
amount made available under this paragraph, up to $10,000,000
shall be to provide technical assistance to communities,
including but not limited to the communities assisted in the
preceding proviso and the matter preceding such proviso, on
improving system responses to youth homelessness, and
collection, analysis, use, and reporting of data and
performance measures under the comprehensive approaches to
serve homeless youth, in addition to and in coordination with
other technical assistance funds provided under this title:
Provided further, That the Secretary may use up to 10 percent
of the amount made available under the preceding proviso to
build the capacity of current technical assistance providers
or to train new technical assistance providers with
verifiable prior experience with systems and programs for
youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to
provide third party documentation to establish their
eligibility under subsection (a) or (b) of section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
receive services: Provided further, That unaccompanied youth
aged 24 and under or families headed by youth aged 24 and
under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided
further, That persons eligible under section 103(a)(5) of the
McKinney-Vento Homeless Assistance Act may be served by any
project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further,
That for all matching funds requirements applicable to funds
made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as
a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That none of the funds made
available under this heading shall be available to provide
funding for new projects, except for projects created through
reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That any unobligated amounts remaining from funds
made available under this heading in fiscal year 2012 and
prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used
for purposes under this heading, notwithstanding the purposes
for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading in fiscal year 2019 or prior
years, except for rental assistance amounts that were
recaptured and made available until expended, shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $15,420,000,000, to remain available until
expended, shall be available on October 1, 2023 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2023), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2024: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this heading: Provided further, That
of the total amounts provided under this heading, not to
exceed $448,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
preceding proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based housing assistance
payments contract that authorizes the Department or a housing
finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account
and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the preceding
proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under
this heading.
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q),
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 5-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership
and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note),
and for supportive services associated with the housing,
$913,000,000 to remain available until September 30, 2027:
Provided, That of the amount made available under this
heading, up to $112,000,000 shall be for service coordinators
and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided
further, That any funding for existing service coordinators
under the preceding proviso shall be provided within 120 days
of enactment of this Act: Provided further, That the
Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That upon
request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a
section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2027: Provided further, That amounts
deposited in this account pursuant to the preceding proviso
shall be available, in addition to the amounts otherwise
provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated: Provided further, That of the
total amount made available under this heading, up to
$25,000,000 shall be used to expand the supply of
intergenerational dwelling units (as such term is defined in
section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note))
for elderly caregivers raising children: Provided further,
That for the purposes of the preceding proviso the Secretary
may waive, or specify alternative requirements for, any
provision of section 202 of the Housing Act of 1959 (12
U.S.C. 1701q) in order to facilitate the development of such
units, except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available
under this heading, up to $6,000,000 shall be used by the
Secretary to support preservation transactions of housing for
the elderly originally developed with a capital advance and
assisted by a project rental assistance contract under the
provisions of section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
(including transfer of funds)
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to subsection
(h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development
Amendments of 1978 (Public Law 95-557: 92 Stat. 2090),
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
5-year term, for project rental assistance to State housing
finance agencies and other
[[Page S4485]]
appropriate entities as authorized under section 811(b)(3) of
the Cranston-Gonzalez National Affordable Housing Act, and
for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1)
of such Act, $208,000,000, to remain available until
September 30, 2027: Provided, That, upon the request of the
Secretary, project funds that are held in residual receipts
accounts for any project subject to a section 811 project
rental assistance contract, and that upon termination of such
contract are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to remain available until September 30,
2027: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available
in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided
further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading shall be used for the current
purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $57,500,000, to
remain available until September 30, 2025, including up to
$4,500,000 for administrative contract services: Provided,
That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for
purposes of awarding grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $14,000,000 shall be
derived from the Manufactured Housing Fees Trust Fund
(established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount
appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 2024 so as to
result in a final fiscal year 2024 appropriation from the
general fund estimated at zero, and fees pursuant to such
section 620 shall be modified as necessary to ensure such a
final fiscal year 2024 appropriation: Provided further, That
for the dispute resolution and installation programs, the
Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620 of such Act, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2025: Provided, That during fiscal year 2024, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $150,000,000, to remain
available until September 30, 2025: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2024 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2025: Provided, That
during fiscal year 2024, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$550,000,000,000, to remain available until September 30,
2025: Provided, That $51,000,000, to remain available until
September 30, 2025, shall be for necessary salaries and
expenses of the Government National Mortgage Association:
Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the
National Housing Act (12 U.S.C. 1716 et seq.) shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $139,000,000, to remain available until
September 30, 2025: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies,
Indian Tribes, tribally designated housing entities, or
colleges or universities for research projects: Provided
further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the preceding two provisos, the
Secretary shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282; 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided
further, That prior to obligation of technical assistance
funding, the Secretary shall submit a plan to the House and
Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $85,000,000, to remain available until September 30,
2025: Provided, That notwithstanding section 3302 of title
31, United States Code, the Secretary may assess and collect
fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop online courses and provide
such training: Provided further, That none of the funds made
available under this heading may be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $1,000,000 may be available to the Secretary for the
creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852), the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 and
1701z-2), and for related activities and assistance,
$345,000,000, to remain available until September 30, 2026:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $200,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $80,000,000
shall be provided to areas with the highest lead-based paint
abatement need.
(2) $140,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501
[[Page S4486]]
and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and
demonstration efforts, including education and outreach
concerning lead-based paint poisoning and other housing-
related diseases and hazards, and mitigating housing-related
health and safety hazards in housing of low-income families,
of which $10,000,000 shall be for the establishment and
implementation of a national pilot program to facilitate new
financing mechanisms to address lead and other residential
environmental stressors in low-income communities.
(3) $3,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4854, 4854a).
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the
heading ``Research and Technology'' for the purposes of
conducting research and studies and for use in accordance
with the provisos under that heading for non-competitive
agreements.
(5) $2,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the
radon demonstration shall be as specified by applicable State
or local law, if such law is more protective of human health
or the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program, or other demonstrations or programs under this
heading or under prior appropriations Acts for such purposes
under this heading, or under the heading ``Housing for the
Elderly'' under prior Appropriations Acts, shall be
considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this
heading shall certify adequate capacity that is acceptable to
the Secretary to carry out the proposed use of funds pursuant
to a notice of funding opportunity: Provided further, That
the Secretary shall conduct a demonstration to harmonize
income eligibility criteria for grants under this heading in
this and prior Acts with the income eligibility criteria of
certain other Federal programs: Provided further, That for
purposes of such demonstration, the Secretary may establish
income eligibility criteria for such grants using income
eligibility criteria of any program administered by the
Secretary, the Department of Energy weatherization assistance
program (42 U.S.C. 6851 et seq.), the Department of Health
and Human Services low income home energy assistance program
(42 U.S.C. 8621 et seq.), and the Department of Veterans
Affairs supportive services for veteran families program (38
U.S.C. 2044): Provided further, That amounts made available
under this heading, in this or prior appropriations Acts,
still remaining available, may be used for any purpose under
this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information
technology systems and infrastructure, $371,250,000, to
remain available until September 30, 2026: Provided, That not
more than 10 percent of the funds made available under this
heading for development, modernization, and enhancement may
be obligated until 90 days after the Secretary submits a plan
and quarterly reports in accordance with the requirements
stated in the Report accompanying this Act.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $154,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available by this Act may
be used during fiscal year 2024 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged
in solely for the purpose of achieving or preventing action
by a Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2024
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary shall provide quarterly reports to
the House and Senate Committees on Appropriations regarding
all uncommitted, unobligated, recaptured and excess funds in
each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget
information to these Committees upon request.
Sec. 208. None of the funds made available by this title
may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2024 and 2025, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or
[[Page S4487]]
Federal requirements for community integration and reduced
concentration of individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans
under paragraph (1) under the heading ``Native American
Programs'' in title II of this Act shall be allocated to the
same Native Alaskan housing block grant recipients that
received funds in fiscal year 2005, and only such recipients
shall be eligible to apply for funds made available under
paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2024, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other
Federal programs, the Secretary shall maintain any rental
assistance payments under section 8 of the United States
Housing Act of 1937 and other programs that are attached to
any dwelling units in the property. To the extent the
Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned
or having a mortgage held by the Secretary is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental
conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement
remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and
informed consent of the affected tenants and use of other
available remedies, such as partial abatements or
receivership. After disposition of any multifamily property
described in this section, the contract and allowable rent
levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy
under the operating fund formula shall not be exempt from
asset management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized
by sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d),(e)), the Secretary shall not impose
any requirement or guideline relating to asset management
that restricts or limits in any way the use of capital funds
for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section
9(d) for activities that are eligible under section 9(e) for
assistance with amounts from the operating fund in excess of
the amounts permitted under paragraph (1) or (2) of section
9(g).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
[[Page S4488]]
Offices'', ``Program Offices'', ``Government National
Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2024,
notify the public through the Federal Register and other
means, as determined appropriate, of the issuance of a notice
of the availability of assistance or notice of funding
opportunity (NOFO) for any program or discretionary fund
administered by the Secretary that is to be competitively
awarded. Notwithstanding any other provision of law, for
fiscal year 2024, the Secretary may make the NOFO available
only on the Internet at the appropriate Government website or
through other electronic media, as determined by the
Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the headings
``Administrative Support Offices'', or ``Program Offices'',
to any other such office under such headings: Provided, That
no appropriation for any such office under such headings
shall be increased or decreased by more than 10 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide
notification to such Committees 3 business days in advance of
any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary, and comply with
any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a contract under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or a contract for similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or a successor standard; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies or those
deficiencies requiring correction within 24 hours identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but shall not apply to such units assisted under section
8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the
Notice of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a passing score, the Secretary may withdraw
the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure
that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report semi-annually on all
properties covered by this section that are assessed through
the Real Estate Assessment Center and have failing physical
inspection scores or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil
money penalties and termination of subsidies, and
identification of properties that have such conditions
multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be
submitted within 180 days of the transmittal of the first
report.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2024.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State,
locality, housing authority, Tribe, nonprofit organization,
or other entity selected to receive a grant award is
announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 222. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Association, or the Department
of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage
backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political
subdivision of a State.
Sec. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research
of the Department of Housing and Urban Development and
functions thereof, for research, evaluation, or statistical
purposes, and that are unexpended at the time of completion
of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year
for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject
to reprogramming requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to
the effective date of any such administrative discipline or
after any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2024 for the Continuum of Care (CoC) program as
authorized under subtitle C of title
[[Page S4489]]
IV of the McKinney-Vento Homeless Assistance Act, costs paid
by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the
costs are eligible CoC costs that supplement the recipient's
CoC program.
Sec. 227. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the continuum
of care and meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 229. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of
Public Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897)
may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937,
including any reserve funds held by the public housing agency
or funds held by the Department of Housing and Urban
Development, pursuant to the authority for use of section 8
or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28),
notwithstanding the purposes for which such funds were
appropriated.
Sec. 230. None of the amounts made available by this Act
may be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such
funds to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead
Disclosure Rules.
Sec. 231. None of the funds made available by this title
may be used to issue rules or guidance in contravention of
section 1210 of Public Law 115-254 (132 Stat. 3442) or
section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155).
Sec. 232. The language under the heading ``RENTAL
ASSISTANCE DEMONSTRATION'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55), as most recently amended by Public Law 117-103, is
further amended--
(1) in the matter before the first proviso, by striking
``and `Public Housing Operating Fund' '' and inserting ``,
`Public Housing Operating Fund' and `Public Housing Fund' '';
(2) in the second proviso, by striking ``until September
30, 2024'' and inserting ``for fiscal year 2012 and
thereafter'';
(3) by striking the fourth proviso and inserting the
following new provisos: ``Provided further, That at
properties with assistance under section 9 of the Act
requesting to partially convert such assistance, and where an
event under section 18 of the Act occurs that results in the
eligibility for tenant protection vouchers under section 8(o)
of the Act, the Secretary may convert the tenant protection
voucher assistance to assistance under a project-based
subsidy contract under section 8 of the Act, which shall be
eligible for renewal under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997, or
assistance under section 8(o)(13) of the Act, but only if the
property meets any additional requirements established by the
Secretary to facilitate conversion: Provided further, That to
facilitate the conversion of assistance under the preceding
proviso, the Secretary may transfer an amount equal to the
total amount that would have been allocated for tenant
protection voucher assistance for properties that have
requested such conversions from amounts made available for
tenant protection voucher assistance under the heading
`Tenant-Based Rental Assistance' to the heading `Project-
Based Rental Assistance': Provided further, That at
properties with assistance previously converted hereunder to
assistance under the heading `Project-Based Rental
Assistance,' which are also separately assisted under section
8(o)(13) of the Act, the Secretary may, with the consent of
the public housing agency and owner, terminate such project-
based subsidy contracts and immediately enter into one new
project-based subsidy contract under section 8 of the Act,
which shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997, subject to the requirement that any residents assisted
under section 8(o)(13) of the Act at the time of such
termination of such project-based subsidy contract shall
retain all rights accrued under section 8(o)(13)(E) of the
Act under the new project-based subsidy contract and section
8(o)(13)(F)(iv) of the Act shall not apply: Provided further,
That to carry out the previous proviso, the Secretary may
transfer from the heading `Tenant-Based Rental Assistance' to
the heading `Project-Based Rental Assistance' an amount equal
to the amounts associated with such terminating contract
under section 8(o)(13) of the Act:'';
(4) in the thirteenth proviso, as so reordered by the
preceding provisions of this section--
(A) by inserting `` `Public Housing Fund', `Self-
Sufficiency Programs', `Family Self-Sufficiency', `Housing
for the Elderly','' after `` `Public Housing Operating
Fund','' ;and
(B) by inserting ``or the ongoing availability of services
for residents'' after ``effective conversion of assistance
under the demonstration'';
(5) after the twenty-third proviso, as so reordered by the
preceding provisions of this section, by inserting the
following proviso: ``Provided further, That owners of
properties with a senior preservation rental assistance
contract under section 811 of the American Homeownership and
Economic Opportunity Act of 2000 (12 U.S.C. 1701q note),
shall be eligible, subject to requirements established by the
Secretary as necessary to facilitate the conversion of
assistance while maintaining the affordability period and the
designation of the property as serving elderly families, and
tenant consultation procedures, for conversion of assistance
available for such assistance contracts to assistance under a
long-term project-based subsidy contract under section 8 of
the Act'';
(6) in the twenty-eighth proviso, as so reordered by the
preceding provisions of this section, by inserting ``,
section 811 of the American Homeownership and Economic
Opportunity Act of 2000,'' after ``Housing Act of 1959''; and
(7) in the thirty-third proviso, as so reordered by the
preceding provisions of this section, by striking ``any
section 202 project rental assistance contract or section 811
project rental assistance contract conversions'' and
inserting ``the conversion of assistance from section
202(c)(2) of the Housing Act of 1959, section 811 of the
American Homeownership and Economic Opportunity Act of 2000,
or section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act''.
Sec. 233. None of the funds made available by this Act may
be used to implement, administer, or enforce the proposed
rule entitled ``Affirmatively Furthering Fair Housing''
published by the Department of Housing and Urban Development
in the Federal Register on February 9, 2023 (88 Fed. Reg.
8516), or to direct a grantee to undertake specific changes
to existing zoning laws as a part of carrying out the interim
final rule entitled ``Restoring Affirmatively Furthering Fair
Housing Definitions and Certifications'' published by such
Department in the Federal Register on June 10, 2021 (86 Fed.
Reg. 30779).
Sec. 234. For fiscal year 2024, if the Secretary
determines or has determined, for any prior formula grant
allocation administered by the Secretary through the Offices
of Public and Indian Housing, Community Planning and
Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have
received for a formula allocation cycle pursuant to
applicable statutes and regulations, the Secretary may adjust
for any such funding error in the next applicable formula
allocation cycle by (a) offsetting each such recipient's
formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount
of any such funding error, and (b) reallocating any available
balances that are attributable to the offset to the recipient
or recipients that would have been allocated additional funds
in the formula allocation cycle in which any such error
occurred (if such recipient or recipients are eligible for a
formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation
cycle: Provided, That all offsets and reallocations from
such available balances shall be recorded against funds
available for the next applicable formula allocation cycle:
Provided further, That the term ``next applicable formula
allocation cycle'' means the first formula allocation cycle
for a program that is reasonably available for correction
following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving
consideration to all Federal resources available to the
recipient for the same grant purposes, the Secretary
determines that the offset in the next applicable formula
allocation cycle would critically impair the recipient's
ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more
formula allocation cycles.
Sec. 235. The Secretary may transfer from amounts made
available for salaries and expenses under all headings in
this title (excluding amounts made available under the
heading ``Office of Inspector General'') to the heading
``Information Technology Fund'' for information technology
needs, including for additional development, modernization,
and enhancement, to remain available until September 30,
2026: Provided, That the total amount of such transfers
shall not exceed $5,000,000: Provided further, That this
transfer authority shall not be used to fund information
technology projects or activities that have known out-year
development, modernization, or enhancement costs in excess of
$500,000: Provided further, That the Secretary
[[Page S4490]]
shall provide notification to the House and Senate Committees
on Appropriations no less than three business days in advance
of any such transfer.
Sec. 236. The Secretary shall comply with all process
requirements, including public notice and comment, when
seeking to revise any annual contributions contract.
Sec. 237. There is hereby established in the Treasury of
the United States a fund to be known as the Department of
Housing and Urban Development Nonrecurring Expenses Fund (the
Fund): Provided, That unobligated balances of expired
discretionary funds appropriated in this or any succeeding
fiscal year from the General Fund of the Treasury to the
Department of Housing and Urban Development by this or any
other Act may be transferred (not later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which they were
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, in
addition to such other funds as may be available for such
purposes, for capital needs of the Department, including
facilities infrastructure and information technology
infrastructure, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the
Fund may be obligated only after the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of the planned use
of funds.
Sec. 238. For the fiscal year 2024 allocation of amounts
under the Native American Housing Block Grants program, as
authorized under title I of Native American Housing and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), the
number of qualifying low-income housing dwelling units under
section 302(b)(1) of such Act (25 U.S.C. 4152(b)(1)) shall
not be reduced due to the placement of a Native American
veteran assisted with amounts provided under the Tribal HUD-
VASH Program within any such qualifying unit.
Sec. 239. (a) Subsection (a) of section 184 of the Housing
and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(a)) is amended to read as follows:
``(a) Authority.--To provide access to sources of private
financing to Indian families, Indian housing authorities, and
Indian tribes, who otherwise could not acquire housing
financing because of the unique legal status of Indian lands
and the unique nature of tribal economies; and to expand
homeownership opportunities to Indian families, Indian
housing authorities and Indian tribes on fee simple lands,
the Secretary may guarantee not to exceed 100 percent of the
unpaid principal and interest due on any loan eligible under
subsection (b) made to an Indian family, Indian housing
authority, or Indian tribe on trust land and fee simple
land.''.
(b) Paragraph (2) of section 184(b) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(2))
is amended to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.''.
Sec. 240. Section 105 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305) is amended by adding
at the end the following new subsection:
``(i) Special Activities by Indian Tribes.--Indian tribes
receiving grants under section 106(a)(1) of this Act are
authorized to carry out activities described in subsection
(a)(15) of this section directly.''.
Sec. 241. None of the funds made available by this Act may
be used in contravention of existing Federal law regarding
non-citizen eligibility and ineligibility for occupancy in
federally assisted housing or for participation in and
assistance under federal housing programs, including section
214 of the Housing and Community Development Act of 1980 (42
U.S.C. 1436a) and title IV of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et
seq.).
Sec. 242. Of the unobligated balances of amounts made
available under the heading ``Office of Lead Hazard Control
and Healthy Homes'' from prior Acts making appropriations for
the Department of Housing and Urban Development, $564,200,000
are hereby permanently rescinded.
Sec. 243. None of the funds made available to the
Department of Housing and Urban Development in this or prior
Acts may be used to issue a solicitation or accept bids on
any solicitation that is substantially equivalent to the
draft solicitation entitled ``Housing Assistance Payments
(HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 244. None of the funds made available by this Act may
be used to provide Federal funds to a local jurisdiction that
refuses to comply with a request from the Department of
Homeland Security to provide advance notice of the scheduled
release date and time for a particular illegal alien in local
custody.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2024''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792), $9,955,000.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 46107 of title 46, United States
Code, including services as authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States
Code; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code,
$43,720,000, of which $2,000,000 shall remain available until
September 30, 2025: Provided, That not to exceed $3,500
shall be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978 (5 U.S.C.
App. 3), $30,410,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in such Act, to investigate allegations of
fraud, including false statements to the Government under
section 1001 of title 18, United States Code, by any person
or entity that is subject to regulation by the National
Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further,
That concurrent with the President's budget request for
fiscal year 2025, the Inspector General shall submit to the
House and Senate Committees on Appropriations a budget
request for fiscal year 2025 in similar format and substance
to budget requests submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by section 3109 of title 5,
United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for a GS-15;
uniforms, or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code, $145,000,000,
of which not to exceed $2,000 may be used for official
reception and representation expenses.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $172,000,000.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $48,184,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and
authorized expenses under this heading: Provided further,
That the amounts made available under this heading from the
general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2024, to result in a final appropriation from the general
fund estimated at not more than $46,934,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code, of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,188,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States
[[Page S4491]]
Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for
public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued
pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2024, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table in the Report accompanying this Act, whichever
is more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table in the Report accompanying this Act or in the budget
appendix for the respective appropriations whichever is more
detailed, and shall apply to all items for which a dollar
amount is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2024 from
appropriations made available for salaries and expenses for
fiscal year 2024 in this Act, shall remain available through
September 30, 2025, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 414. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
Sec. 417. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
[[Page S4492]]
duties of his or her former position and has not been
restored thereto.
Sec. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 419. (a) None of the funds appropriated or otherwise
made available under this Act may be used to operate,
procure, or enter into a contracting action related to
acquire unmanned aircraft systems, as defined under section
44801 of title 49, United States Code, manufactured by an
entity that is--
(1) included on the Consolidated Screening List or Entity
List as designated by the Secretary of Commerce;
(2) included in the Chinese Military-Industrial Complex
list by the Secretary of the Treasury;
(3) included in the 1260H list by the Secretary of Defense;
(4) domiciled in the People's Republic of China;
(5) subject to influence or control by the government of
the People's Republic of China; or
(6) a subsidiary or affiliate of an entity described in
paragraphs (1) through (5).
(b) Subsection (a) shall not apply to an operation,
procurement, or contracting action that--
(1) is for purposes of counter-UAS testing, analysis,
training, or aviation safety testing and research; and
(2) notification is provided in writing not later than 15
days after making an expenditure to such an operation,
procurement, or contracting action to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the unmanned aircraft system and
intended use of such system, provided that such notification
may include a classified annex, as necessary.
Sec. 420. Of the unobligated balances available in Public
Law 117-169, $25,035,000,000 available under section
10301(1)(A)(ii) as of the date of the enactment of this Act
are permanently rescinded.
Sec. 421. None of the funds made available by this Act may
be used to provide any education, training, or professional
development that utilizes, promotes, or teaches Critical Race
Theory, any concept associated with Critical Race Theory, or
that teaches or trains any idea or concept that condones an
individual being discriminated against or receiving adverse
or beneficial treatment based on race or sex, that condones
an individual feeling discomfort, guilt, anguish, or any
other form of psychological distress on account of that
individual's race or sex, as well as any idea or concept that
regards one race as inherently superior to another race, the
United States or its institutions as being systemically
racist or sexist, an individual as being inherently racist,
sexist, or oppressive by virtue of that individual's race or
sex, an individual's moral character as being necessarily
determined by race or sex, an individual as bearing
responsibility for actions committed in the past by other
members of the same race or sex, or meritocracy being racist,
sexist, or having been created by a particular race to
oppress another race.
Sec. 422. The Secretary of Transportation and the
Secretary of Housing and Urban Development shall provide the
House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending
congressional reports.
Sec. 423. None of the funds made available by this Act may
be used by the Secretary of Housing and Urban Development to
establish, administer, or enforce any requirement to elevate
any structure that is newly constructed, substantially
repaired, or substantially improved and is located within the
areas impacted or distressed as a result of a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and
within a special flood hazard area for purposes of the
National Flood Insurance Program, to an elevation higher than
the elevation required by the Federal Emergency Management
Agency under the National Flood Insurance Program.
Sec. 424. None of the funds made available by this Act may
be used by the Secretary of Housing and Urban Development in
contravention of section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155).
Sec. 425. With respect to a person who has received
Federal assistance for a major disaster or emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) related to Major
Disaster Declarations for Disaster Number 4263 from March of
2016 or Disaster Number 4277 from August of 2016, none of the
funds under this or a prior Act shall be used to enforce an
income threshold to limit the eligibility of such recipient
from qualifying for a waiver of the general prohibition of
the duplication of benefits under section 312(b)(4) of such
Act (42 U.S.C. 5155(b)(4)) for assistance made available
under section 145(a) of division C of Public Law 114-223,
section 192(b) of division C of Public Law 114-223, or
section 421 of division K of Public Law 115-31.
Sec. 426. None of the funds made available in this Act may
be used to facilitate new scheduled air transportation
originating from the United States if such flights would land
on, or pass through, property confiscated by the Cuban
Government, including property in which a minority interest
was confiscated, as the terms confiscated, by the Cuban
Government, and property are defined in paragraphs (4), (5),
and (12)(A), respectively, of section 4 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023 (4), (5), and 7 (12)(A)): Provided, That for this
section, new scheduled air transportation shall include any
flights not already regularly scheduled prior to May 2022.
Sec. 427. (a) In the table of projects in the explanatory
statement referenced in section 417 of the Transportation,
Housing and Urban Development, and Related Agencies
Appropriations Act, 2022 (division L of Public Law 117-103)
the item relating to ``Midland Center for the Arts only for
structural improvements'' is deemed to be amended by striking
recipient ``City of Midland'' and inserting ``Midland Center
for the Arts.''
(b) In the table of projects entitled ``Community Project
Funding/Congressionally Directed Spending'' included in the
explanatory statement that accompanied the Transportation,
Housing and Urban Development, and Related Agencies
Appropriations Act, 2023 (division L of Public Law 117-328)--
(1) the item relating to ``River Road Homes Affordable
Housing Infrastructure'' is deemed to be amended by striking
recipient ``Town of Canaan'' and inserting ``Falls Village
Housing Trust Inc.''; and
(2) the item relating to ``The Star Community Family Life
Center'' is deemed to be amended by striking recipient ``The
Star Community Family Life Center'' and inserting ``Morning
Star Baptist Life Center Five Star Program, Inc.''
Sec. 428. None of the funds made available in this Act or
any other Act may be used for any activities related to the
implementation of Priced Zones (Cordon Pricing) under the
Value Pricing Pilot Program or New York City's Central
Business District Tolling Program.
Sec. 429. None of the funds made available by this Act or
any other Act may be used for any program, project, or
activity associated with the collection of tolls on
Interstate Route 5 or Interstate Route 205 in the State of
Oregon.
Sec. 430. None of the funds made available by this Act may
be obligated or expended to fly or display a flag over a
facility of a Department or agency funded by this Act other
than the flag of the United States; the flag of a State,
insular area, or the District of Columbia; the flag of a
Federally recognized Tribal entity; the official flag of the
Secretary of Transportation or the Secretary of Housing and
Urban Development; the official flag of a U.S. Department or
agency; or the POW/MIA flag.
Sec. 431. (a) IN GENERAL.--Notwithstanding section 7 of
title 1, United States Code, section 1738C of title 28,
United States Code, or any other provision of law, none of
the funds provided by this Act, or previous appropriations
Acts, shall be used in whole or in part to take any
discriminatory action against a person, wholly or partially,
on the basis that such person speaks, or acts, in accordance
with a sincerely held religious belief, or moral conviction,
that marriage is, or should be recognized as, a union of one
man and one woman.
(b) DISCRIMINATORY ACTION DEFINED.--As used in subsection
(a), a discriminatory action means any action taken by the
Federal Government to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement,
guarantee, loan, scholarship, license, certification,
accreditation, employment, or other similar position or
status from or to such person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a
Federal benefit program, including admission to, equal
treatment in, or eligibility for a degree from an educational
program, from or to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) ACCREDITATION; LICENSURE; CERTIFICATION.--The Federal
Government shall consider accredited, licensed, or certified
for purposes of Federal law any person that would be
accredited, licensed, or certified, respectively, for such
purposes but for
[[Page S4493]]
a determination against such person wholly or partially on
the basis that the person speaks, or acts, in accordance with
a sincerely held religious belief or moral conviction
described in subsection (a).
Sec. 432. None of the funds made available by this title
may be used in contravention of section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
Sec. 433. (a) IN GENERAL.--None of the funds made
available, limited, or otherwise affected by this Act shall
be used to approve or otherwise authorize the imposition of
any toll on any segment of highway or bridge located on the
Federal-aid system in the Commonwealth of Pennsylvania that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code;
(3) is constructed with Federal assistance provided under
section 141 of the Internal Revenue Code of 1986; and
(4) is in actual operation as of the date of enactment of
this Act.
(b) EXCEPTIONS.--
(1) NUMBER OF TOLL LANES.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll
lanes as were in existence prior to that date.
(2) HIGH-OCCUPANCY VEHICLE LANES.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a non-toll
lane for purposes of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
Sec. 434. Spending Reduction Account--The amount by which
the applicable allocation of new budget authority made by the
Committee on Appropriations of the House of Representatives
under section 302(b) of the Congressional Budget Act of 1974
exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2024''.
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