[Congressional Record Volume 169, Number 158 (Thursday, September 28, 2023)]
[Senate]
[Pages S4767-S4776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1292. Mr. SCHUMER (for Mrs. Murray) proposed an amendment to the
bill H.R. 3935, to amend title 49, United States Code, to reauthorize
and improve the Federal Aviation Administration and other civil
aviation programs, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations
Act, 2024 and Other Extensions Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
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Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
DIVISION B--OTHER MATTERS
Title I--Extensions and other matters
Title II--FAA Extension
Title III--Health and Human Services
Title IV--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2024, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2023 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees)
that are not otherwise specifically provided for in this Act,
that were conducted in fiscal year 2023, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2023
(division A of Public Law 117-328), except section 729, and
including the matter under the headings ``Food for Peace
Title II Grants'' and ``McGovern-Dole International Food for
Education and Child Nutrition Program Grants'' in title I of
division M of Public Law 117-328, the matter under the
headings ``Agricultural Research Service--Buildings and
Facilities'', ``Food Safety and Inspection Service'', ``Rural
Housing Service--Rural Community Facilities Program Account''
(except all that follows after ``expended'' in such matter
and except that such matter shall be applied by substituting
``$25,300,000'' for ``$75,300,000''), and ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account''
(except all that follows after ``expended'' in such matter
and except that such matter shall be applied by substituting
``$60,000,000'' for ``$325,000,000'') in title I of division
N of Public Law 117-328, and section 2102 in title I of such
division N.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2023 (division B of Public Law 117-328),
except section 540, and except section 521(d)(1) shall be
applied by substituting ``$122,572,000'' for
``$705,768,000'', and including the matter under the headings
``Federal Prison System--Buildings and Facilities'' and
``National Science Foundation--STEM Education'' (except all
that follows after ``2024'' in such matter and except that
such matter shall be applied by substituting ``$92,000,000''
for ``$217,000,000'') in title II of division N of Public Law
117-328, and the second paragraph under each of the headings
``National Oceanic and Atmospheric Administration--
Operations, Research, and Facilities'' (except all that
follows after ``2024'' in such paragraph and except that such
paragraph shall be applied by substituting ``$42,000,000''
for ``$62,000,000''), ``National Oceanic and Atmospheric
Administration--Procurement, Acquisition and Construction'',
``National Aeronautics and Space Administration--Construction
and Environmental Compliance and Restoration'', and
``National Science Foundation--Research and Related
Activities'' (except all that follows after ``2024'' in such
paragraph and except that such paragraph shall be applied by
substituting ``$608,162,000'' for ``$818,162,000'') in title
II of such division N.
(3) The Department of Defense Appropriations Act, 2023
(division C of Public Law 117-328).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2023 (division D of Public Law 117-328),
except the first proviso under the heading ``SPR Petroleum
Account'', and except the second paragraph under the heading
``Title 17 Innovative Technology Loan Guarantee Program'',
and including the matter under the heading ``Energy
Programs--Nuclear Energy'' in title III of division M of
Public Law 117-328 and the second paragraph under each of the
headings ``Corps of Engineers--Civil--Department of the
Army--Construction'' and ``Corps of Engineers--Civil--
Department of the Army--Operation and Maintenance'' in title
IV of division N of Public Law 117-328.
(5) The Financial Services and General Government
Appropriations Act, 2023 (division E of Public Law 117-328).
(6) The Department of Homeland Security Appropriations Act,
2023 (division F of Public Law 117-328), section 2602 of
title VI of division N of Public Law 117-328, and title III
of division O of Public Law 117-328.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2023 (division G of
Public Law 117-328), except section 443, and including the
second paragraph under each of the headings ``Department of
the Interior--Departmental Offices--Department-Wide
Programs--Wildland Fire Management'' and ``Related Agencies--
Department of Agriculture--Forest Service--Wildland Fire
Management'' in title VII of division N of Public Law 117-
328.
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2023
(division H of Public Law 117-328), section 145 of division A
of Public Law 117-180, and the second paragraph under the
heading ``Administration for Children and Families--Low
Income Home Energy Assistance'' in title VIII of division N
of Public Law 117-328.
(9) The Legislative Branch Appropriations Act, 2023
(division I of Public Law 117-328), and section 6 in the
matter preceding division A of Public Law 117-328.
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2023 (division J of
Public Law 117-328), except the matter preceding the first
provisos under the headings ``Medical Services'', ``Medical
Community Care'', ``Medical Support and Compliance'', and
``Medical Facilities'' shall be applied by substituting
``$0'' for ``$261,000,000'', ``$4,300,000,000'',
``$1,400,000,000'', and ``$1,500,000,000'', respectively.
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2023 (division K of
Public Law 117-328), except section 7069, and including the
matter under the headings ``Department of State--
Administration of Foreign Affairs--Diplomatic Programs''
(except all that follows after ``2024'' in such matter and
except that such matter shall be applied by substituting
``$87,054,000'' for ``$147,054,000''), ``Bilateral Economic
Assistance--Funds Appropriated to the President--
International Disaster Assistance'' (except all that follows
after ``expended'' in such matter and except that such matter
shall be applied by substituting ``$637,902,000'' for
``$937,902,000''), ``Bilateral Economic Assistance--Funds
Appropriated to the President--Assistance for Europe, Eurasia
and Central Asia'', ``Bilateral Economic Assistance--
Department of State--Migration and Refugee Assistance''
(except all that follows after ``expended'' in such matter
and except that such matter shall be applied by substituting
``$915,048,000'' for ``$1,535,048,000''), and ``International
Security Assistance--Department of State--International
Narcotics Control and Law Enforcement'' (except all that
follows after ``2024'' in such matter and except that such
matter shall be applied by substituting ``$74,996,000'' for
``$374,996,000'') in title VII of division M of Public Law
117-328.
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2023 (division L of
Public Law 117-328), except sections 153 and 420, and
including the matter under the headings ``Public and Indian
Housing--Tenant-Based Rental Assistance'' and ``Housing
Programs--Project-Based Rental Assistance'' in title X of
division N of Public Law 117-328.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used for:
(1) the new production of items not funded for production
in fiscal year 2023 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2023 funds; or
(3) the initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program
element, and subprogram within a program element, and for any
investment items defined as a P-1 line item in a budget
activity within an appropriation account and an R-1 line item
that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2023.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity
procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted
pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or
other authority were not available during fiscal year 2023.
Sec. 105. Appropriations made and authority granted
pursuant to this Act shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in
the applicable appropriations Act for fiscal year 2024,
appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of
the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2024 without any provision for such
project or activity.
(3) November 17, 2023.
Sec. 107. Expenditures made pursuant to this Act shall be
charged to the applicable
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appropriation, fund, or authorization whenever a bill in
which such applicable appropriation, fund, or authorization
is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this Act may be construed to
waive any other provision of law governing the apportionment
of funds.
Sec. 109. Notwithstanding any other provision of this Act,
except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning of fiscal year 2024
because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this Act
that would impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the
most limited funding action of that permitted in the Act
shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2023, except the matter under the heading
``Cost of War Toxic Exposures Fund'' in title II of division
J of Public Law 117-328, and for activities under the Food
and Nutrition Act of 2008, activities shall be continued at
the rate to maintain program levels under current law, under
the authority and conditions provided in the applicable
appropriations Act for fiscal year 2023, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that
begins after October 2023 but not later than 30 days after
the date specified in section 106(3) may continue to be made,
and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for
operations necessary to avoid furloughs within such
department or agency, consistent with the applicable
appropriations Act for fiscal year 2023, except that such
authority provided under this section shall not be used until
after the department or agency has taken all necessary
actions to reduce or defer non-personnel-related
administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a)(1) For each amount incorporated by reference
in this Act from amounts provided by division M or N of
Public Law 117-328, each section or paragraph of an account
providing each such amount, as applicable, shall be applied
as if that section or paragraph ended with the following
sentence: ``The amount provided herein is designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.''.
(2) Each amount incorporated by reference in this Act that
was previously designated by the Congress as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress), as engrossed in the House of Representatives on
June 8, 2022, or as being for disaster relief pursuant to a
concurrent resolution on the budget in the Senate and section
1(f) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022, is designated by
the Congress as being an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b)(1) Each amount incorporated by reference in this Act
that was specified to meet the terms of section 4004(b)(5)(B)
of S. Con. Res. 14 (117th Congress), the concurrent
resolution on the budget for fiscal year 2022, and section
1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022, or as additional
new budget authority for purposes of section 4004(b)(5) of
such concurrent resolution and section 1(g) of such House
resolution, is provided to meet the terms of section
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
Deficit Control Act of 1985, or is additional new budget
authority as specified for purposes of section 251(b)(2)(F)
of such Act, respectively.
(2) Each amount incorporated by reference in this Act for
``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'' that was specified to meet the terms of
a concurrent resolution on the budget in the Senate and
section 1(j)(2) of H. Res. 1151 (117th Congress), as
engrossed in the House of Representatives on June 8, 2022, or
as additional new budget authority for purposes of a
concurrent resolution on the budget in the Senate and section
1(j) of such House resolution, is provided to meet the terms
of section 251(b)(2)(E)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, or is additional new
budget authority as specified for the purposes of section
251(b)(2)(E) of such Act, respectively.
(3) Each amount incorporated by reference in this Act for
``Department of Health and Human Services--Centers for
Medicare & Medicaid Services--Health Care Fraud and Abuse
Control Account'' that was specified to meet the terms of a
concurrent resolution on the budget in the Senate, or as
additional new budget authority for purposes of a concurrent
resolution on the budget in the Senate and section 1(h) of H.
Res. 1151 (117th Congress), as engrossed in the House of
Representatives on June 8, 2022, is provided to meet the
terms of section 251(b)(2)(C)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, or is additional new
budget authority as specified for the purposes of section
251(b)(2)(C) of such Act, respectively.
(4) Each amount incorporated by reference in this Act for
``Social Security Administration--Limitation on
Administrative Expenses'' that was specified to meet the
terms of a concurrent resolution on the budget in the Senate,
or as additional new budget authority for purposes of a
concurrent resolution on the budget in the Senate and section
1(i) of H. Res. 1151 (117th Congress), as engrossed in the
House of Representatives on June 8, 2022, is provided to meet
the terms of section 251(b)(2)(B)(ii)(III) of the Balanced
Budget and Emergency Deficit Control Act of 1985, or is
additional new budget authority as specified for the purposes
of section 251(b)(2)(B) of such Act, respectively.
(c) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985 shall be available (or repurposed or rescinded, if
applicable) only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress.
Sec. 115. (a) Rescissions or cancellations of discretionary
budget authority that continue pursuant to section 101 in
Treasury Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that
does receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations
in this Act, may be continued instead by reducing the rate
for operations otherwise provided by section 101 for such
current applicable TAFS, as long as doing so does not impinge
on the final funding prerogatives of the Congress.
(b) Rescissions or cancellations described in subsection
(a) shall continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101
of this Act; or
(2) the amount of balances available, as of October 1,
2023, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section
101 of this Act.
(c) No later than November 17, 2023, the Director of the
Office of Management and Budget shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a comprehensive list of the rescissions or
cancellations that will continue pursuant to section 101:
Provided, That the information in such comprehensive list
shall be periodically updated to reflect any subsequent
changes in the amount of balances available, as of October 1,
2023, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section
101, and such updates shall be transmitted to the Committees
on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. Amounts made available by section 101 for ``Farm
Service Agency--Agricultural Credit Insurance Fund Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate approved applications for direct and
guaranteed farm ownership loans, as authorized by 7 U.S.C.
1922 et seq.
Sec. 117. Amounts made available by section 101 for
``Rural Housing Service--Rental Assistance Program'' may be
apportioned up to the rate for operations necessary to
maintain activities as authorized by section 521(a)(2) of the
Housing Act of 1949.
Sec. 118. Amounts made available by section 101 for
``Domestic Food Programs--Food and Nutrition Service--Special
Supplemental Nutrition Program for Women, Infants, and
Children (WIC)'' may be apportioned at the rate for
operations necessary to maintain participation.
Sec. 119. Amounts made available by section 101 for
``Domestic Food Programs--Food and Nutrition Service--
Commodity Assistance Program'' may be apportioned up to the
rate for operations necessary to maintain current program
caseload in the Commodity Supplemental Food Program.
Sec. 120. Section 260 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1636i) and section 942 of the Livestock
Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public
Law 106-78) shall be applied by substituting the date
specified in section 106(3) of this Act for ``September 30,
2023''.
Sec. 121. Amounts made available by section 101 for
``National Telecommunications and Information
Administration--Salaries
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and Expenses'' may be apportioned up to the rate for
operations necessary to administer broadband programs.
Sec. 122. (a) Funds previously made available in the
Consolidated Appropriations Act, 2017 (Public Law 115-31) and
the Consolidated Appropriations Act, 2018 (Public Law 115-
141) under the heading ``National Aeronautics and Space
Administration--Space Operations'' that were available for
obligation through fiscal year 2018 and fiscal year 2019,
respectively, are to remain available through fiscal year
2027 for the liquidation of valid obligations incurred in
fiscal years 2017 through 2019.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2023, this
section shall be applied as if it were in effect on September
30, 2023.
Sec. 123. For purposes of section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473;
98 Stat. 2032), as such section relates to chapter 311 of
title 18, United States Code, and the United States Parole
Commission, each reference in such section to ``36 years'' or
``36-year period'' shall be deemed a reference to ``36 years
and 17 days'' or ``36-year and 17-day period'', respectively.
Sec. 124. Notwithstanding sections 102 and 104, amounts
made available by section 101 to the Department of Defense
for ``Shipbuilding and Conversion, Navy'' may be apportioned
up to the rate for operations necessary for ``Ohio
Replacement Submarine (Full Funding)'' in an amount not to
exceed $621,270,000 for the procurement of one Columbia Class
Submarine.
Sec. 125. (a) The remaining unobligated balances, as of
September 30, 2023, from amounts provided under the heading
``Department of Defense--Operation and Maintenance--Overseas
Humanitarian, Disaster, and Civic Aid'' in division C of
Public Law 117-43 and division B of Public Law 117-70, are
hereby permanently rescinded and, in addition to amounts
otherwise provided by section 101, an amount of additional
new budget authority equivalent to the amount rescinded
pursuant to this subsection is hereby appropriated on
September 30, 2023, for an additional amount for fiscal year
2023, to remain available until September 30, 2024, for the
same purposes and under the same authorities provided under
such heading in Public Laws 117-43 and 117-70, in addition to
other funds as may be available for such purposes: Provided,
That the new budget authority provided by this subsection may
be transferred to any appropriation account of the Department
of State for support of Operation Allies Welcome or any
successor operation: Provided further, That upon any such
transfer, the funds shall be merged with the appropriation to
which the funds are transferred except that such funds may be
made available for such purposes notwithstanding any
requirement or limitation applicable to the appropriation to
which transferred, including sections 2(c)(1) and 2(c)(2) of
the Migration and Refugee Assistance Act with respect to the
``United States Emergency Refugee and Migration Assistance
Fund'' and in section 4(a) and section 4(b) of the State
Department Basic Authorities Act of 1956 with respect to
funds transferred to the ``Emergencies in the Diplomatic and
Consular Service'' account: Provided further, That section
2215 of title 10, United States Code, shall not apply to a
transfer of funds under this section: Provided further, That
the transfer authority provided under this section is in
addition to any other transfer authority provided by law:
Provided further, That the exercise of the authority of this
subsection shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That the new budget authority
provided by this subsection is designated by the Congress as
being for an emergency requirement pursuant to section
4001(a)(1) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022 and
to legislation establishing fiscal year 2024 budget
enforcement in the House of Representatives.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2023, this
section shall be applied as if it were in effect on September
30, 2023.
Sec. 126. In addition to amounts otherwise provided by
section 101, for ``Operation and Maintenance--Operation and
Maintenance, Defense-Wide'', there is appropriated
$4,499,000,000, for an additional amount for fiscal year
2024, to remain available until September 30, 2024, to
respond to the situation in Ukraine and for related expenses:
Provided, That of such amount, $25,517,000 shall be
transferred to accounts under the heading ``Military
Personnel''; $3,910,483,000 shall be transferred to accounts
under the heading ``Operation and Maintenance'', of which
$1,500,000,000 shall be for the Ukraine Security Assistance
Initiative and $1,500,000,000 may be transferred to accounts
under the headings ``Operation and Maintenance'' and
``Procurement'' for replacement of defense articles from the
stocks of the Department of Defense, and for reimbursement
for defense services of the Department of Defense and
military education and training, provided to the government
of Ukraine or to foreign countries that have provided support
to Ukraine at the request of the United States and funds
transferred pursuant to such authority shall be merged with
and available for the same purposes and for the same time
period as the appropriations to which transferred;
$475,275,000 shall be transferred to accounts under the
heading ``Procurement'' to respond to the situation in
Ukraine and for related or other expenses; $83,725,000 shall
be transferred to accounts under the heading ``Research,
Development, Test and Evaluation''; $3,000,000 shall be
transferred to ``Other Department of Defense Programs--Office
of the Inspector General''; and $1,000,000 shall be
transferred to ``Related Agencies--Intelligence Community
Management Account'': Provided further, That funds
transferred pursuant to this section shall be available for
programs, projects, activities or operations for which funds
were made available to the Department of Defense in division
M of Public Law 117-328, under the authorities and conditions
in that Act: Provided further, That none of the funds
provided in this section may be obligated or expended until
10 days after the Secretary of Defense provides the
Committees on Appropriations of the House of Representatives
and the Senate a detailed execution plan for such funds:
Provided further, That the Secretary of Defense may reduce
this notification period on a case-by-case basis for urgent
national security requirements: Provided further, That upon
a determination that all or part of the funds transferred
pursuant to the first proviso are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the
transfer authority provided herein is in addition to any
other transfer authority provided by law: Provided further,
That the reporting requirements in sections 1201 and 1202 of
title II of division M of Public Law 117-328 shall apply to
the funds made available pursuant to this section: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 127. During the period covered by this Act, section
714(b)(2)(B) of title 10, United States Code, shall be
applied by substituting ``four years'' for ``two years''.
Sec. 128. (a) Notwithstanding section 101, title II of
division E of Public Law 117-328 shall be applied by adding
the following new heading and appropriation language under
the heading ``Executive Office of the President and Funds
Appropriated to the President'':
``Office of Pandemic Preparedness and Response Policy
``salaries and expenses
``For necessary expenses of the Office of Pandemic
Preparedness and Response Policy, as authorized by section
2104 of the PREVENT Pandemics Act (42 U.S.C. 300hh-3),
$3,700,000, of which not to exceed $5,000 shall be available
for official reception and representation expenses.''.
(b) Notwithstanding section 101, section 201 of title II of
division E of Public Law 117-328 shall be applied by
inserting ``Office of Pandemic Preparedness and Response
Policy'' after ``Office of Administration''.
Sec. 129. Notwithstanding section 101, the matter
preceding the first proviso under the heading ``Office of
Personnel Management--Salaries and Expenses'' in division E
of Public Law 117-328 shall be applied by substituting
``$219,076,000'' for ``$190,784,000''.
Sec. 130. Notwithstanding any other provision of this Act,
except section 106, the District of Columbia may expend local
funds made available under the heading ``District of
Columbia--District of Columbia Funds'' for such programs and
activities under the District of Columbia Appropriations Act,
2023 (title IV of division E of Public Law 117-328) at the
rate set forth in the Fiscal Year 2024 Local Budget Act of
2023 (D.C. Act 25-161), as modified as of the date of
enactment of this Act.
Sec. 131. Amounts made available by section 101 to the
Department of Homeland Security under the heading ``Federal
Emergency Management Agency--Disaster Relief Fund'' may be
apportioned up to the rate for operations necessary to carry
out response and recovery activities under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
Sec. 132. In addition to amounts otherwise provided by
section 101, for ``Federal Emergency Management Agency--
Disaster Relief Fund'', there is appropriated $5,999,000,000,
for an additional amount for fiscal year 2024, to remain
available until expended, of which $1,000,000 shall be
transferred to ``Office of the Inspector General--Operations
and Support'' for audits and investigations of activities
funded under ``Federal Emergency Management Agency--Disaster
Relief Fund'' and $5,500,000,000 shall be for major disasters
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 133. (a) Sections 1309(a) and 1319 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026)
shall be applied by substituting the date specified in
section 106(3) of this Act for ``September 30, 2023''.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2023, this
section shall be applied as if it were in effect on September
30, 2023.
[[Page S4771]]
Sec. 134. Section 227(a) of the Federal Cybersecurity
Enhancement Act of 2015 (6 U.S.C. 1525(a)) shall be applied
by substituting the date specified in section 106(3) of this
Act for ``September 30, 2023''.
Sec. 135. Amounts made available by section 101 for
``Department of the Interior--Department-Wide Programs--
Wildland Fire Management'' and ``Department of Agriculture--
Forest Service--Wildland Fire Management'' shall be available
for the Federal wildland firefighter base salary increase
provided under section 40803(d)(4)(B) of Public Law 117-58
and may be apportioned up to the rate for operations
necessary to continue to fund such base salary increase.
Sec. 136. (a) Amounts made available by section 101 for
``Department of Education--Student Aid Administration'' may
be apportioned up to the rate for operations necessary to
ensure the continuation of student loan servicing activities,
including supporting borrowers reentering repayment.
(b) The limitation in section 302 of division H of Public
Law 117-328 regarding transfers increasing any appropriation
shall be applied to transfers to appropriations under the
heading ``Department of Education--Student Aid
Administration'' during the period covered by this Act by
substituting ``10 percent'' for ``3 percent'' for the
purposes of the continuation of basic operations, including
student loan servicing, business process operations, digital
customer care, common origination and disbursement,
cybersecurity activities, and information technology systems.
Sec. 137. Activities authorized by part A of title IV
(other than under section 403(c) or 418) and section 1108(b)
of the Social Security Act shall continue through the date
specified in section 106(3), in the manner authorized for
fiscal year 2023, and out of any money in the Treasury of the
United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose.
Sec. 138. During the period covered by this Act, section
401(a)(1)(A) of the Additional Ukraine Supplemental
Appropriations Act, 2022 (Public Law 117-128) shall be
applied by substituting the date specified in section 106(3)
of this Act for ``September 30, 2023'': Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 139. Amounts provided by section 101 for ``Department
of Health and Human Services--Office of the Secretary--Public
Health and Social Services Emergency Fund'' for activities
carried out by the Assistant Secretary for Preparedness and
Response may be obligated under the authorities and
conditions of division H of Public Law 117-328 in an account
and budget structure under the heading ``Department of Health
and Human Services--Administration for Strategic Preparedness
and Response'' to one or more applicable accounts.
Sec. 140. In addition to amounts otherwise provided by
section 101, for ``Government Accountability Office--Salaries
and Expenses'', there is appropriated $2,000,000, for an
additional amount for fiscal year 2024, to remain available
until expended, of which $1,000,000 shall be for the
oversight of amounts provided in this Act to respond to the
situation in Ukraine and for related expenses, division M of
Public Law 117-328, division B of Public Law 117-180, Public
Law 117-128, and division N of Public Law 117-103 and of
which $1,000,000 shall be for audits and investigations
relating to disasters and emergencies declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) for calendar year
2023: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 141. Notwithstanding section 101, section 126 of
division J of Public Law 117-328 shall be applied during the
period covered by this Act by substituting ``fiscal year
2017, fiscal year 2018, and fiscal year 2019'' for ``fiscal
year 2017 and fiscal year 2018''.
Sec. 142. In addition to amounts otherwise provided by
section 101, for ``Bilateral Economic Assistance--Funds
Appropriated to the President--Economic Support Fund'', there
is appropriated $1,650,000,000, for an additional amount for
fiscal year 2024, to remain available until September 30,
2025, for assistance for Ukraine, which may include budget
support: Provided, That such funds may be made available
notwithstanding any other provision of law that restricts
assistance to foreign countries and may be made available as
contributions: Provided further, That the authorities and
conditions of section 1705 of title VII of division M of
Public Law 117-328 shall apply to funds provided by this
section: Provided further, That of such funds, $1,000,000
shall be transferred to ``Department of State and Related
Agency--Department of State--Administration of Foreign
Affairs--Office of Inspector General'' and $1,000,000 shall
be transferred to ``United States Agency for International
Development--Funds Appropriated to the President--Office of
Inspector General'': Provided further, That such transfer
authority is in addition to any transfer authority otherwise
provided by law: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 143. The authority provided by section 2401 of the
Afghanistan Supplemental Appropriations Act, 2022 (division C
of Public Law 117-43) shall continue in effect through the
date specified in section 106(3) of this Act.
Sec. 144. Notwithstanding section 101, the matter under
the heading ``Bilateral Economic Assistance--Independent
Agencies--Millennium Challenge Corporation'' in title III of
division K of Public Law 117-328 shall be applied by
inserting the following new provisos before the last proviso:
``Provided further, That the member of the Board described in
section 604(c)(3)(B)(ii) of the Millennium Challenge Act of
2003, as amended (22 U.S.C. 7703(c)(3)(B)(ii)), whose term
began on September 16, 2019, shall continue to serve in such
appointment until March 31, 2024: Provided further, That in
the event that a new member of the Board described in section
604(c)(3)(B) of such Act (22 U.S.C. 7703(c)(3)(B)) is
appointed prior to March 31, 2024, the term of the member of
the Board whose term began on September 16, 2019, shall
terminate as of the date of such appointment:''.
Sec. 145. Notwithstanding section 101, the matter
preceding the first proviso under the heading ``Department of
Transportation--Federal Aviation Administration--Facilities
and Equipment'' in title I of division L of Public Law 117-
328 shall be applied by substituting ``$617,000,000'' for
``$570,000,000'' and substituting ``$2,174,200,000'' for
``$2,221,200,000''.
DIVISION B--OTHER MATTERS
TITLE I--EXTENSIONS AND OTHER MATTERS
SEC. 2101. EXTENSION OF CERTAIN PROVISIONS OF THE COMPACT OF
FREE ASSOCIATION WITH THE FEDERATED STATES OF
MICRONESIA AND THE FEDERAL PROGRAM AND SERVICES
AGREEMENTS WITH THE FEDERATED STATES OF
MICRONESIA AND THE REPUBLIC OF THE MARSHALL
ISLANDS.
(a) Grant and Other Financial Assistance.--
(1) In general.--During the period beginning on October 1,
2023, and ending on November 17, 2023, any activities
described in sections 211, 212, and 215 of the Compact of
Free Association between the Government of the United States
of America and the Government of the Federated States of
Micronesia set forth in section 201(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188) shall, with the mutual consent of the
Federated States of Micronesia, continue in the manner
authorized and required for fiscal year 2023 under the
agreements described in paragraphs (4) and (5) of section
462(b) of that Compact.
(2) Funding.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, to carry out the
activities authorized under paragraph (1) an amount equal to
the pro rata portion of the amount appropriated for those
activities for fiscal year 2023.
(b) Federal Programs and Services.--During the period
beginning on October 1, 2023, and ending on the date on which
a new Federal programs and services agreement with the
applicable country enters into force, any activities
described in sections 131, 132, and 221(a) of the Compact of
Free Association between the Government of the United States
of America and the Government of the Federated States of
Micronesia set forth in section 201(a) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921 note;
Public Law 108-188) and sections 131, 132, and 221(a) of the
Compact of Free Association between the Government of the
United States of America and the Government of the Republic
of the Marshall Islands set forth in section 201(b) of that
Act shall, with the mutual consent of the Federated States of
Micronesia or the Republic of the Marshall Islands, as
applicable, continue in the manner authorized and required
for fiscal year 2023 under the agreement described in section
462(b)(1) of the Compact of Free Association between the
Government of the United States of America and the Government
of the Federated States of Micronesia set forth in section
201(a) of that Act and the agreement described in section
462(b)(1) of the Compact of Free Association between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands set forth in section
201(b) of that Act, respectively.
SEC. 2102. EXTENSION OF DEADLINE TO PROMULGATE CERTAIN
REGULATIONS.
Section 413(a) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5373(a)) is amended--
(1) in paragraph (2), by striking ``21 months'' and
inserting ``38 months''; and
(2) in paragraph (3), by striking ``30 months'' and
inserting ``50 months''.
TITLE II--FAA EXTENSION
Subtitle A--Federal Aviation Programs
SEC. 2201. AIRPORT IMPROVEMENT PROGRAM.
(a) Authorization of Appropriations.--Section 48103(a) of
title 49, United States Code, is amended--
[[Page S4772]]
(1) in paragraph (5) by striking the ``and'' at the end;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $842,076,502 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
(b) Obligation Authority.--Subject to limitations specified
in advance in appropriation Acts, sums made available
pursuant to the amendment made by subsection (a) may be
obligated at any time through September 30, 2024, and shall
remain available until expended.
(c) Program Implementation.--For purposes of calculating
funding apportionments and meeting other requirements under
sections 47114, 47115, 47116, and 47117 of title 49, United
States Code, for the period beginning on October 1, 2023, and
ending on December 31, 2023, the Administrator of the Federal
Aviation Administration shall--
(1) first calculate such funding apportionments on an
annualized basis as if the total amount available under
section 48103 of such title for fiscal year 2024 was
$3,350,000,000; and
(2) then reduce by 75 percent--
(A) all funding apportionment amounts calculated under
paragraph (1); and
(B) amounts made available pursuant to subsections (b) and
(f)(2) of section 47117 of such title.
(d) Extension of Project Grant Authority.--Section 47104(c)
of title 49, United States Code, is amended in the matter
preceding paragraph (1) by striking ``September 30, 2023,''
and inserting ``December 31, 2023,''.
(e) Extension of Special Rule for Apportionments.--Section
47114(c)(1)(J) of title 49, United States Code, is amended by
striking ``2023 to'' and inserting ``2023, and for the period
beginning on October 1, 2023, and ending on December 31,
2023, to''.
SEC. 2202. EXTENSION OF EXPIRING AUTHORITIES; MISCELLANEOUS
AUTHORIZATIONS.
(a) Authority to Provide Insurance.--Section 44310(b) of
title 49, United States Code, is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(b) Unmanned Aircraft Test Ranges.--Section 44803(h) of
title 49, United States Code, is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(c) Special Authority for Certain Unmanned Aircraft
Systems.--Section 44807(d) of title 49, United States Code,
is amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(d) Extension of Airport Safety and Airspace Hazard
Mitigation and Enforcement.--Section 44810(h) of title 49,
United States Code, is amended by striking ``September 30,
2023'' and inserting ``December 31, 2023''.
(e) Competitive Access Reporting Requirement.--Section
47107(r)(3) of title 49, United States Code, is amended by
striking ``October 1, 2023'' and inserting ``January 1,
2024''.
(f) Marshall Islands, Micronesia, and Palau.--Section
47115(i) of title 49, United States Code, is amended by
inserting ``, and for the period beginning on October 1,
2023, and ending on December 31, 2023'' after ``fiscal years
2018 through 2023''.
(g) Supplemental Discretionary Funds.--Section
47115(j)(4)(A) of title 49, United States Code, is amended by
inserting at the end the following:
``(vi) $140,401,803 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
(h) Compatible Land Use Planning and Projects by State and
Local Governments.--Section 47141(f) of title 49, United
States Code, is amended by striking ``September 30, 2023''
and inserting ``December 31, 2023''.
(i) Non-movement Area Surveillance Pilot Program.--Section
47143(c) of title 49, United States Code, is amended by
striking ``October 1, 2023'' and inserting ``January 1,
2024''.
(j) Weather Reporting Programs.--Section 48105 of title 49,
United States Code, is amended by adding at the end the
following:
``(5) $9,803,278 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
(k) Learning Period.--Section 50905(c)(9) of title 51,
United States Code, is amended by striking ``October 1,
2023'' and inserting ``January 1, 2024''.
(l) Midway Island Airport.--Section 186(d) of the Vision
100--Century of Aviation Reauthorization Act (Public Law 108-
176; 117 Stat. 2518) is amended by inserting ``and for the
period beginning on October 1, 2023, and ending on December
31, 2023,'' after ``fiscal years 2018 through 2023''.
(m) Final Order Establishing Mileage and Adjustment
Eligibility.--Section 409(d) of the Vision 100--Century of
Aviation Reauthorization Act (49 U.S.C. 41731 note) is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(n) Contract Weather Observers.--Section 2306(b) of the FAA
Extension, Safety, and Security Act of 2016 (Public Law 114-
190; 130 Stat. 641) is amended by striking ``October 1,
2023'' and inserting ``January 1, 2024''.
(o) Remote Tower Pilot Program.--Section 161(a)(10) of the
FAA Reauthorization Act of 2018 (49 U.S.C. 47104 note) is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(p) Airport Access Roads in Remote Locations; Storage
Facilities for Snow Removal Equipment.--Section 162 of the
FAA Reauthorization Act of 2018 (49 U.S.C. 47102 note) is
amended by inserting ``and for the period beginning on
October 1, 2023, and ending on December 31, 2023'' after
``fiscal years 2018 through 2023''.
(q) UAS Remote Detection and Identification Pilot
Program.--Section 372(d) of the FAA Reauthorization Act of
2018 (49 U.S.C. 44810 note) is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(r) Advisory Committee for Aviation Consumer Protection.--
Section 411(h) of the FAA Modernization and Reform Act of
2012 (49 U.S.C. 42301 note) is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(s) Aviation Consumer Advocate.--Section 424(e) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended
by striking ``September 30, 2023'' and inserting ``December
31, 2023''.
(t) Advisory Committee on Air Travel Needs of Passengers
With Disabilities.--Section 439(g) of the FAA Reauthorization
Act of 2018 (49 U.S.C. 41705 note) is amended by striking
``September 30, 2023'' and inserting ``December 31, 2023''.
(u) Enhanced Traffic Services.--Section 547(e) of the FAA
Reauthorization Act of 2018 (49 U.S.C. 40103 note) is amended
by striking ``September 30, 2023'' and inserting ``December
31, 2023''.
(v) Pilot Program for Redevelopment of Airport
Properties.--Section 822(k) of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 47141 note) is amended by
striking ``September 30, 2023'' and inserting ``December 31,
2023''.
SEC. 2203. FEDERAL AVIATION ADMINISTRATION OPERATIONS.
Section 106(k) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (E) by striking ``and'' at the end;
(B) in subparagraph (F) by striking the period at the end
and inserting ``; and''; and
(C) by inserting after subparagraph (F) the following:
``(G) $2,995,027,322 for the period beginning on October 1,
2023, and ending on December 31, 2023.''; and
(2) in paragraph (3) by inserting ``and for the period
beginning on October 1, 2023, and ending on December 31,
2023'' after ``fiscal years 2018 through 2023''.
SEC. 2204. AIR NAVIGATION FACILITIES AND EQUIPMENT.
Section 48101(a) of title 49, United States Code, is
amended by adding at the end the following:
``(7) $740,273,224 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
SEC. 2205. RESEARCH, ENGINEERING, AND DEVELOPMENT.
Section 48102(a) of title 49, United States Code, is
amended--
(1) in paragraph (14), by striking ``and'';
(2) in paragraph (15) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(16) $64,098,360 for the period beginning on October 1,
2023, and ending on December 31, 2023.''.
SEC. 2206. SMALL COMMUNITY AIR SERVICE.
(a) Essential Air Service Authorization.--Section
41742(a)(2) of title 49, United States Code, is amended by
striking ``2023'' and inserting ``2023, and $89,191,486 for
the period beginning on October 1, 2023, and ending on
December 31, 2023,''.
(b) Airports Not Receiving Sufficient Service.--Section
41743(e)(2) of title 49, United States Code, is amended by
inserting ``, and $2,513,661 for the period beginning on
October 1, 2023, and ending on December 31, 2023,'' after
``fiscal years 2018 through 2023''.
Subtitle B--Aviation Revenue Provisions
SEC. 2211. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended--
(1) in the matter preceding subparagraph (A) by striking
``October 1, 2023'' and inserting ``January 1, 2024''; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ``or title II of division B of the
Continuing Appropriations Act, 2024 and Other Extensions
Act;''.
(b) Conforming Amendment.--Section 9502(e)(2) of such Code
is amended by striking ``October 1, 2023'' and inserting
``January 1, 2024''.
SEC. 2212. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.
(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal
Revenue Code of 1986 is amended by striking ``September 30,
2023'' and inserting ``December 31, 2023''.
(b) Ticket Taxes.--
(1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(2) Property.--Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ``September 30, 2023'' and inserting
``December 31, 2023''.
(c) Fractional Ownership Programs.--
(1) Fuel tax.--Section 4043(d) of such Code is amended by
striking ``September 30, 2023'' and inserting ``December 31,
2023''.
(2) Treatment as noncommercial aviation.--Section 4083(b)
of such Code is amended by striking ``October 1, 2023'' and
inserting ``January 1, 2024''.
(3) Exemption from ticket tax.--Section 4261(j) of such
Code is amended by striking ``September 30, 2023'' and
inserting ``December 31, 2023''.
[[Page S4773]]
Subtitle C--Expiring Counter-UAS Authorities
SEC. 2221. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM
UNMANNED AIRCRAFT.
Section 210G(i) of the Homeland Security Act of 2002 (6
U.S.C. 124n(i)) is amended by striking ``on the date that is
4 years after the date of enactment of this section'' and
inserting ``on November 18, 2023''.
TITLE III--HEALTH AND HUMAN SERVICES
Subtitle A--Animal Drug and Animal Generic Drug User Fee Amendments
CHAPTER 1--FEES RELATING TO ANIMAL DRUGS
SEC. 2301. SHORT TITLE; FINDING.
(a) Short Title.--This chapter may be cited as the ``Animal
Drug User Fee Amendments of 2023''.
(b) Finding.--Congress finds that the fees authorized by
the amendments made in this chapter will be dedicated toward
expediting the animal drug development process and the review
of new and supplemental animal drug applications and
investigational animal drug submissions as set forth in the
goals identified for purposes of part 4 of subchapter C of
chapter VII of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-11 et seq.), in the letters from the Secretary of
Health and Human Services to the Chairman of the Committee on
Energy and Commerce of the House of Representatives and the
Chairman of the Committee on Health, Education, Labor, and
Pensions of the Senate as set forth in the Congressional
Record.
SEC. 2302. DEFINITIONS.
Section 739 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-11) is amended--
(1) in paragraph (3), by striking ``national drug code''
and inserting ``National Drug Code''; and
(2) by amending paragraph (8)(I) to read as follows:
``(I) The activities necessary for implementation of the
United States and European Union Mutual Recognition Agreement
for Pharmaceutical Good Manufacturing Practice Inspections,
and the United States and United Kingdom Mutual Recognition
Agreement Sectoral Annex for Pharmaceutical Good
Manufacturing Practices, and other mutual recognition
agreements, with respect to animal drug products subject to
review, including implementation activities prior to and
following product approval.''.
SEC. 2303. AUTHORITY TO ASSESS AND USE ANIMAL DRUG FEES.
(a) In General.--Section 740(a)(1)(A)(ii) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(a)(1)(A)(ii))
is amended--
(1) in subclause (I), by striking ``and'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) an application for conditional approval under
section 571 of a new animal drug for which an animal drug
application submitted under section 512(b)(1) has been
previously approved under section 512(d)(1) for another
intended use.''.
(b) Fee Revenue Amounts.--Section 740(b)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(b)(1)) is
amended to read as follows:
``(1) In general.--Subject to subsections (c), (d), (f),
and (g), for each of fiscal years 2024 through 2028, the fees
required under subsection (a) shall be established to
generate a total revenue amount of $33,500,000.''.
(c) Annual Fee Setting; Adjustments.--
(1) Annual fee setting.--Section 740(c)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(c)(1)) is
amended to read as follows:
``(1) Annual fee setting.--Not later than 60 days before
the start of each fiscal year beginning after September 30,
2023, the Secretary shall--
``(A) establish for that fiscal year animal drug
application fees, supplemental animal drug application fees,
animal drug sponsor fees, animal drug establishment fees, and
animal drug product fees based on the revenue amounts
established under subsection (b) and the adjustments provided
under this subsection; and
``(B) publish such fee revenue amounts and fees in the
Federal Register.''.
(2) Inflation adjustment.--Section 740(c)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(c)(2)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``2020'' and inserting ``2025''; and
(ii) in clause (iii), by striking ``Baltimore'' and
inserting ``Arlington-Alexandria''; and
(B) in subparagraph (B), by striking ``2020'' and inserting
``2025''.
(3) Workload adjustments.--Section 740(c)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``2020'' and inserting ``2025''; and
(II) by striking ``subparagraphs (B) and (C)'' and
inserting ``subparagraph (B)'';
(ii) in clause (i) by striking ``and'' at the end; and
(iii) by striking clause (ii) and inserting the following:
``(ii) such adjustment shall be made for each fiscal year
that the adjustment determined by the Secretary is greater
than 3 percent, except for the first fiscal year that the
adjustment is greater than 3 percent; and
``(iii) the Secretary shall publish in the Federal Register
notice under paragraph (1) the amount of such adjustment and
the supporting methodologies.'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B).
(4) Final year adjustment.--Section 740(c)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
12(c)(4)) is amended to read as follows:
``(4) operating reserve adjustment.--
``(A) In general.--For fiscal year 2025 and each subsequent
fiscal year, after the fee revenue amount established under
subsection (b) is adjusted in accordance with paragraphs (2)
and (3), the Secretary shall--
``(i) increase the fee revenue amount for such fiscal year,
if necessary to provide an operating reserve of not less than
12 weeks; or
``(ii) if the Secretary has an operating reserve in excess
of the number of weeks specified in subparagraph (C) for that
fiscal year, the Secretary shall decrease the fee revenue
amount to provide not more than the number of weeks specified
in subparagraph (C) for that fiscal year.
``(B) Carryover user fees.--For purposes of this paragraph,
the operating reserve of carryover user fees for the process
for the review of animal drug applications does not include
carryover user fees that have not been appropriated.
``(C) Number of weeks of operating reserves.--The number of
weeks of operating reserves specified in this subparagraph
is--
``(i) 22 weeks for fiscal year 2025;
``(ii) 20 weeks for fiscal year 2026;
``(iii) 18 weeks for fiscal year 2027; and
``(iv) 16 weeks for fiscal year 2028.
``(D) Publication.--If an adjustment to the operating
reserve is made under this paragraph, the Secretary shall
publish in the Federal Register notice under paragraph (1)
the rationale for the amount of the adjustment and the
supporting methodologies.''.
(d) Exemption From Fees.--Section 740(d)(4) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(d)(4)) is
amended to read as follows:
``(4) Exemption from fees.--Fees under paragraphs (2), (3),
and (4) of subsection (a) shall not apply with respect to any
person who is the named applicant or sponsor of an animal
drug application, supplemental animal drug application, or
investigational animal drug submission if such application or
submission involves the intentional genomic alteration of an
animal that is intended to produce a drug, device, or
biological product subject to fees under section 736, 738,
744B, or 744H.''.
(e) Crediting and Availability of Fees.--
(1) Authorization of appropriations.--Section 740(g)(3) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
12(g)(3)) is amended by striking ``2019 through 2023'' and
inserting ``2024 through 2028''.
(2) Collection shortfalls.--Section 740(g) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12(g)) is
amended--
(A) in paragraph (3), by striking ``and paragraph (5)'';
and
(B) by striking paragraph (5).
SEC. 2304. REAUTHORIZATION; REPORTING REQUIREMENTS.
Section 740A of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-13) is amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) by striking ``2019'' each place it appears in
subsections (a) and (b) and inserting ``2024''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``2023'' and inserting
``2028''; and
(B) in paragraph (5), by striking ``2023'' and inserting
``2028''.
SEC. 2305. SAVINGS CLAUSE.
Notwithstanding the amendments made by this chapter, part 4
of subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-11 et seq.), as in effect on the
day before the date of enactment of this chapter, shall
continue to be in effect with respect to animal drug
applications and supplemental animal drug applications (as
defined in such part as of such day) that on or after October
1, 2018, but before October 1, 2023, were accepted by the
Food and Drug Administration for filing with respect to
assessing and collecting any fee required by such part for a
fiscal year prior to fiscal year 2024.
SEC. 2306. EFFECTIVE DATE.
The amendments made by this chapter shall take effect on
October 1, 2023, or the date of the enactment of this Act,
whichever is later, except that fees under part 4 of
subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-11 et seq.), as amended by this
chapter, shall be assessed for animal drug applications and
supplemental animal drug applications received on or after
October 1, 2023, regardless of the date of the enactment of
this Act.
SEC. 2307. SUNSET DATES.
(a) Authorization.--Sections 739 and 740 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 21 U.S.C. 379j-11;
379j-12) shall cease to be effective October 1, 2028.
(b) Reporting Requirements.--Section 740A of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-13) shall cease
to be effective January 31, 2029.
(c) Previous Sunset Provision.--Effective October 1, 2023,
subsections (a) and (b) of section 107 of the Animal Drug
User Fee Amendments of 2018 (Public Law 115-234) are
repealed.
[[Page S4774]]
CHAPTER 2--FEES RELATING TO GENERIC ANIMAL DRUGS
SEC. 2311. SHORT TITLE; FINDING.
(a) Short Title.--This chapter may be cited as the ``Animal
Generic Drug User Fee Amendments of 2023''.
(b) Finding.--Congress finds that the fees authorized by
the amendments made in this chapter will be dedicated toward
expediting the generic new animal drug development process
and the review of abbreviated applications for generic new
animal drugs, supplemental abbreviated applications for
generic new animal drugs, and investigational submissions for
generic new animal drugs as set forth in the goals identified
for purposes of part 5 of subchapter C of chapter VII of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21 et
seq.), in the letters from the Secretary of Health and Human
Services to the Chairman of the Committee on Energy and
Commerce of the House of Representatives and the Chairman of
the Committee on Health, Education, Labor, and Pensions of
the Senate as set forth in the Congressional Record.
SEC. 2312. AUTHORITY TO ASSESS AND USE GENERIC NEW ANIMAL
DRUG FEES.
(a) Generic Investigational New Animal Drug File Fee.--
Section 741(a) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-21(a)) is amended by adding at the end the
following:
``(4) Generic investigational new animal drug file fee.--
``(A) In general.--
``(i) New file request.--Each person that submits a request
to establish a generic investigational new animal drug file
on or after October 1, 2023, shall be assessed a fee as
established under subsection (c).
``(ii) New submission to established file.--Each person
that makes a submission to a generic investigational new
animal drug file on or after October 1, 2023, where such file
was established prior to October 1, 2023, shall be assessed a
fee for the first submission on or after October 1, 2023, as
established under subsection (c).
``(B) Payment.--
``(i) New file request.--The fee required by subparagraph
(A)(i) shall be due upon submission of the request to
establish the generic investigational new animal drug file.
``(ii) New submission to established file.--The fee
required by subparagraph (A)(ii) shall be due upon the first
submission to the generic investigational new animal drug
file.
``(C) Exceptions.--
``(i) Terminating an existing generic investigational new
animal drug file.--If a person makes a submission to the
generic investigational new animal drug file to terminate
that file, the person shall not be subject to a fee under
subparagraph (A)(ii) for that submission.
``(ii) Transferring an existing generic investigational new
animal drug file.--If a person makes a submission to the
generic investigational new animal drug file to transfer that
file to a different generic new animal drug sponsor, the
person shall not be subject to a fee under subparagraph
(A)(ii) for that submission.''.
(b) Fee Revenue Amounts.--Section 741(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``2019 through 2023'' and inserting ``2024
through 2028''; and
(B) by striking ``$18,336,340'' and inserting
``$25,000,000''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``25 percent'' and inserting ``20
percent''; and
(ii) by inserting before the semicolon at the end the
following: ``and fees under subsection (a)(4) (relating to
generic investigational new animal drug files)'';
(B) in subparagraph (B), by striking ``37.5 percent'' and
inserting ``40 percent''; and
(C) in subparagraph (C), by striking ``37.5 percent'' and
inserting ``40 percent''.
(c) Annual Fee Setting; Adjustments.--
(1) Annual fee setting.-- Section 741(c)(1) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(c)(1)) is
amended to read as follows:
``(1) Annual fee setting.--The Secretary shall establish,
not later than 60 days before the start of each fiscal year
beginning after September 30, 2023, for that fiscal year--
``(A) abbreviated application fees that are based on the
revenue amounts established under subsection (b), the
adjustments provided under this subsection, and the amount of
fees anticipated to be collected under subsection (a)(4)
during that fiscal year;
``(B) generic new animal drug sponsor fees, and generic new
animal drug product fees, based on the revenue amounts
established under subsection (b) and the adjustments provided
under this subsection; and
``(C) a generic investigational new animal drug file fee of
$50,000 for each request or submission described in
subsection (a)(4)(A).''.
(2) Inflation adjustment.--Section 741(c)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(c)(2)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``2020'' and inserting ``2025''; and
(ii) in clause (iii), by striking ``Baltimore'' and
inserting ``Arlington-Alexandria''; and
(B) in subparagraph (B), by striking ``2020'' and inserting
``2025''.
(3) Workload adjustment.--Section 741(c)(3) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``2020'' and inserting ``2025'';
(ii) in clause (i)--
(I) by striking ``and investigational generic new animal
drug protocol submissions'' and inserting ``investigational
generic new animal drug protocol submissions, requests to
establish a generic investigational new animal drug file, and
generic investigational new animal drug meeting requests'';
and
(II) by striking ``; and'' and inserting a semicolon;
(iii) by redesignating clause (ii) as clause (iii); and
(iv) by inserting after clause (i) the following:
``(ii) if the workload adjustment calculated by the
Secretary under clause (i) exceeds 25 percent, the Secretary
shall use 25 percent for the adjustment; and''; and
(B) in subparagraph (B), by striking ``2021 through 2023''
and inserting ``2026 through 2028''.
(4) Final year adjustment.--Section 741(c)(4) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
21(c)(4)) is amended--
(A) by striking ``2023'' each place it appears and
inserting ``2028''; and
(B) by striking ``2024'' and inserting ``2029''.
(d) Fee Waiver or Reduction; Exemption From Fees.--
Subsection (d) of section 741 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-21) is amended to read as
follows:
``(d) Fee Waiver or Reduction.--The Secretary shall grant a
waiver from, or a reduction of, one or more fees assessed
under subsection (a) where the Secretary finds that the
generic new animal drug is intended solely to provide for a
minor use or minor species indication.''.
(e) Effect of Failure To Pay Fees.--Section 741(e) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(e))
is amended by striking ``The Secretary may discontinue'' and
inserting ``A request to establish a generic investigational
new animal drug file that is submitted by a person subject to
fees under subsection (a) shall be considered incomplete and
shall not be accepted for action by the Secretary until all
fees owed by such person have been paid. The Secretary may
discontinue''.
(f) Assessment of Fees.--Section 741(f)(2) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-21(f)(2)) is
amended by striking ``sponsors, and generic new animal drug
products at any time'' and inserting ``products, generic new
animal drug sponsors, and generic investigational new animal
drug files at any time''.
(g) Crediting and Availability of Fees.--Section 741(g) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-
21(g)) is amended--
(1) in paragraph (3), by striking ``2019 through 2023'' and
inserting ``2024 through 2028'';
(2) by striking the second paragraph (4) (relating to
Offset), as added by section 202 of the Animal Generic Drug
User Fee Amendments of 2013 (Public Law 113-14); and
(3) by adding at the end the following:
``(5) Recovery of collection shortfalls.--The amount of
fees otherwise authorized to be collected under this section
shall be increased--
``(A) for fiscal year 2026, by the amount, if any, by which
the amount collected under this section and appropriated for
fiscal year 2024 falls below the amount of fees authorized
for fiscal year 2024 under paragraph (3);
``(B) for fiscal year 2027, by the amount, if any, by which
the amount collected under this section and appropriated for
fiscal year 2025 falls below the amount of fees authorized
for fiscal year 2025 under paragraph (3); and
``(C) for fiscal year 2028, by the amount, if any, by which
the amount collected under this section and appropriated for
fiscal years 2026 and 2027 (including estimated collections
for fiscal year 2027) falls below the amount of fees
authorized for such fiscal years under paragraph (3).''.
(h) Definitions.--Section 741(k) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-21(k)) is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (13), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Generic investigational new animal drug meeting
request.--The term `generic investigational new animal drug
meeting request' means a request submitted by a generic new
animal drug sponsor to meet with the Secretary to discuss an
investigational submission for a generic new animal drug.'';
(3) in paragraph (11) (as so redesignated), by adding at
the end the following:
``(I) The activities necessary for exploration and
implementation of the United States and European Union Mutual
Recognition Agreement for Pharmaceutical Good Manufacturing
Practice Inspections, and the United States and United
Kingdom Mutual Recognition Agreement Sectoral Annex for
Pharmaceutical Good Manufacturing Practices, and other mutual
recognition agreements, with respect to generic new animal
drug products subject to review, including implementation
activities prior to and following product approval.''; and
(4) by inserting after paragraph (11) (as so redesignated)
the following:
[[Page S4775]]
``(12) Request to establish a generic investigational new
animal drug file.--The term `request to establish a generic
investigational new animal drug file' means the submission to
the Secretary of a request to establish a generic
investigational new animal drug file to contain
investigational submissions for a generic new animal drug.''.
SEC. 2313. REAUTHORIZATION; REPORTING REQUIREMENTS.
Section 742 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 379j-22) is amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) by striking ``2019'' each place it appears in
subsections (a) and (b) and inserting ``2024''; and
(3) in subsection (d), by striking ``2023'' each place it
appears and inserting ``2028''.
SEC. 2314. SAVINGS CLAUSE.
Notwithstanding the amendments made by this chapter, part 5
of subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-21 et seq.), as in effect on the
day before the date of enactment of this chapter, shall
continue to be in effect with respect to abbreviated
applications for a generic new animal drug and supplemental
abbreviated applications for a generic new animal drug (as
defined in such part as of such day) that on or after October
1, 2018, but before October 1, 2023, were accepted by the
Food and Drug Administration for filing with respect to
assessing and collecting any fee required by such part for a
fiscal year prior to fiscal year 2024.
SEC. 2315. EFFECTIVE DATE.
The amendments made by this chapter shall take effect on
October 1, 2023, or the date of the enactment of this Act,
whichever is later, except that fees under part 5 of
subchapter C of chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379j-21 et seq.), as amended by this
chapter, shall be assessed for abbreviated applications for a
generic new animal drug and supplemental abbreviated
applications for a generic new animal drug received on or
after October 1, 2023, regardless of the date of enactment of
this Act.
SEC. 2316. SUNSET DATES.
(a) Authorization.--Section 741 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379j-21) shall cease to be
effective October 1, 2028.
(b) Reporting Requirements.--Section 742 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379j-22) shall cease
to be effective January 31, 2029.
(c) Previous Sunset Provision.--Effective October 1, 2023,
subsections (a) and (b) of section 206 of the Animal Generic
Drug User Fee Amendments of 2018 (Public Law 115-234) are
repealed.
Subtitle B--Public Health Extenders
SEC. 2321. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL
HEALTH SERVICE CORPS, AND TEACHING HEALTH
CENTERS THAT OPERATE GME PROGRAMS.
(a) Teaching Health Centers That Operate Graduate Medical
Education Programs.--Section 340H(g) of the Public Health
Service Act (42 U.S.C. 256h(g)) is amended--
(1) by striking ``and $126,500,000'' and inserting
``$126,500,000''; and
(2) by inserting ``and $16,635,616 for the period beginning
on October 1, 2023, and ending on November 17, 2023,'' before
``to remain available''.
(b) Extension for Community Health Centers.--Section
10503(b)(1)(F) of the Patient Protection and Affordable Care
Act (42 U.S.C. 254b-2(b)(1)(F)) is amended--
(1) by striking ``and $4,000,000,000'' and inserting ``,
$4,000,000,000''; and
(2) by inserting ``, and $526,027,397 for the period
beginning on October 1, 2023, and ending on November 17,
2023'' before the semicolon.
(c) Extension for the National Health Service Corps.--
Section 10503(b)(2) of the Patient Protection and Affordable
Care Act (42 U.S.C. 254b-2(b)(2)) is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(I) $40,767,123 for the period beginning on October 1,
2023, and ending on November 17, 2023.''.
(d) Application of Provisions.--Amounts appropriated
pursuant to the amendments made by this section shall be
subject to the requirements contained in Public Law 117-328
for funds for programs authorized under sections 330 through
340 of the Public Health Service Act (42 U.S.C. 254b et
seq.).
(e) Technical and Conforming Amendment.--Section 3014(h)(4)
of title 18, United States Code, is amended--
(1) by striking ``Other Extensions Act,,'' and inserting
``Other Extensions Act,''; and
(2) by striking ``and section 301(d) of division BB of the
Consolidated Appropriations Act, 2021.'' and inserting
``section 301(d) of division BB of the Consolidated
Appropriations Act, 2021, and section 2321(d) of the
Continuing Appropriations Act, 2024 and Other Extensions
Act''.
SEC. 2322. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I
Diabetes.--Section 330B(b)(2) of the Public Health Service
Act (42 U.S.C. 254c-2(b)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) $19,726,027 for the period beginning on October 1,
2023, and ending on November 17, 2023, to remain available
until expended.''.
(b) Extending Funding for Special Diabetes Programs for
Indians.--Section 330C(c)(2) of the Public Health Service Act
(42 U.S.C. 254c-3(c)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) $19,726,027 for the period beginning on October 1,
2023, and ending on November 17, 2023, to remain available
until expended.''.
Subtitle C--Necessary Authorities To Respond to Threats
SEC. 2331. EXTENSION OF AUTHORITY TO MAKE CERTAIN
APPOINTMENTS OF NATIONAL DISASTER MEDICAL
SYSTEM PERSONNEL.
Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``September
30, 2023'' and inserting ``November 17, 2023''.
SEC. 2332. TEMPORARY REASSIGNMENT OF STATE AND LOCAL
PERSONNEL DURING A PUBLIC HEALTH EMERGENCY.
Section 319(e)(8) of the Public Health Service Act (42
U.S.C. 247d(e)(8)) is amended by striking ``September 30,
2023'' and inserting ``November 17, 2023''.
SEC. 2333. EXTENSION OF NATIONAL ADVISORY COMMITTEES.
(a) National Advisory Committee on Children and
Disasters.--Section 2811A(g) of the Public Health Service Act
(42 U.S.C. 300hh-10b(g)) is amended by striking ``September
30, 2023'' and inserting ``November 17, 2023''.
(b) National Advisory Committee on Seniors and Disasters.--
Section 2811B(g)(1) of the Public Health Service Act (42
U.S.C. 300hh-10c(g)(1)) is amended by striking ``September
30, 2023'' and inserting ``November 17, 2023''.
(c) National Advisory Committee on Individuals With
Disabilities and Disasters.--Section 2811C(g)(1) of the
Public Health Service Act (42 U.S.C. 300hh-10d(g)(1)) is
amended by striking ``September 30, 2023'' and inserting
``November 17, 2023''.
Subtitle D--Medicaid
SEC. 2341. DSH DELAY.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r-4(f)(7)(A)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by striking
``For each of fiscal years 2024 through 2027'' and inserting
``For the period beginning November 18, 2023, and ending
September 30, 2024, and for each of fiscal years 2025 through
2027''; and
(B) in subclauses (I) and (II), by inserting ``or period''
after ``the fiscal year'' each place it appears; and
(2) in clause (ii), by striking ``for each of fiscal years
2024 through 2027'' and inserting ``for the period beginning
November 18, 2023, and ending September 30, 2024, and for
each of fiscal years 2025 through 2027.''.
SEC. 2342. MIF REDUCTION.
Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C.
1396w-1(b)(3)(A)) is amended by striking ``$7,000,000,000''
and inserting ``$6,357,117,810''.
Subtitle E--Human Services
SEC. 2351. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
Activities authorized by part B of title IV of the Social
Security Act shall continue through November 17, 2023, in the
manner authorized for fiscal year 2023, and out of any money
in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may
be necessary for such purpose.
SEC. 2352. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``and for the period beginning on October
1, 2023, and ending on November 17, 2023'' after ``2023'';
and
(II) by inserting ``(or, with respect to such period, for
fiscal year 2024)'' after ``for the fiscal year''; and
(ii) in subparagraph (A), by inserting ``or period'' after
``fiscal year'' each place it appears; and
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and with respect to
fiscal year 2024, for the period described in paragraph (1)''
after ``2023''; and
(ii) in subparagraph (B)(i), by inserting ``(or, with
respect to fiscal year 2024, for the period described in
paragraph (1))'' after ``for the fiscal year''; and
(2) in subsection (f)--
(A) in paragraph (1), by inserting ``, and for the period
beginning on October 1, 2023, and ending on November 17,
2023, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2023'' after ``2023''; and
(B) in paragraph (2), by inserting ``and for the period
described in paragraph (1),'' after ``2023,''.
SEC. 2353. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
[[Page S4776]]
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by inserting ``and
for the period beginning on October 1, 2023, and ending on
November 17, 2023'' after ``2023''; and
(II) in clause (i), by inserting ``or period'' after ``for
the fiscal year'';
(ii) in subparagraph (B)(i), by inserting the following
after the period: ``The previous sentence shall not apply
with respect to State allotments under this paragraph for the
period beginning on October 1, 2023, and ending on November
17, 2023.''; and
(iii) in subparagraph (C)(i)--
(I) by inserting ``or the period described in subparagraph
(A)'' after ``for a fiscal year''; and
(II) by inserting ``or period'' after ``the fiscal year'';
(B) in paragraph (3)--
(i) by inserting ``or the period described in paragraph
(1)(A)'' after ``for a fiscal year''; and
(ii) by inserting ``or period'' after ``such fiscal year'';
and
(C) in paragraph (4)--
(i) by inserting ``and for the period described in
paragraph (1)(A)'' after ``fiscal years 2010 through 2023'';
(ii) by inserting ``and for the period so described'' after
``fiscal years 2012 through 2023''; and
(iii) by inserting ``or the period so described'' after
``for a fiscal year'';
(2) in subsection (c)--
(A) in each of paragraphs (1) and (2), by striking ``From''
and inserting ``Subject to paragraph (3), from''; and
(B) by adding at the end the following:
``(3) Exception.--Paragraphs (1) and (2) shall not apply
with respect to any amount appropriated under subsection (f)
for the period described in subsection (a)(1)(A).''; and
(3) in subsection (f), by inserting ``, and for the period
beginning on October 1, 2023, and ending on November 17,
2023, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2023'' after ``2023''.
TITLE IV--BUDGETARY EFFECTS
SEC. 2401. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
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