[Congressional Record Volume 170, Number 39 (Tuesday, March 5, 2024)]
[Senate]
[Pages S1223-S2208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPLANATORY STATEMENT SUBMITTED BY MRS. MURRAY, CHAIR OF THE SENATE
COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 4366, CONSOLIDATED
APPROPRIATIONS ACT, 2024
The following is an explanation of the Consolidated
Appropriations Act, 2024.
This Act includes 6 regular appropriations bills for fiscal
year 2024. The divisions contained in the Act are as follows:
Division A--Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2024
Division B--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2024
Division C--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2024
Division D--Energy and Water Development and
Related Agencies Appropriations Act, 2024
Division E--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2024
Division F--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2024
Division G--Other Matters
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act states that this explanatory statement
shall have the same effect with respect to the allocation of
funds and implementation of this legislation as if it were a
joint explanatory statement of a committee of conference.
Section 5 of the Act provides a statement of
appropriations.
Section 6 of the Act states that each amount designated by
Congress as being for an emergency requirement is contingent
on the President so designating all such emergency amounts
and transmitting such designations to Congress.
DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 118-
122 and Senate Report 118-43 carries the same weight as
language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly
provided herein.
In cases where House Report 118-122, Senate Report 118-43
or this explanatory statement directs the submission of a
report, that report is to be submitted to the Committees on
Appropriations of the House of Representatives and the
Senate. Where this explanatory statement refers to the
Committees or the Committees on Appropriations, unless
otherwise noted, this reference is to the House of
Representatives Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies and the Senate
Subcommittee on Military Construction, Veterans Affairs, and
Related Agencies.
TITLE I
DEPARTMENT OF DEFENSE
Military Construction Overview
Reprogramming Guidelines.--The following reprogramming
guidelines apply for all military construction and family
housing projects. A project or account (including the sub-
elements of an account) which has been specifically reduced
by the Congress in acting on the budget request is considered
to be a congressional interest item and as such, prior
approval is required. Accordingly, no reprogrammings to an
item specifically reduced below the threshold by the Congress
are permitted.
[[Page S1224]]
The reprogramming criteria that apply to military
construction projects, as well as new housing construction
projects and improvements, is $6,000,000 or 25 percent of the
funded amount, whichever is less. To provide the Services the
flexibility to proceed with construction contracts without
disruption or delay, the costs associated with environmental
hazard remediation such as asbestos removal, radon abatement,
lead-based paint removal or abatement, and any other
legislated environmental hazard remediation may be excluded,
provided that such remediation requirements could not be
reasonably anticipated at the time of the budget submission.
This exclusion applies to projects authorized in this budget
year, as well as projects authorized in prior years for which
construction has not been completed.
Furthermore, in instances where prior approval of a
reprogramming request for a project or account has been
received from the Committees, the adjusted amount approved
becomes the new base for any future increase or decrease via
below-threshold reprogrammings (provided that the project or
account is not a congressional interest item as defined
above).
In addition to these guidelines, the Services are directed
to adhere to the guidance for military construction
reprogramming actions and notifications, including the
pertinent statutory authorities contained in Department of
Defense (DOD) Financial Management Regulation 7000.14-R and
relevant updates and policy memoranda.
Facilities Sustainment, Restoration and Modernization
(FSRM).--The Department of Defense is directed to continue
describing on form 1390 the backlog of FSRM requirements at
installations with future construction projects. For troop
housing requests, form 1391 should describe any FSRM
conducted in the past two years. Likewise, future
requirements for unaccompanied housing at the corresponding
installation should be included. Additionally, the forms
should include English equivalent measurements for projects
presented in metric measurement. Rules for funding repairs of
facilities under the Operation and Maintenance accounts are
described below:
(1) components of the facility may be repaired by
replacement. Such replacement can be up to current standards
or codes;
(2) interior arrangements and restorations may be included
as repair;
(3) additions and new facilities may be done concurrently
with repair projects, as long as the final conjunctively
funded project is a complete and usable facility; and
(4) the appropriate Service Secretary shall notify the
appropriate committees prior to carrying out any repair
project with an estimated cost in excess of $7,500,000.
This language replaces the language under the heading
``FSRM'' in House Report 118-122 and the language under the
heading ``Real Property Maintenance'' in Senate Report 118-
43.
Military Construction Funding.--The agreement includes
$18,675,000,000, which is $2,000,056,000 above the budget
request, in a continued effort to support current and future
force readiness through critical infrastructure investments.
This funds unfunded requirements and addresses other
priorities that have been historically neglected in budget
requests, such as resiliency and quality of life projects.
While Congress continues to provide funding above the budget
request for military construction, the Committees again
encourage the Department to adequately resource these
accounts.
Strategic Construction in the Indo-Pacific Region.--Since
fiscal year 2020 the Committees have provided more than
$128,000,000 above the budget request to assist Indo-Pacific
Command (INDOPACOM) in developing and executing military
construction projects that enhance U.S. posture and
partnerships in the region. The Committees are encouraged by
the Department's proposed INDOPACOM construction investments
and continue to fund additive efforts to effectively and
efficiently address infrastructure requirements. The
agreement provides $69,000,000 in planning and design and
$62,000,000 in unspecified minor construction as identified
on INDOPACOM's unfunded priorities list. Lastly, the
Committees note that the additional unspecified minor
construction funds provided are not limited to the Exercise
Related Construction program but are available for any
unspecified minor construction undertaken by INDOPACOM.
Military Installation Resilience.--Since fiscal year 2020
the Committees have provided dedicated planning and design
and unspecified minor construction funding to support
installation resilience. The primary intent of this funding
has been to develop and carry out projects that mitigate
climate change risks to military installations. The
Committees believe that such investments are critical to
installation readiness and therefore provide $30,000,000 for
planning and design and unspecified minor construction in
section 128 to continue to develop projects, conduct studies
and analyses, and update Unified Facility Criteria that will
directly enhance military installation resilience.
Child Development Centers (CDCs).--The Committees continue
to recognize the importance of access to childcare in
improving both readiness and quality of life for service
members and their families. The agreement includes
$336,320,000 for CDCs, which provides $276,820,000 for
construction of six new CDCs and $59,500,000 in planning and
design funding to help develop future construction projects.
The Committees encourage the Services to continue to focus on
improving and replacing aging facilities, especially at
underserved installations.
Laboratory Infrastructure.--The Committees are concerned
that aging laboratory infrastructure threatens the ability of
Services to maintain the advanced technology necessary to
keep ahead of U.S. adversaries across all domains.
Accordingly, the agreement includes an additional $30,000,000
in section 129 for planning and design and unspecified minor
construction for laboratory infrastructure projects.
Condition of DOD Barracks.--The Committees recognize
ensuring the quality of DOD unaccompanied housing as a
priority and provide resources throughout this bill for the
planning and design and construction of barracks totaling
$662,375,000. In addition, the Committees are concerned about
the findings identified in the Government Accountability
Office (GAO) report entitled, ``Military Barracks: Poor
Living Conditions Undermine Quality of Life and Readiness''
(GAO-23-105797), and urge DOD to expeditiously address the
recommendations. The Committees believe that changes to DOD
policies and practices, such as establishing consistent
habitability standards, and consistently identifying and
addressing health and safety issues across the Services are
necessary to ensure quality unaccompanied housing for
servicemembers. As such, the agreement directs a report from
each of the Services on how they are addressing GAO's
recommendations, including a timeline for implementation, and
how they are making systemic changes to the quality of
barracks not later than 90 days after enactment of this Act.
Demolition of Excess Infrastructure.--The agreement
includes $45,000,000 for unspecified minor military
construction for demolition to address excess and obsolete
infrastructure found on installations. While the Committees
understand the need to balance demolition with other
infrastructure needs, excess infrastructure can be costly to
maintain and diverts resources away from current
requirements.
Incremental Funding.--The Committees recognize that
providing full funding for military construction projects if
they are executable is ideal. However, it continues to be the
practice of the Committees to provide incremental funding for
certain large projects to enable the Services to more
efficiently allocate military construction dollars among
projects that can be executed in the year of appropriation.
Therefore, the agreement includes eleven projects that have
been incrementally funded.
Military Construction Funding Initiatives.--The agreement
includes funding to address important unfunded priorities and
cost to completes included in DOD's unfunded priority lists
provided to Congress. This includes an additional $8,214,000
for the Army, $182,150,000 for the Navy and Marine Corps,
$166,300,000 for the Air Force, $62,400,000 for Defense-Wide,
$66,815,000 for the Army National Guard, $5,200,000 for the
Air National Guard, and $23,000,000 for the Army Reserve.
Military Construction, Army
The agreement provides $2,022,775,000 for ``Military
Construction, Army'', which is $552,220,000 above the budget
request. Within this amount, the agreement includes
$398,145,000 for study, planning, design, architecture, and
engineering services, and host nation support. Within the
total for Military Construction, Army, $522,220,000 is for
the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AL Anniston Army Depot............. Access Control Point: Planning $5,500,000
and Design.
AL Anniston Army Depot............. Component Rebuild Shop: Planning 8,100,000
and Design.
AL Anniston Army Depot............. Vehicle Paint Shop: Planning and 2,900,000
Design.
AL Fort Novosel (Fort Rucker)...... Adv Individual Training Barracks 41,200,000
Complex: Cost to Complete.
AL Fort Novosel (Fort Rucker)...... Aircraft Parts Storage Facility: 4,950,000
Unspecified Minor Construction.
AL Fort Novosel (Fort Rucker)...... Army Radar Approach Control 7,000,000
Facility: Unspecified Minor
Construction.
AL Fort Novosel (Fort Rucker)...... Hazardous Material Storage 3,850,000
Building: Unspecified Minor
Construction.
AL Fort Novosel (Fort Rucker)...... Ready Building--MEDEVAC: 6,100,000
Unspecified Minor Construction.
AL Fort Novosel (Fort Rucker)...... Vehicle Maintenance Storage 5,100,000
Facility: Unspecified Minor
Construction.
AL Redstone Arsenal................ Access Control Building: 4,000,000
Unspecified Minor Construction.
AL Redstone Arsenal................ Airfield Fire and Rescue 5,600,000
Station: Unspecified Minor
Construction.
AL Redstone Arsenal................ Airport Runway Extension 5,500,000
(Overruns): Unspecified Minor
Construction.
AL Redstone Arsenal................ Natural Gas Expansion and Meter 4,800,000
Station: Unspecified Minor
Construction.
AL Redstone Arsenal................ Test Area 7 Relocation: 5,400,000
Unspecified Minor Construction.
AK Fort Wainwright................. Soldier Performance Readiness 7,900,000
Center: Planning and Design.
GA Fort Moore (Fort Benning)....... Camp Merrill AST Barracks: 1,320,000
Planning and Design.
GA Fort Stewart/Hunter Army Combat Aviation Brigade GSAB 6,400,000
Airfield. Hangar: Planning and Design.
[[Page S1225]]
GA Fort Stewart/Hunter Army Military Intelligence Battalion 2,220,000
Airfield. Hangar: Planning and Design.
HI Fort Shafter.................... Clearwell and Booster Pump...... 23,000,000
HI Helemano Military Reservation... Well and Storage Tanks.......... 33,000,000
HI Schofield Barracks.............. Elevated Tank and Distribution 16,000,000
Line.
HI Schofield Barracks.............. Water Storage Tank.............. 21,000,000
HI Wheeler Army Airfield........... Air Traffic Control Tower: 5,400,000
Planning and Design.
KS Fort Riley...................... Air Traffic Control Tower: 1,600,000
Planning and Design.
KS Fort Riley...................... Automated Infantry Platoon 8,700,000
Battle Course: Unspecified
Minor Construction.
KS Fort Riley...................... Bob Dole Intermodal Railyard 1,110,000
Improvements: Planning and
Design.
LA Fort Johnson (Fort Polk)........ Multipurpose Athletic Field..... 13,400,000
MI Detroit Arsenal................. Manned/Unmanned Tactical Vehicle 2,400,000
Lab: Planning and Design.
NM White Sands Missile Range....... El Paso Gate Access Control 3,600,000
Point: Unspecified Minor
Construction.
NM White Sands Missile Range....... Guided Missile Building 5,600,000
Expansion: Unspecified Minor
Construction.
NM White Sands Missile Range....... High Energy Laser Systems Test 4,450,000
Facility Fire Station:
Unspecified Minor Construction.
NM White Sands Missile Range....... J-DETC Directed Energy Facility: 3,060,000
Planning and Design.
NM White Sands Missile Range....... Main Post Fire Station: 8,200,000
Unspecified Minor Construction.
NC Fort Liberty (Fort Bragg)....... Aircraft Maintenance Hangar..... 61,000,000
NC Fort Liberty (Fort Bragg)....... Child Development Center........ 36,000,000
PA Letterkenny Army Depot.......... Component Rebuild Shop, Depot 2,500,000
Level: Unspecified Minor
Construction.
SC Fort Jackson.................... Reception Barracks Complex, Ph2: 101,000,000
Cost to Complete.
TX Fort Bliss...................... Collective Training Barracks: 7,200,000
Planning and Design.
TX Fort Cavazos (Fort Hood)........ Barracks: Planning and Design... 19,800,000
WA Joint Base Lewis-McChord........ Barracks: Planning and Design... 7,900,000
WA Joint Base Lewis-McChord........ Vehicle Maintenance Shop: 7,500,000
Planning and Design.
WA Yakima Training Center.......... Automated Infantry Platoon 960,000
Battle Course: Planning and
Design.
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy and Marine Corps
The agreement provides $5,531,369,000 for ``Military
Construction, Navy and Marine Corps'', which is $490,818,000
below the budget request. Within this amount, the agreement
includes $711,505,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Navy and Marine Corps, $335,563,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AZ Marine Corps Air Station Yuma... Water Treatment Plant: Planning $8,900,000
and Design.
CA Marine Corps Base Camp Pendleton Fire/Emergency Response Station 2,683,000
(53 Area) Replacement: Planning
and Design.
CA Naval Base Coronado............. Child Development Center: 6,200,000
Planning and Design.
CA Naval Base San Diego............ Child Development Center: 5,600,000
Planning and Design.
FL Naval Air Station Whiting Field. Advanced Helicopter Training 50,000,000
System Hangar.
HI Joint Base Pearl Harbor-Hickam.. Dry Dock 3 Replacement.......... 90,000,000
HI Joint Base Pearl Harbor-Hickam.. Waterfront Production Facility: 49,080,000
Planning and Design.
HI Marine Corps Base Hawaii........ Water Reclamation Facility 109,000,000
Compliance Upgrade.
MD Naval Support Activity Bethesda. Construct Joint Navy/DHA Fire 3,000,000
Station: Planning and Design.
WA Naval Air Station Whidbey Island E A-18G Aircraft Regional 11,100,000
Service Facility: Planning and
Design.
----------------------------------------------------------------------------------------------------------------
Joint Base Pearl Harbor-Hickam Infrastructure
Investments.--Reflecting concerns noted in House Report 118-
122, the agreement directs the Assistant Secretary of the
Navy for Energy, Installations, and Environment, in
consultation with the Assistant Secretary of the Air Force
for Energy, Installations, and Environment to submit the
report requested in House Report 118-122.
Shipyard Infrastructure Optimization Plan (SIOP).--The
Committees continue to recognize the importance of SIOP and
the need to adequately resource investments in dry docks and
shore infrastructure as well as the development of future
projects. Therefore, in addition to fully funding the budget
request of $2,285,000,000, the agreement further provides
$164,080,000 above the request to advance design efforts and
address additional construction costs.
The agreement reaffirms the Committees' belief that the
management and oversight of SIOP is key to the program's
success. As such, in lieu of the direction in House Report
118-122, the agreement directs the Comptroller General to
submit a report or reports, as necessary, on options for
improving the management and oversight of SIOP. The
Comptroller General should assess, at a minimum, the
following: (1) the Navy's acquisition strategy for procuring
services and managing projects for SIOP across the shipyards;
(2) the Navy's support to the public shipyards and local
shipyard construction agents; and (3) how the Navy's policies
and procedures for large facility improvements greater than
$500,000,000 compare to those of other Federal agencies. The
agreement further directs the Comptroller General to brief
the Committees on Appropriations of both Houses of Congress
on its preliminary findings not later than 180 days after
enactment of this Act, and to provide a full report on the
findings of each review to the Committees at a date agreed
upon at the preliminary briefing.
Military Construction, Air Force
The agreement provides $2,741,424,000 for ``Military
Construction, Air Force'', which is $136,110,000 above the
budget request. Within this amount, the agreement includes
$567,874,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Air Force, $193,610,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AL Maxwell Air Force Base.......... Construct Addition, Air Command $5,100,000
and Staff College (Bldg 1402):
Unspecified Minor Construction.
AL Maxwell Air Force Base.......... Replace (Construct) Gunter 8,800,000
Fitness Center: Unspecified
Minor Construction.
AK Eielson Air Force Base.......... Coal Thaw Shed Addition: 1,500,000
Planning and Design.
AK Eielson Air Force Base.......... Consolidated Munitions Complex: 15,100,000
Planning and Design.
AK Eielson Air Force Base.......... Cryogenics Facility: Unspecified 6,900,000
Minor Construction.
AK Eielson Air Force Base.......... Fire Station: Planning and 1,700,000
Design.
AK Eielson Air Force Base.......... Joint Mobility Center Expansion: 3,000,000
Planning and Design.
AK Eielson Air Force Base.......... Joint Pacific Alaska Range 13,500,000
Complex Ops Facility: Planning
and Design.
AK Eielson Air Force Base.......... Permanent Party Dorm: Planning 9,500,000
and Design.
AK Joint Base Elmendorf-Richardson. Combat Alert Cell: Planning and 18,100,000
Design.
AK Joint Base Elmendorf-Richardson. Precision Guided Munitions 6,100,000
Complex: Planning and Design.
AK Joint Base Elmendorf-Richardson. Sand Storage Facility: 8,800,000
Unspecified Minor Construction.
AZ Luke Air Force Base............. Child Development Center: 2,700,000
Planning and Design.
AZ Luke Air Force Base............. Gila Bend Consolidated Facility: 2,200,000
Planning and Design.
FL Eglin Air Force Base............ LRSO Hardware Software 14,600,000
Development & Test Facility.
LA Barksdale Air Force Base........ WGF Dormitory: Planning and 6,700,000
Design.
MS Columbus Air Force Base......... T-7A Egress Shop: Unspecified 4,600,000
Minor Construction.
MS Columbus Air Force Base......... T-7A Hush House Pad: Unspecified 4,850,000
Minor Construction.
MS Keesler Air Force Base.......... Air Traffic Control Tower: 1,960,000
Planning and Design.
NE Offutt Air Force Base........... 55 CES Maintenance/Warehouse: 3,500,000
Planning and Design.
NE Offutt Air Force Base........... Base Operations/Mobility Center: 3,000,000
Planning and Design.
NE Offutt Air Force Base........... Logistics Readiness Squadron 2,700,000
Transportation Facility:
Planning and Design.
NE Offutt Air Force Base........... Replace Vehicle Search Area, 7,000,000
STRATCOM Gate, B511:
Unspecified Minor
Construction....
NV Nellis Air Force Base........... Dormitory: Planning and Design.. 7,500,000
NM Cannon Air Force Base........... Satellite Fire Station: Planning 2,000,000
and Design.
OH Wright-Patterson Air Force Base. Acquisition Management Complex 18,000,000
Phase V: Planning and Design.
OK Tinker Air Force Base........... F-35 Aircraft Oxygen Shop: 5,800,000
Planning and Design.
OK Vance Air Force Base............ Undergraduate Pilot Training 8,400,000
Center: Planning and Design.
----------------------------------------------------------------------------------------------------------------
Ground Based Strategic Deterrent (GBSD) Infrastructure.--
The Committees support the Sentinel program and believe
effective planning and deliberate budgeting for military
construction are critical to the program's success, but are
concerned about potential cost growth and schedule delays.
The agreement includes $140,000,000, as requested, for
[[Page S1226]]
three projects to construct integrated command and training
centers, as well as a missile handling complex. Recognizing
the significant future investments needed and complex
military construction environment moving forward, the
Committees direct the Secretary of the Air Force to continue
providing quarterly briefings on the infrastructure needs
related to the Sentinel program.
U.S. Space Command.--The Committees recognize Section 2889
of the 2024 National Defense Authorization Act addresses the
selection of the location for the United States Space Command
Headquarters and restricts authorization for facilities
related to the Headquarters until June 30, 2024. The
Committees look forward to the completion of the reviews of
the site selection process being conducted by the Inspector
General of the Department of Defense and the Comptroller
General of the United States, and in addition to the report
on obligations and expenditures requested in House Report
118-122 and in Senate Report 118-43, the Department shall
report to the congressional defense committees on the
permanent location of the United States Space Command and a
plan to fully address all recommendations of the Inspector
General and Comptroller General.
Military Construction, Defense-Wide
(including transfer of funds)
The agreement provides $3,161,782,000 for ``Military
Construction, Defense-Wide'', which is $177,100,000 above the
budget request. Within this amount, the agreement includes
$347,545,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Defense-Wide, $36,100,000 is for the following
projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
DE Dover Air Force Base............ Blood Processing Center $30,600,000
Replacement.
GA Fort Moore (Fort Benning)....... Dexter Elementary School 500,000
Planning and Design.
NE Offutt Air Force Base........... DPAA Laboratory: Planning and 5,000,000
Design.
----------------------------------------------------------------------------------------------------------------
Energy Resilience and Conservation Investment Program
(ERCIP).--The agreement supports DOD's investments in energy
efficiency, resilience, renewable energy systems, and energy
security, and as such provides $634,250,000 for ERCIP.
Military Construction, Army National Guard
The agreement provides $620,647,000 for ``Military
Construction, Army National Guard'', which is $280,461,000
above the budget request. Within this amount, the agreement
includes $79,221,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Army National Guard, $270,461,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
CA Camp Roberts.................... Automated Multipurpose Machine $5,000,000
Gun Range: Cost to Complete.
FL Camp Blanding................... Automated Multipurpose Machine 11,000,000
Gun Range.
FL Camp Blanding................... Infantry Squad Battle Course: 840,000
Planning and Design.
FL Camp Blanding................... Training Aids Center: Planning 1,200,000
and Design.
IL Bloomington..................... National Guard Vehicle 5,250,000
Maintenance Shop: Cost to
Complete.
IL Chicago, Jones Armory........... General Jones National Guard 5,000,000
Readiness Center Alteration:
Planning and Design.
IL North Riverside................. Access Control Building: 3,400,000
Unspecified Minor Construction.
IL Peoria.......................... Readiness Center: Planning and 2,400,000
Design.
KS Topeka.......................... National Guard/Reserve Center 5,856,000
Building: Cost to Complete.
ME Saco............................ National Guard Vehicle 7,420,000
Maintenance Shop: Cost to
Complete.
MN Camp Ripley..................... Access Control Facility: 1,530,000
Planning and Design.
MS Meridian........................ Army Aviation Support Facility 2,160,000
3: Planning and Design.
MS Southaven....................... National Guard Readiness Center. 22,000,000
NE Mead Training Site.............. Unaccompanied Housing: Planning 1,440,000
and Design.
NV Floyd Edsall Training Center.... Combined Support Maintenance 2,700,000
Shop: Planning and Design.
NV Floyd Edsall Training Center.... General Instruction Facility: 5,490,000
Planning and Design.
NV Harry Reid Training Center...... Ready Building: Planning and 590,000
Design.
NH Center Strafford................ Physical Fitness Center: 9,000,000
Unspecified Minor Construction.
NH Pembroke........................ Vehicle Storage Building: 5,000,000
Unspecified Minor Construction.
NJ Newark.......................... National Guard Readiness Center: 1,900,000
Planning and Design.
NM De Bremond Training Site........ Soldier Performance, ACFT 4,300,000
Support Building: Unspecified
Minor Construction.
NY Lexington Armory................ National Guard Readiness Center 90,000,000
Addition/Alteration.
OK Shawnee......................... National Guard Readiness Center: 1,800,000
Planning and Design.
PA Fort Indiantown Gap............. Automated Multipurpose Machine 1,550,000
Gun Range: Planning and Design.
PA Moon Township................... Combined Support Maintenance 3,100,000
Shop: Cost to Complete.
PA New Castle...................... Vehicle Maintenance Shop 4,650,000
Addition: Unspecified Minor
Construction.
RI North Kingstown................. National Guard Readiness Center. 30,000,000
SC Joint Base Charleston........... National Guard Readiness Center: 6,500,000
Cost to Complete.
TX Fort Cavazos (Fort Hood)........ General Purpose Instruction 2,685,000
Building: Planning and Design.
VT Ethan Allen Firing Range........ National Guard Readiness Center 4,750,000
Add/Alt: Unspecified Minor
Construction.
WA Camp Murray..................... National Guard/Reserve Center: 3,600,000
Planning and Design.
WV Bluefield....................... National Guard Readiness Center: 1,950,000
Planning and Design.
WV Camp Dawson-Kingwood............ Covered Training Area: 8,300,000
Unspecified Minor Construction.
WV Charleston...................... National Guard Readiness Center: 4,800,000
Planning and Design.
WV Parkersburg..................... National Guard Readiness Center: 3,300,000
Planning and Design.
----------------------------------------------------------------------------------------------------------------
Military Construction, Air National Guard
The agreement provides $295,526,000 for ``Military
Construction, Air National Guard'', which is $116,804,000
above the budget request. Within this amount, the agreement
includes $68,454,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Air National Guard, $123,804,000 is
for the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AK Eielson Air Force Base.......... AMC Standard Dual Bay Hangar: $25,000,000
Planning and Design.
AK Joint Base Elmendorf-Richardson. ADAL Alert Crew Facility Hangar 7,000,000
18: Unspecified Minor
Construction.
AK Joint Base Elmendorf-Richardson. HC-130J Simulator Facility: 2,000,000
Planning and Design.
AK Joint Base Elmendorf-Richardson. North Campus Electrical Loop: 5,600,000
Unspecified Minor Construction.
FL Jacksonville International F-35 Munitions Storage Area 600,000
Airport. Admin: Planning and Design.
ME Bangor International Airport.... Repair Hangar Access Apron 1,450,000
(Light Duty Ramp): Planning and
Design.
ME Bangor International Airport.... Repair Whiskey Apron: Planning 704,000
and Design.
MS Jackson International Airport... Fire Crash and Rescue Station: 8,000,000
Cost to Complete.
NH Pease Air National Guard Base... Ground Product Service Station: 4,000,000
Unspecified Minor Construction.
NJ Atlantic City International Consolidated Dining, Services, 2,000,000
Airport. and Fitness Center: Planning
and Design.
NJ Atlantic City International F-16 Mission Training Center: 1,100,000
Airport. Planning and Design.
OR Portland International Airport.. Special Tactics Complex Phase 3. 20,000,000
OR Portland International Airport.. Special Tactics Complex Phase 4. 11,000,000
PA Pittsburgh International Airport Entry Control Facility: 8,000,000
Unspecified Minor Construction.
WV McLaughlin Air National Guard Renovate Building 109 for 3,000,000
Base. Aerospace Support Equipment:
Unspecified Minor Construction.
WV Shepherd Field.................. Indoor Small Arms Range: 7,000,000
Unspecified Minor Construction.
WV Shepherd Field.................. Main Gate Entry Control Point 6,000,000
Renovation: Unspecified Minor
Construction.
WI General Mitchell International Indoor Small Arms Range: 7,100,000
Airport. Unspecified Minor Construction.
WI General Mitchell International POL Pipeline: Unspecified Minor 4,250,000
Airport. Construction.
----------------------------------------------------------------------------------------------------------------
Military Construction, Army Reserve
The agreement provides $151,076,000 for ``Military
Construction, Army Reserve'', which is $44,000,000 above the
budget request. Within this amount, the agreement includes
$27,389,000 for study, planning, design, architecture, and
engineering services. Within the total for Military
Construction, Army Reserve, $44,000,000 is for the following
projects in the following amounts:
[[Page S1227]]
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
CA Fort Hunter Liggett............. Network Enterprise Center....... $40,000,000
VA Richmond........................ Army Reserve Center: Planning 4,000,000
and Design.
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy Reserve
The agreement provides $51,291,000 for ``Military
Construction, Navy Reserve'', which is equal to the budget
request. Within this amount, the agreement includes
$6,495,000 for study, planning, design, architecture, and
engineering services.
Military Construction, Air Force Reserve
The agreement provides $331,572,000 for ``Military
Construction, Air Force Reserve'', which is $40,000,000 above
the budget request. Within this amount, the agreement
includes $14,646,000 for study, planning, design,
architecture, and engineering services. Within the total for
Military Construction, Air Force Reserve, $40,000,000 is for
the following projects in the following amounts:
----------------------------------------------------------------------------------------------------------------
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
AZ Davis Monthan Air Force Base.... Guardian Angel POTFF Facility: $8,500,000
Unspecified Minor Construction.
GA Dobbins Air Reserve Base........ Security Forces Facility........ 22,000,000
LA Barksdale Air Force Base........ 307 Bomb Wing Medical Facility 7,000,000
Addition: Unspecified Minor
Construction.
OH Youngstown Air Reserve Station.. Fire Station: Planning and 2,500,000
Design.
----------------------------------------------------------------------------------------------------------------
North Atlantic Treaty Organization Security Investment Program
The agreement provides $293,434,000 for the ``North
Atlantic Treaty Organization Security Investment Program,''
which is equal to the budget request.
Department of Defense Base Closure Account
The agreement provides $489,174,000 for the ``Department of
Defense Base Closure Account'', which is $100,000,000 above
the budget request.
Environmental Remediation.--As the Committees continue to
be concerned about the extent of per- and polyfluoroalkyl
substance (PFAS) contamination at closed U.S. military
installations, the agreement includes an additional
$50,000,000 above the budget request to increase the pace of
cleanup at the military installations affected by PFAS.
Recognizing the active costs associated with ordnance
disposal and other environmental cleanup requirements, the
agreement also provides additional funding for the Services
to remediate hazardous environmental sites at installations
closed under previous Base Closure and Realignment rounds.
Further, the agreement recognizes the Navy's efforts towards
the demolition and removal of non-historically designated
buildings and structures under Navy control where the
sampling or remediation of radiologically contaminated
materials have been the subject of substantiated allegations
of fraud. The Services are directed to submit a spend plan
for all additional funding to the Committees no later than 60
days after enactment of this Act.
Family Housing
Item of Interest
Housing Oversight.--The Committees continue to be concerned
about poor housing conditions, inadequate maintenance
response times, and other issues affecting the wellbeing of
servicemembers and their families. The Committees believe
that robust oversight over Military Housing Privatization
Initiative (MHPI) management companies is necessary to ensure
that servicemembers and their families can live in quality
housing that is properly maintained. The agreement provides
$30,000,000 above the budget request for oversight of DOD's
housing portfolio, including government-owned and controlled
family housing, privatized family, and unaccompanied housing.
The Committees expect this funding to be utilized by the
Services to improve their oversight of their housing
portfolios, including housing inspections and improved
training for individuals conducting those inspections. The
Committees are concerned that current practices, such as
inspections during tenant changes, are not being carried out
consistently in all cases. The Committees recognize that
changes in culture and procedures are necessary, in addition
to funding, to achieve sufficient oversight of all DOD
housing. The Committees direct the Services to continue to
review their training and inspection processes, among other
methods for ensuring quality housing and holding privatized
housing partners accountable, to ensure they are providing
proper management of their housing portfolios, and request a
briefing on such efforts no later than 120 days after
enactment of this Act.
Family Housing Construction, Army
The agreement provides $304,895,000 for ``Family Housing
Construction, Army'', which is equal to the budget request.
Family Housing Operation and Maintenance, Army
The agreement provides $395,485,000 for ``Family Housing
Operation and Maintenance, Army'', which is $10,000,000 above
the budget request.
Family Housing Construction, Navy and Marine Corps
The agreement provides $277,142,000 for ``Family Housing
Construction, Navy and Marine Corps'', which is equal to the
budget request.
Family Housing Operation and Maintenance, Navy and Marine Corps
The agreement provides $373,854,000 for ``Family Housing
Operation and Maintenance, Navy and Marine Corps'', which is
$10,000,000 above the budget request.
Family Housing Construction, Air Force
The agreement provides $237,097,000 for ``Family Housing
Construction, Air Force'', which is equal to the budget
request.
Family Housing Operation and Maintenance, Air Force
The agreement provides $324,386,000 for ``Family Housing
Operation and Maintenance, Air Force'', which is $10,000,000
above the budget request.
Family Housing Operation and Maintenance, Defense-Wide
The agreement provides $50,785,000 for ``Family Housing
Operation and Maintenance, Defense-Wide'', which is equal to
the budget request.
Department of Defense
Family Housing Improvement Fund
The agreement provides $6,611,000 for the ``Department of
Defense Family Housing Improvement Fund'', which is equal to
the budget request.
Department of Defense
Military Unaccompanied Housing Improvement Fund
The agreement provides $496,000 for the ``Department of
Defense Military Unaccompanied Housing Improvement Fund'',
which is equal to the budget request.
Administrative Provisions
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes section 101 limiting the use of
funds under a cost-plus-a-fixed-fee contract.
The agreement includes section 102 allowing the use of
construction funds in this title for hire of passenger motor
vehicles.
The agreement includes section 103 allowing the use of
construction funds in this title for advances to the Federal
Highway Administration for the construction of access roads.
The agreement includes section 104 prohibiting construction
of new bases in the United States without a specific
appropriation.
The agreement includes section 105 limiting the use of
funds for the purchase of land or land easements that exceed
100 percent of the value.
The agreement includes section 106 prohibiting the use of
funds, except funds appropriated in this title for that
purpose, for family housing.
The agreement includes section 107 limiting the use of
minor construction funds to transfer or relocate activities.
The agreement includes section 108 prohibiting the
procurement of steel unless American producers, fabricators,
and manufacturers have been allowed to compete.
The agreement includes section 109 prohibiting the use of
construction or family housing funds to pay real property
taxes in any foreign nation.
The agreement includes section 110 prohibiting the use of
funds to initiate a new installation overseas without prior
notification.
The agreement includes section 111 establishing a
preference for American architectural and engineering
services for overseas projects.
The agreement includes section 112 establishing a
preference for American contractors in United States
territories and possessions in the Pacific and on Kwajalein
Atoll, or in countries bordering the Arabian Gulf.
The agreement includes section 113 requiring congressional
notification of military exercises when construction costs
exceed $100,000.
The agreement includes section 114 allowing funds
appropriated in prior years for new projects authorized
during the current session of Congress.
The agreement includes section 115 allowing the use of
expired or lapsed funds to pay the cost of supervision for
any project being completed with lapsed funds.
The agreement includes section 116 allowing military
construction funds to be available for five years.
The agreement includes section 117 allowing the transfer of
funds from Family Housing Construction accounts to the Family
Housing Improvement Program.
The agreement includes section 118 allowing transfers to
the Homeowners Assistance Fund.
[[Page S1228]]
The agreement includes section 119 limiting the amount of
repair and maintenance funds for flag and general officer
quarters and allowing for notification by electronic medium.
The provision also requires an annual report on the
expenditures of each quarter.
The agreement includes section 120 extending the
availability of funds in the Ford Island Improvement Account.
The agreement includes section 121 allowing the transfer of
expired funds to the Foreign Currency Fluctuations,
Construction, Defense account.
The agreement includes section 122 allowing for the
reprogramming of construction funds among projects and
activities subject to certain criteria.
The agreement includes section 123 prohibiting the
obligation or expenditure of funds provided to the Department
of Defense for military construction for projects at
Arlington National Cemetery.
The agreement includes section 124 providing additional
construction funds for unfunded requirements.
The agreement includes section 125 directing all amounts
appropriated to ``Military Construction, Army'', ``Military
Construction, Navy and Marine Corps'', ``Military
Construction, Air Force'', and ``Military Construction,
Defense-Wide'' accounts be immediately available and allotted
for the full scope of authorized projects.
The agreement includes section 126 extending the
eligibility of unobligated funding for fiscal year 2017,
fiscal year 2018, and fiscal year 2019 projects that have not
lapsed.
The agreement includes section 127 defining the
congressional defense committees.
The agreement includes section 128 providing additional
funds for planning and design and unspecified minor
construction in order to improve military installation
resilience.
The agreement includes section 129 providing additional
funds for planning and design and unspecified minor
construction for DOD laboratory facilities.
The agreement includes section 130 providing the Air Force
with funds for natural disaster recovery.
The agreement includes section 131 providing additional
funds for planning and design of child development centers.
The agreement includes section 132 providing additional
funds for planning and design for barracks.
The agreement includes section 133 providing additional
funds specified to address cost increases identified
subsequent to the fiscal year 2024 budget request for
authorized major construction projects.
The agreement includes section 134 providing additional
funds for unspecified minor construction for demolition.
The agreement includes section 135 allowing the transfer of
funds to the Secretary of the Navy from the Family Housing
Improvement Fund.
The agreement includes section 136 providing funding for
unfunded authorized major construction projects.
The agreement includes section 137 providing funds for
planning and design and authorized major construction at
future foreign military training sites.
The agreement includes section 138 prohibiting the use of
funds in this Act to close or realign Naval Station
Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $182,310,515,000 for Compensation
and Pensions in advance for fiscal year 2025. Of the amount
provided, not more than $22,109,000 is to be transferred to
General Operating Expenses, Veterans Benefits Administration
(VBA) and Information Technology Systems for reimbursement of
necessary expenses in implementing provisions of title 38.
The agreement provides an additional $15,072,388,000 above
the fiscal year 2024 advance appropriation for the
Compensation and Pensions account.
READJUSTMENT BENEFITS
The agreement provides $13,399,805,000 for Readjustment
Benefits in advance for fiscal year 2025. The agreement
provides an additional $374,852,000 above the fiscal year
2024 advance appropriation for the Readjustment Benefits
account.
Veteran Employment Through Technology Education Courses.--
The Committees expect the Department to fully fund the
program consistent with current law, and encourage VA to take
steps to expand the program to address increased demand, by
including additional providers, particularly in areas of the
country where the initiative is not currently available, as
well as to help train and employ women veterans and veterans
with disabilities.
Veteran Transitional Assistance Grant Program (VTAG).--The
Committees continue to support VTAG and include an additional
$5,000,000 above the fiscal year 2023 level, as requested.
VETERANS INSURANCE AND INDEMNITIES
The agreement provides $135,119,422 for Veterans Insurance
and Indemnities in advance for fiscal year 2025. The
agreement provides an additional $12,701,000 above the fiscal
year 2024 advance appropriation for the Veterans Insurance
and Indemnities account.
VETERANS HOUSING BENEFIT PROGRAM FUND
The agreement provides such sums as may be necessary for
costs associated with direct and guaranteed loans for the
Veterans Housing Benefit Program Fund. The agreement limits
obligations for direct loans to not more than $500,000 and
provides $316,742,419 to be available for administrative
expenses.
Home Loan Guaranty Program.--The agreement notes the
Committees are concerned about the impact that the expiration
of emergency authorities is having on veterans who were
seeking loan forbearance during the COVID-19 pandemic for VA-
guaranteed loans. While understanding that VA lacks legal
authority to require servicers to pause foreclosures, VA must
do everything in its power to quickly institute regulations
for a new program to assist veterans facing foreclosure. The
Department is directed to provide a briefing to the
Committees on Appropriations of both Houses of Congress, no
later than 90 days after enactment of this Act, with
information including the number of VA-guaranteed loans for
which servicers will not pause foreclosures, and efforts
undertaken to assist the nearly 4,000 veterans whose VA-
guaranteed loans were foreclosed, as well as those who
avoided foreclosure by accepting new loans with highly
unfavorable terms.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
The agreement provides $78,337 for the cost of direct loans
from the Vocational Rehabilitation Loans Program Account,
plus $460,698 to be paid to the appropriation for General
Operating Expenses, Veterans Benefits Administration. The
agreement provides for a direct loan limitation of
$2,026,000.
The agreement provides for loans of up to $1,447 (based on
the indexed chapter 31 subsistence allowance rate) to
service-connected disabled veterans enrolled in vocational
rehabilitation programs, as provided under 38 U.S.C. chapter
31.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
The agreement provides $2,718,546 for administrative
expenses of the Native American Veteran Housing Loan Program
Account. This is an increase of $1,318,546 over the fiscal
year 2023 level.
GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION
The agreement provides $3,899,000,000 for General Operating
Expenses, Veterans Benefits Administration and, of the amount
provided, up to 10 percent is available for obligation until
September 30, 2025. In addition, VA estimates to use
$1,769,000,000 from the Toxic Exposures Fund to support GOE,
VBA activities related to toxic exposures in fiscal year
2024.
Compensation and Pension (C&P) Claims and Medical Exams.--
The Committees are reassured that the expected increase in
disability claim applications by veterans because of new
eligibilities in the Sergeant First Class Heath Robinson
Honoring our Promise to Address Comprehensive Toxics (PACT)
Act of 2022 (Public Law 117-168) is being realized. However,
the Committees are concerned about a growing disability
claims backlog and limited oversight of contracted providers
for medical exams. As described in House Report 118-122 and
Senate Report 118-43, the agreement continues to strongly
encourage the implementation of special training protocols
and oversight of C&P medical exams, especially for claims
related to military sexual trauma.
In addition to the reporting requirements in Senate Report
118-43 on ``Contract Providers for Exams'', the agreement
directs the Department to submit a report to the Committees
on Appropriations of both Houses of Congress no later than
180 days after enactment of this Act on the use of third-
party contractors to conduct medical disability examinations
of veterans for purposes of obtaining disability
compensation. The report should include the number of
contractors used in each state to conduct disability
compensation exams; contract performance and quality
measures; the average miles a veteran is required to travel
to attend a contract medical disability examination
disaggregated by state; the average wait time for an
individual to receive an exam; and a description of the
process at the Department for handling complaints of veterans
about their experience with a contracted medical disability
examiner.
Veterans Health Administration
For fiscal year 2024, the agreement provides a total of
$121,011,303,000 for VA's medical care, equal to the budget
request, and in accordance with agreements related to the
Fiscal Responsibility Act of 2023 (Public Law 118-5). In
addition, VA estimates to use $17,116,000,000 from the Toxic
Exposures Fund to support medical care, for a total of
$138,127,303,000 in medical care funding in fiscal year 2024.
Items of Interest
American Indian/Alaska Native, Native Hawaiian, Pacific
Islander and U.S.-Affiliated Pacific Islander Veterans.--The
agreement reaffirms the Committees' appreciation for American
Indian/Alaska Native, Native Hawaiian, Pacific Islander and
U.S.-Affiliated Pacific Islander military service and
recognizes the challenges they have in securing the benefits
they have earned. As described in House Report 118-122 and
Senate Report 118-43, the agreement continues to require
reporting on efforts to improve and expand access to
benefits, mental health, preventative and wellness programs,
telehealth, among other programs, and reduce homelessness,
among these veteran populations. The
[[Page S1229]]
agreement continues to support the establishment of the
Center for Native Hawaiians, Pacific Islanders, and U.S.-
Affiliated Pacific Islanders Health.
Child Care Assistance Expansion.--The Committees are
disappointed in the Department's slower than anticipated
progress to expand child care assistance to veterans
receiving healthcare at all VA medical facilities by January
5, 2026, as required by the Johnny Isakson and David P. Roe,
M.D. Veterans Health Care and Benefits Improvement Act of
2020 (Public Law 116-315). The agreement directs the
Department to brief the Committees on Appropriations of both
Houses of Congress no later than 30 days after enactment of
this Act on the status of the regulatory process, the new
timeline for expansion to the planned number of sites, and
progress on completing the information technology systems
necessary for this expansion. Further, the agreement directs
the Department to include cost estimates, timelines, and
actions taken by the Department in the justifications
accompanying the fiscal year 2025 budget submission. The
Committees encourage the Department to re-evaluate under
which program office the child care program should reside.
Special Modes of Transportation.--The Committees
acknowledge the Department's actions to postpone the final
effective date for reimbursement rates for ground and air
ambulance services. Before modifying these rates in
accordance with the new timeline, the Department is directed
to communicate directly with service providers to fully
understand the impact of the proposed rule change on
veterans. Further, the Department should identify staff
dedicated to facilitating contracting with providers of these
services at fair and appropriate reimbursement rates, to
include providing technical assistance on the contracting
process, and to provide support for entities who are
beginning the contracting process for the first time. The
agreement directs the Department to report back to the
Committees on Appropriations of both Houses of Congress no
later than 90 days after enactment of this Act on the
feedback received from industry stakeholders and its plan for
ensuring zero harm to veterans.
Congressional Oversight.--The agreement does not include
the direction regarding congressional oversight in the
overview to Title II of House Report 118-122.
MEDICAL SERVICES
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $71,000,000,000 in advance for
fiscal year 2025 for Medical Services, with $2,000,000,000
available through fiscal year 2026. The Committees provided
an advance appropriation of $74,004,000,000 for fiscal year
2024 for the Medical Services account in Public Law 117-328.
The agreement includes a negative adjustment to the fiscal
year 2024 advance of $3,034,205,000, which provides the
Department with total budget authority of $70,969,795,000,
consistent with the revised request.
In addition, VA estimates to use $9,525,428,000 from the
Toxic Exposures Fund to support medical services in fiscal
year 2024. VA also has the authority to retain co-payments
and third-party collections.
Caregiver Support Program
The agreement includes $2,422,410,000 for VA's Caregivers
Program, and continues the requirement for quarterly
reporting on obligations.
Program of Comprehensive Assistance for Family Caregivers
(PCAFC) Program.--The Committees support the Department's
decision to suspend reassessments and discharges for legacy
PCAFC participants, and again urges the Secretary to permit
recently disqualified and denied applicants with a history in
the program to have their applications automatically
reconsidered under current requirements, rather than go
through the appeals process.
Centers of Excellence
Neurology Centers of Excellence.--The Committees recognize
the increasing number of veterans affected by neurologic
conditions, including epilepsy, headache, multiple sclerosis,
and Parkinson's disease. The Neurology Centers of Excellence
provide essential innovative clinical care, education, and
research efforts focused on these conditions. Further
investment and collaboration of the Centers across
disciplines is encouraged, and the agreement includes
$70,000,000 for Neurology Centers of Excellence, $10,460,000
over the budget request and $20,460,000 over the fiscal year
2023 enacted level. This includes $25,000,000 for epilepsy;
$24,000,000 for headache; $14,500,000 for Parkinson's; and
$6,500,000 for multiple sclerosis.
National Center for Post-traumatic Stress Disorder
(PTSD).--Recognizing the importance of VA's National Center
for PTSD in promoting better prevention, diagnoses and
treatment of PTSD, the agreement provides $42,000,000 for the
Center, as requested.
Airborne Hazards and Burn Pits Center of Excellence.--The
agreement provides $15,000,000 and continues to support the
Airborne Hazards and Burn Pits Center of Excellence on
diagnoses, mitigation, and treatment of conditions related to
airborne hazards and burn pits.
Homeless Assistance Programs
The agreement supports $3,113,530,000 for programs to
prevent veteran homelessness, including $774,744,000 for
Supportive Services for Veterans Families (SSVF),
$620,000,000 for the Department of Housing and Urban
Development-Veterans Affairs Supportive Housing (HUD-VASH),
$306,161,000 for Grant and Per Diem (GPD) programs, and
$109,721,000 for the Veterans Justice Outreach program and
Legal Services for Veterans grants.
HUD-VASH Case Management.--As included in House Report 118-
122 and Senate Report 118-43, the agreement directs VA to
increase funding for case managers commensurate with
increases in the Department of Housing and Urban
Development's budget for new HUD-VASH vouchers. The
Committees are frustrated by the lack of progress in
publishing joint VA-HUD guidance regarding approval of a
Public Housing Authority to be a designated service provider.
The Committees expect to see the necessary guidance published
not later than 90 days after enactment of this Act, and
direct the Department to coordinate with the Department of
Housing and Urban Development and brief the Committees on
Appropriations of both Houses of Congress no later than 30
days after enactment of this Act with an update on the
progress and timeline for publishing its guidance.
Mental Health and Suicide Prevention Programs
The agreement provides $16,243,469,000 in discretionary
funds for mental health programs, of which $558,794,000 is
for suicide prevention outreach, including $300,500,000 for
the Veterans Crisis Line (VCL), fully supporting the request.
In addition to reporting requirements outlined in House
Report 118-122 and Senate Report 118-43, VA is directed to
ensure appropriate staffing for call centers and back-up
centers, provide training necessary for the VCL staff to
assist veterans in crisis, and ensure staff are able to
respond to the needs of veterans appropriately and
effectively. Additionally, the Committees direct VA to enable
the VCL to utilize geolocation capabilities to facilitate
accurate emergency dispatch to persons at risk of imminent
harm to self or others. The Committees direct VA to focus on
efforts to address parking lot suicides and to connect
veterans to care. The Committees recognize the importance of
suicide prevention coordinators and direct VA to fully staff
these positions and improve veterans' access to these
coordinators.
Opioid Safety Initiatives and Substance Use Disorder Care
The Committees recognize the importance of intervention and
support programs for at-risk veterans and their families. The
agreement includes $715,365,000 for Opioid Prevention and
Treatment programs, which is $52,560,000 above the fiscal
year 2023 enacted level. Of this total, $254,487,000 is to
continue implementation of the Jason Simcakoski Memorial and
Promise Act, as part of the Comprehensive Addiction and
Recovery Act of 2016 (Public Law 114-198) and $230,947,000
for Substance Use Disorder programs.
Rural Health
The agreement provides $342,455,000 for the Office of Rural
Health and the Rural Health Initiative, which is $5,000,000
above both the fiscal year 2023 enacted level and budget
request. The Committees recognize the challenges and barriers
to care for more than 3,000,000 enrolled rural and remote
veterans and directs the Office of Rural Health to expand and
improve transportation access to and from facilities that
serve rural veterans.
Rural Access Network for Growth Enhancement (RANGE).--The
RANGE Program provides case management and treatment services
to mentally ill veterans in rural areas. The agreement
includes sufficient funding to maintain the three new centers
of the RANGE Program, as authorized by the Sgt. Ketchum Rural
Veterans Mental Health Act of 2021 (Public Law 117-21).
Telehealth and Connected Care
The agreement provides $5,170,336,000 for Telehealth and
Connected Care services, which is $5,000,000 above the budget
request. The Committees direct VA to continue to expand
telehealth availability, including mental health, primary
care, and rehabilitation services as a means to deliver care,
including in rural and underserved communities. In addition
to fully funding costs associated with telehealth treatment,
the agreement directs $5,000,000 for the purpose of expanding
veteran access to telehealth technologies, including through
new and innovative measures. The Department is directed to
provide an expenditure plan for these funds no later than 180
days after enactment of this Act.
Whole Health
The agreement provides $107,848,000 for Whole Health, as
requested, which is $21,997,000 above the fiscal year 2023
enacted level. The Committees support the Whole Health model
of care and the expansion of Whole Health to all VA
facilities.
Creative Arts Therapies.--The Committees continue to
acknowledge the effective use of creative arts therapies and
arts and humanities partnerships in treating veterans with
traumatic brain injuries and psychological health conditions
and provide up to $5,000,000 to do so.
Women Veterans Health Care
The agreement includes $990,446,000 to support gender-
specific care for women, as well as funding for the program
office and initiatives, including the expansion of the
childcare initiative. The Department is directed to provide a
spend plan detailing how this funding will be allocated and
describing all planned activities related to care for women
veterans to the Committees no later
[[Page S1230]]
than 90 days after enactment of this Act. In addition, the
Department is directed to provide quarterly briefings to the
Committees on the expenditure of the funds. The Department is
further directed to continue upgrading medical facilities for
women veterans.
Mobile Mammography.--The Committees direct the Department
to develop a plan to expand access to mammography for
veterans, including through the use of a mobile mammography
unit, by the end of fiscal year 2025. The plan should include
data related to the cost of expansion, including for mobile
mammography units, and be provided to the Committees on
Appropriations of both Houses of Congress no later than 180
days after enactment of this Act. As noted in House Report
118-122, the Committees commend VA's decision to offer breast
cancer screening and mammography to eligible women veterans
and urge the Department to include younger veterans, as
appropriate.
Workforce and Staffing Issues
VHA Staffing.--The Committees recognize the challenge VA
has in recruiting and retaining physicians, physician
assistants, nurses, mental health providers, other healthcare
professionals, and related support staff, and encourage VA to
explore all potential options to enhance recruitment and
retention. Also, the Committees remind the Department to
submit its annual staffing report to address critical
workforce issues, as required by the Joint Explanatory
Statement accompanying Public Law 117-103.
Long-Term Care
The agreement provides $12,940,784,000 for institutional
and non-institutional care, equal to the budget request. The
Committees are aware of the aging veteran population and
support long-term care that focuses on facilitating veteran
independence, enhancing quality of life, and supporting the
family members of veterans. As such, the Committees support
the Department's efforts to broaden veterans' options
regarding non-institutional long-term care support and
services, and to accommodate veterans' preferences in how and
where they receive care and other services.
Data Sharing with State Cancer Registries.--The Committees
direct the Secretary of Veterans Affairs to provide a plan no
later than 90 days after enactment of this Act on how the
Department will begin to share qualifying cancer related data
with the State cancer registry of each state before the end
of the fiscal year.
MEDICAL COMMUNITY CARE
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $20,382,000,000 in advance for
fiscal year 2025 for Medical Community Care, with
$2,000,000,000 available through fiscal year 2026. The
Committees provided an advance appropriation of
$33,000,000,000 for fiscal year 2024 for the Medical
Community Care account in Public Law 117-328. The agreement
includes a negative adjustment to the fiscal year 2024
advance of $2,657,977,000, which provides the Department with
total budget authority of $30,342,023,000, consistent with
the revised request.
In addition, VA estimates to use $6,740,264,000 from the
Toxic Exposures Fund to support medical community care in
fiscal year 2024.
State Veterans Homes Per Diem.--The Committees understand
the Department intends to revise the formula used for
determining per diem rates at state veterans homes, and
support this effort.
MEDICAL SUPPORT AND COMPLIANCE
(INCLUDING RESCISSION OF FUNDS)
The agreement provides $11,800,000,000 in advance for
fiscal year 2025 for Medical Support and Compliance, with
$350,000,000 available through fiscal year 2026. The
Committees provided an advance appropriation of
$12,300,000,000 for fiscal year 2024 for the Medical Support
and Compliance account in Public Law 117-328. The agreement
includes a negative adjustment to the fiscal year 2024
advance of $1,550,000,000, which provides the Department with
total budget authority of $10,750,000,000 consistent with the
revised request.
In addition, VA estimates to use $850,000,000 from the
Toxic Exposures Fund for medical support and compliance
activities in fiscal year 2024.
MEDICAL FACILITIES
The agreement provides $9,400,000,000 in advance for fiscal
year 2025 for Medical Facilities, with $500,000,000 made
available through fiscal year 2026. The agreement provides an
additional $149,485,000 above the fiscal year 2024 advance
appropriation for this account, bringing the Department's
total budget authority for fiscal year 2024 to
$8,949,485,000, consistent with the revised request.
The Committees expect VA to provide, no later than 30 days
after enactment of this Act, an expenditure plan detailing
the planned use of the funds provided, and further, the
Committees request a quarterly update of the plan if the
funding for any single project changes by more than
$3,000,000 during that time period.
The Department is directed to continue upgrading medical
facilities to meet the needs of women veterans and is
reminded of the annual reporting requirement included in the
Joint Explanatory Statement accompanying Public Law 116-94
related to women's healthcare facilities.
Community-Based Outpatient Clinic in Bakersfield,
California.--The Committees remain concerned that a new
Bakersfield CBOC remains unbuilt more than a decade after
Congress authorized this facility in Public Law 111-82.
Recognizing the constraints due to ongoing litigation, the
Committees direct the Secretary to expeditiously execute
Lease No. 36C10F20L0008 and commence construction of the CBOC
as soon as possible. The Committees direct the Secretary to
provide monthly reports on the CBOC's progress until
completion and activation.
MEDICAL AND PROSTHETIC RESEARCH
The agreement provides $943,000,000 for Medical and
Prosthetic Research, available until September 30, 2025,
which is $5,000,000 above the request. Bill language is
included to ensure that the Secretary allocates adequate
funding for prosthetic research specifically for female
veterans. In addition, VA estimates to use $46,000,000 from
the Toxic Exposures Fund to support medical and prosthetic
research activities related to toxic exposures in fiscal year
2024.
Access to Clinical Oncology Trials.--The Committees
continue to support the ongoing collaborative efforts between
VA medical centers and National Cancer Institute (NCI)-
designated comprehensive cancer centers, but notes the lack
of infrastructure for clinical trials in other areas of the
country. Expanding access to clinical oncology trials remains
a priority and as such the Committees direct that not less
than $10,000,000 be allocated to support partnerships between
VA medical centers and NCI-designated comprehensive cancer
centers.
Due to the lack of capacity to enhance and increase current
clinical cancer trials into additional areas of the country,
the Committees direct that up to an additional $5,000,000 be
allocated to expand the Precision Oncology Program for Cancer
of the Prostate (POPCaP) program to new sites in order to
facilitate additional partnerships between VA medical centers
and university cancer centers.
Animal Research.--As included in House Report 118-122, the
agreement directs the Department to include in any report to
Congress describing animal research details on the specific
alternatives to animals that were considered, why those
alternatives were not chosen, and an explanation for why
these animal subjects were the only viable option for this
research. The Committees remind the Department of the
requirement to eliminate research conducted using canines,
felines, or non-human primates by March 2026, and request a
briefing on a plan to do so within 90 days of enactment of
this Act.
Women Veterans Research.--The Committees continue to
encourage VA to expand its research on the effects of toxic
exposure and ensure women are appropriately represented in
these efforts. The agreement directs VA to provide a briefing
to the Committees on Appropriations on both Houses of
Congress on how the Department is continuing to pursue
efforts to be more inclusive of women in its research within
90 days of enactment of this Act.
Toxic Exposures Research.--As included in House Report 118-
122 and Senate Report 118-43, the Committees encourage the
Department to continue research on the effects of and
treatments for veterans exposed to toxins, such as Agent
Orange, burn pits, Per- and polyfluoroalkyl substances
(PFAS), radiation, asbestos, and aqueous Film Forming Foam
(AFFF), and looks forward to the requested report. The
Committees continue to direct VA to collaborate with the
Department of Defense PFAS Task Force, academia, and other
health institutions and agencies to monitor research
activities, results, and publications on the health effects
from PFAS.
MEDICAL CARE COLLECTIONS FUND
The agreement includes the authority for the Medical Care
Collections Fund to retain co-payments and third-party
collections, estimated to total $3,991,000,000 in fiscal year
2024.
National Cemetery Administration
The agreement provides $480,000,000 for the National
Cemetery Administration (NCA). Of the amount provided, up to
10 percent is available until September 30, 2025.
Rural Initiative National Cemetery Facilities.--The
Committees support the National Cemetery Administration's
efforts to construct additional infrastructure at its Rural
Initiative national cemeteries. In order to ensure that these
infrastructure projects are meeting the needs of veterans,
volunteers, and visitors, the Department should conduct an
assessment at each Rural Initiative National Cemetery site,
with feedback from community stakeholders--to include
veterans, veterans service organizations, volunteers, local
leadership, adjacent landowners, and visitors, to determine
if it is advisable to construct permanent support
infrastructure. The Committees strongly encourage the
Department to work with State and local entities, and non-
profit organizations interested in constructing and donating
facilities or donating funding for VA-built facilities, to
include funds for construction and future operations and
maintenance costs, to help meet location-specific needs, as
appropriate.
Departmental Administration
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $475,000,000 for General
Administration. Of the amount provided, up to 10 percent is
available for obligation until September 30, 2025. In
addition, VA estimates to use $89,799,000 from the Toxic
Exposures Fund to support administrative activities related
to toxic exposures in fiscal year 2024. The agreement
continues to include bill language permitting the transfer
[[Page S1231]]
of funds from this account to General Operating Expenses,
Veterans Benefits Administration.
The Committees direct the Secretary to provide a spend plan
on how the Department allocates the General Administration
funding by office to the Committees within 30 days of
enactment of this Act. The Secretary may alter these
allocations if the Committees have been notified and written
approval is provided.
Lobbying Congress.--In lieu of language included in House
Report 118-122, the Department is reminded of the statutory
anti-lobbying restrictions in place in 18 U.S.C. 1913, which
prohibits lobbying by federal agencies. The Secretary is
directed to ensure compliance with these laws on all public
statements, and to make all central office based employees of
the Office of Public Affairs receive training on the Hatch
Act and its application to ensure official Department
resources are being used in a nonpartisan manner.
Office of Resolution Management, Diversity, and Inclusion
(ORMDI).--In lieu of the direction in House Report 118-122,
the agreement includes an additional $58,927,000 above the
fiscal year enacted 2023 level to support compliance with
Section 402 of Division U of the Consolidated Appropriations
Act, 2023. The agreement does not include additional funds
above the fiscal year 2023 level for diversity and inclusion
programming for ORMDI. The agreement does
not include the additional direction under this heading in
House Report 118-122.
Predatory Representational Services to Veterans.--The
Committees remain concerned about individuals and
organizations aggressively marketing representational
services to veterans using predatory tactics, often resulting
in veterans having to pay exorbitant fees for representation
for disability compensation claims, appeals, and Camp Lejeune
related lawsuits. The VA Office of General Counsel is
strongly encouraged to increase efforts to properly oversee
claims representative accreditation, as well as ensure
veterans are fully aware of their due process rights, VA's
duty to assist, and the free representational services
offered by accredited veterans service organizations.
BOARD OF VETERANS APPEALS
The agreement provides $287,000,000 for the Board of
Veterans Appeals (BVA), of which up to 10 percent shall
remain available until September 30, 2025. In addition, VA
estimates to use $4,000,000 from the Toxic Exposures Fund to
support BVA activities related to toxic exposures in fiscal
year 2024.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $6,401,000,000 for the Information
Technology (IT) Systems account. The agreement includes
$1,606,977,000 for staff salaries and expenses,
$4,668,373,000 for operation and maintenance of existing
programs, of which $75,288,000 is available through fiscal
year 2028 for facility activations related projects, and
$125,650,000 for program development. In addition, VA
estimates to use $1,243,000,000 from the Toxic Exposures Fund
to support information technology systems activities related
to toxic exposures in fiscal year 2024.
The agreement makes no more than 3 percent of pay and
associated costs funding available through fiscal year 2025,
no more than 5 percent of operations and maintenance funding
available through fiscal year 2025, and all IT systems
development funding available through fiscal year 2025.
The agreement continues to include language permitting
funding to be transferred among the three IT subaccounts,
subject to approval from the Committees, and allowing funding
to be transferred among development projects or to new
projects subject to the Committees' approval. Further, the
agreement prohibits increasing or decreasing a development
project by more than $3,000,000 prior to receiving approval
of the Committees or after a period of 30 days has elapsed.
This table is intended to serve as the approved list of
development projects; as noted above, any requested changes
exceeding $3,000,000 to a project are subject to
reprogramming requirements.
INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS
($ in thousands)
------------------------------------------------------------------------
Project Agreement
------------------------------------------------------------------------
Clinical Enabling Capabilities............................. $53,656
Health Delivery Support.................................. 23,599
Operational Support...................................... 23,137
Health Administration.................................... 6,920
Health Business Services................................... 14,694
Common Health Care Workflows............................. 7,594
Common Health Care Specific Services..................... 7,100
Care Coverage Capabilities................................. 13,608
Clinical Care Coverage Services.......................... 13,608
Clinical Care Capabilities................................. 7,949
Clinical Care Services................................... 7,949
Health IT Services......................................... 2,000
Enterprise IT Infrastructure............................. 2,000
Patient Management Capabilities............................ 559
Patient Management Services.............................. 559
Benefits Services.......................................... 16,000
Loan Guaranty............................................ 16,000
Veterans Experience Services............................... 14,184
Digital Experience....................................... 9,511
Customer Data Management Experience...................... 4,673
Corporate Services......................................... 3,000
Financial Management Services............................ 3,000
Total, IT development.................................. 125,650
------------------------------------------------------------------------
VETERANS ELECTRONIC HEALTH RECORD
The agreement provides $1,334,142,000 for the Veterans
Electronic Health Record, equal to the revised request, for
activities related to the development and rollout of VA's
Electronic Health Record Modernization (EHRM) initiative, the
associated contractual costs, and the salaries and expenses
of employees hired under titles 5 and 38, United States Code.
The agreement makes 25 percent of funds contingent upon the
Secretary providing certain information to the Committees.
The agreement continues quarterly reporting of obligations,
expenditures, and deployment schedule by facility. The
Committees expect the Department to continue quarterly
briefings on program implementation, including updates on
progress resolving outstanding issues, and to provide
quarterly updates to review timelines, performance
milestones, implementation, and change management progress.
The agreement continues to direct the Government
Accountability Office to conduct quarterly performance
reviews of EHRM deployment and to report to the Committees
each quarter.
The agreement further directs the Secretary to submit a
report containing an earned value analysis of the Veterans
Electronic Health Record system, including a graphic
performance report, a schedule and cost performance indexes,
an estimate of completion and a budget at completion, and a
variance analysis for cost and schedule.
Contractor Accountability.--The Committees expect VA will
hold Oracle Cerner accountable and work with them to improve
usability of the system and training. Additionally, the
Committees support the modifications to the Department's
updated contract with Oracle Cerner and request semiannual
reports on any financial penalties the contractor has
incurred.
Support for Operations at Sites Utilizing the New EHR.--For
each site using the new EHR, the Committees direct the
Department to ensure that implementation of the new EHR has
not had negative impacts on the relevant facilities,
especially with respect to any formulaic funding or staffing
models. The Department is directed to periodically report to
the Committees on Appropriations of both Houses of Congress
on changes to staffing levels, productivity compared to pre-
implementation levels, and wait times for access to VA care
and care in the community. The Committees also discourage the
Department from retaliation against employees who raise
patient safety concerns related to the EHR Modernization
activities.
Enterprise Integration and Standardization.--In addition to
the direction included in House Report 118-122, the
Department is directed to provide a report within 45 days of
enactment of this Act on its plans to ensure modifications
and system customization at individual facilities is
extremely limited. The report should provide an understanding
of what the base standardized system entails, and report
quarterly on deviations from this standard, and the reasons
such deviations are necessary.
OFFICE OF INSPECTOR GENERAL
The agreement provides $296,000,000 for the Office of
Inspector General. Of the amount provided, up to 10 percent
is available for obligation until September 30, 2025.
The Committees continue to request robust oversight of the
Electronic Health Record Modernization initiative.
CONSTRUCTION, MAJOR PROJECTS
The agreement provides $961,218,560 for Construction, Major
Projects. The agreement makes this funding available through
fiscal year 2028, except that $507,904,000 is made available
until expended, of which $110,000,000 shall be available for
seismic improvement projects. The agreement provides the
requested new authority for VHA land acquisition.
Recurring Expenses Transformational Fund.--The agreement
supports the Department's plan to allocate $600,000,000 of
the Recurring Expenses Transformational Fund balances to
support facilities improvements at existing medical
facilities, and includes an additional $46,000,0000 for
planning and design for a new VA medical facility in St.
Louis, MO, for a total of $646,000,000 from the Fund.
The agreement funds the following items requested in the
budget submission:
[[Page S1232]]
CONSTRUCTION, MAJOR PROJECTS
($ in thousands)
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2024 Funding
---------------------------------
Recurring
Location Description Expenses Total
Appropriation Transformational
Fund
----------------------------------------------------------------------------------------------------------------
Veterans Health Administration (VHA):
San Juan, PR......................... Seismic Corrections 0 41,370 41,370
Building 1, New
Administrative Building,
Expansion of Outpatient
Clinic and Parking
Structure.
Portland, OR......................... Upgrade Building 100 and 0 90,000 90,000
101 for Seismic Retrofit
and Renovation, Roadway
and Site Improvements,
New Specialty Care
Facility, Demolition and
Expansion of Parking
Facilities.
American Lake, WA.................... Construction of New 0 45,000 45,000
Specialty Care Building
201, Renovation of
Building 19 and
Expansion of Parking
Facilities.
San Francisco, CA.................... New Research Facility, 0 9,620 9,620
Parking Structure and
Demolition.
San Diego, CA........................ Spinal Cord Injury and 0 49,600 49,600
Seismic Building 11.
Perry Point, MD...................... Replacement Community 32,609 181,610 214,219
Living Center and
Parking Expansion.
El Paso, TX.......................... Construct New Health Care 0 59,200 59,200
Center and Utility Plant.
West Haven, CT....................... New Surgical and Clinical 153,128 0 153,128
Space Tower, Renovation
of Buildings 1 and 2 and
Demolition.
Dallas, TX........................... Clinical Expansion for 0 77,460 77,460
Mental Health, Expansion
of Parking Facilities
and Land Acquisition.
St. Louis, MO........................ Advance Planning and 0 46,000 46,000
Design for new VA
Medical Center.
West Los Angeles, CA................. Seismic Correction of 12 6,555 0 6,555
Buildings.
Reno, NV............................. Replace VA Sierra Nevada 41,055 0 41,055
Health Care System
Medical Center.
Various Stations..................... Advance Planning and 196,872 46,140 243,012
Design Fund.
Various Stations..................... Asbestos................. 8,000 0 8,000
Various Stations..................... Construction & Facilities 153,000 0 153,000
Management Staff.
Various Stations..................... Hazardous Waste.......... 1,000 0 1,000
Various Stations..................... Judgement Fund........... 25,000 0 25,000
Various Stations..................... Non-Departmental Federal 112,000 0 112,000
Entity Project
Management Support.
Various Stations..................... Seismic Corrections...... 110,000 0 110,000
Subtotal, VHA...................... ......................... 839,219 646,000 1,485,219
National Cemetery Administration (NCA):
St. Louis, MO........................ Jefferson Barracks NC- 28,800 0 28,000
Phase 1 Gravesite
Development (New Land).
Tahoma, WA........................... Tahoma NC-Gravesite 78,200 0 78,200
Expansion.
Various Stations..................... Advance Planning and 5,000 0 5,000
Design Fund.
Subtotal, NCA...................... ......................... 112,000 0 112,000
General Administration/Staff Offices:.. Department Advance 10,000 0 10,000
Planning and Design Fund
for Major Construction.
Major Construction, Total.......... ......................... 961,219 646,000 1,607,219
----------------------------------------------------------------------------------------------------------------
Community-Based Outpatient Clinic in Alameda, California.--
The Committees are concerned about the status of the Alameda
Point Community Based Outpatient Clinic project and reiterate
the direction included in House Report 118-122 to provide
monthly reports to the Committees on Appropriations of both
Houses of Congress on the progress of the project. The bill
contains a provision to allow for the execution of funds
provided in prior fiscal years for Alameda.
CONSTRUCTION, MINOR PROJECTS
The agreement provides $692,000,000 for Construction, Minor
Projects, which is $12,000,000 above the request. The
agreement makes this funding available through fiscal year
2028, except that $80,000,000 is made available until
expended. The agreement provides $346,150,000 for the
Veterans Health Administration, $182,560,000 for the National
Cemetery Administration, $62,070,000 for the Veterans
Benefits Administration, and $101,220,000 for staff offices
(including the Office of Information Technology). The
agreement directs the Department to provide an expenditure
plan to the Committees no later than 30 days after enactment
of this Act.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
The agreement provides $171,000,000 for Grants for
Construction of State Extended Care Facilities, which is
$7,000,000 above the request, to remain available until
expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
The agreement provides $60,000,000 for Grants for
Construction of Veterans Cemeteries, to remain available
until expended.
Cost of War Toxic Exposures Fund
The Cost of War Toxic Exposures Fund (the Fund) was
established to support new costs related to providing
veterans and their families the benefits and care associated
with the eligibility expansion included in the Honoring our
PACT Act of 2022 (Public Law 117-168). The agreement supports
the appropriations provided for fiscal years 2024 and 2025
included in the Fiscal Responsibility Act of 2023 (Public Law
118-5), and includes a provision with a new quarterly
reporting requirement on the status of the Toxic Exposures
Fund. Further, the Committees expect a consolidated section
in future budget requests outlining the proposed spending
from the Toxic Exposures Fund, consistent with requirements
in Public Law 117-168.
The intent of the Fund is to address the costs associated
with implementing the PACT Act, including additional future
eligibilities that result from the process changes enacted.
This Fund is intended to be used to cover the costs of care
and delivery of benefits that are related to toxic exposure.
The appropriations provided to this Fund supplement VA's
ongoing efforts to provide toxic exposure-related healthcare
or other benefits that VA had authority for prior to passage
of the PACT Act.
Kosovo Veterans Toxic Exposures.--The Department is
directed to submit a report to the Committees on
Appropriations of both Houses of Congress no later than 1
year after enactment of this Act on the timeline under which
the Department plans to use the new rulemaking process to
undertake a review of evidence related to toxic exposures,
including studies conducted by the Department of Defense, of
veterans who served in Kosovo since June 1999.
Administrative Provisions
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
The agreement includes section 201 allowing for the
transfer of funds among the three mandatory accounts.
The agreement includes section 202 allowing for the
transfer of funds among the four medical accounts.
The agreement includes section 203 allowing salaries and
expenses funds to be used for the hire of passenger vehicles,
lease of facilities or land, and purchase of uniforms.
The agreement includes section 204 restricting the accounts
that may be used for the acquisition of land or the
construction of any new hospital or home.
The agreement includes section 205 limiting the use of
funds in the Medical Services account only for entitled
beneficiaries unless reimbursement is made to the Department.
The agreement includes section 206 allowing for the use of
certain mandatory appropriations accounts for payment of
prior year accrued obligations for those accounts.
The agreement includes section 207 allowing the use of
appropriations available in this title to pay prior year
obligations.
The agreement includes section 208 allowing the Department
to use surplus earnings from the National Service Life
Insurance Fund, the Veterans' Special Life Insurance Fund,
and the United States Government Life Insurance Fund to
administer these programs.
The agreement includes section 209 allowing the Department
to cover the administrative expenses of enhanced-use leases
and provides authority to obligate these reimbursements until
expended.
The agreement includes section 210 limiting the amount of
reimbursement the Office of Resolution Management, Diversity
and Inclusion, the Office of Employment Discrimination
Complaint Adjudication, and the Alternative Dispute
Resolution function within the Office of Human Resources and
Administration can charge other offices of the Department for
services provided.
The agreement includes section 211 requiring the Department
to collect third-party payer information for persons treated
for a non-service-connected disability.
The agreement includes section 212 allowing for the use of
enhanced-use leasing revenues for Construction, Major
Projects and Construction, Minor Projects.
The agreement includes section 213 outlining authorized
uses for Medical Services funds.
The agreement includes section 214 allowing for funds
deposited into the Medical Care Collections Fund to be
transferred to the Medical Services and Medical Community
Care accounts.
The agreement includes section 215 allowing Alaskan
veterans to use medical facilities of the Indian Health
Service or Tribal organizations.
The agreement includes section 216 permitting the transfer
of funds from the Department of Veterans Affairs Capital
Asset Fund to the Construction, Major Projects and
Construction, Minor Projects accounts and makes those funds
available until expended.
The agreement includes section 217 requiring the Secretary
to submit financial status quarterly reports for the
Department. The
[[Page S1233]]
specific data requested is similar to that requested in the
fiscal year 2017 conference report.
The agreement includes section 218 requiring the Department
to notify and receive approval from the Committees of any
proposed transfer of funding to or from the Information
Technology Systems account and limits the aggregate annual
increase in the account to no more than 10 percent of the
funding appropriated to the account in this Act.
The agreement includes section 219 providing up to
$430,532,000 of specified fiscal year 2024 funds for transfer
to the Joint DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 220 which permits up to
$456,547,000 of specified fiscal year 2024 medical care
funding provided in advance to be transferred to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 221 which authorizes
transfers from the Medical Care Collections Fund to the Joint
DOD-VA Medical Facility Demonstration Fund.
The agreement includes section 222 which transfers at least
$15,000,000 from VA medical accounts to the DOD-VA Health
Care Sharing Incentive Fund.
The agreement includes section 223 prohibiting funds from
being used to replace the current system by which VISNs
select and contract for diabetes monitoring supplies and
equipment.
The agreement includes section 224 requiring that the
Department notify the Committees of bid savings in a major
construction project of at least $5,000,000, or 5 percent,
whichever is less, 14 days prior to the obligation of the bid
savings and describe their anticipated use.
The agreement includes section 225 which prohibits VA from
increasing the scope of work for a major construction project
above the scope specified in the original budget request
unless the Secretary receives approval from the Committees.
The agreement includes section 226 requiring a quarterly
report from each VBA regional office on pending disability
claims, both initial and supplemental; error rates; the
number of claims processing personnel; corrective actions
taken; training programs; and review team audit results. It
also requires a quarterly report on the number of appeals
pending at the Veterans Benefits Administration and the Board
of Veterans Appeals.
The agreement includes section 227 requiring VA to notify
the Committees 15 days prior to any staff office relocations
within VA of 25 or more full-time-equivalent staff.
The agreement includes section 228 requiring the Secretary
to report to the Committees each quarter about any single
national outreach and awareness marketing campaign exceeding
$1,000,000.
The agreement includes section 229 permitting the transfer
to the Medical Services account of fiscal year discretionary
2024 funds appropriated in this Act or available from advance
fiscal year 2024 funds already appropriated, except for funds
appropriated to General Operating Expenses, VBA, to address
possible unmet, high priority needs in Medical Services, upon
approval of the Committees.
The agreement includes section 230 permitting the transfer
of funding between the General Operating Expenses, Veterans
Benefits Administration account and the Board of Veterans
Appeals account upon approval of the Committees.
The agreement includes section 231 prohibiting the
Secretary from reprogramming funds in excess of $7,000,000
among the major construction projects or programs unless the
reprogramming is approved by the Committees.
The agreement includes section 232 maintaining certain
professional standards for the veterans crisis hotline and
requiring a study to assess its effectiveness.
The agreement includes section 233 prohibiting the use of
funds, from the period October 1, 2018, through January 1,
2025, in contravention of VHA's guidelines on breast cancer
screening published on May 10, 2017.
The agreement includes section 234 addressing the use of
funding for assisted reproductive technology treatment and
adoption reimbursement.
The agreement includes section 235 prohibiting any funds
being used in a manner that is inconsistent with statutory
limitations on outsourcing.
The agreement includes section 236 pertaining to exceptions
for Indian- or Native Hawaiian-owned businesses contracting
with VA.
The agreement includes section 237 directing the
elimination of the use of social security numbers in VA
programs not later than September 30, 2024.
The agreement includes section 238 referencing the
provision in the 2017 Appropriations Act pertaining to
certification of marriage and family therapists.
The agreement includes section 239, which prohibits funds
from being used to transfer funding from the Filipino
Veterans Equity Compensation Fund to any other VA account.
The agreement includes section 240 permitting funding to be
used in fiscal years 2024 and 2025 to carry out and expand
the child care pilot program authorized by section 205 of
Public Law 111-163.
The agreement includes section 241 prohibiting VA from
using funds to enter into an agreement to resolve a dispute
or claim with an individual that would restrict the
individual from speaking to members of Congress or their
staff on any topic, except those required to be kept secret
in the interest of national defense or the conduct of foreign
affairs.
The agreement includes section 242 referencing language in
the 2017 Appropriations Act requiring certain data to be
included in budget justifications for major construction
projects.
The agreement includes section 243 prohibiting the use of
funds to deny the Inspector General timely access to
information unless a provision of law expressly refers to the
Inspector General and expressly limits such access.
The agreement includes section 244 prohibiting funding from
being used in a manner that would increase wait times for
veterans at medical facilities.
The agreement includes section 245 prohibiting the use of
funds in fiscal year 2024 to convert any program which
received specific purpose funds in fiscal year 2023 to a
general purpose-funded program without the approval of the
Committees on Appropriations at least 30 days prior to any
such action.
The agreement includes section 246 referencing language in
the 2017 Appropriations Act regarding the verification of
service for coastwise merchant seamen.
The agreement includes section 247 addressing animal
research at the Department of Veterans Affairs.
The agreement includes section 248 requiring the ratio of
veterans to full-time employment equivalents in any
rehabilitation program not to exceed 125 veterans to one
full-time employment equivalent.
The agreement includes section 249 allowing fiscal year
2024 and 2025 ``Medical Community Care'' funds to be used to
cover obligations that otherwise would be paid by the
Veterans Choice Fund, if necessary.
The agreement includes section 250 allowing obligations and
expenditures applicable to the ``Medical Services'' account
in fiscal years 2017 through 2019 for aid to state homes to
remain in the ``Medical Community Care'' account.
The agreement includes section 251 specifying $990,446,000
from the four medical care accounts for gender-specific care
for women.
The agreement includes section 252 allocating funds from
the ``Recurring Expenses Transformational Fund'' established
in section 243 of division J of Public Law 114-113.
The agreement includes section 253 requiring quarterly
reports on the status of section 8006 of the American Rescue
Plan.
The agreement includes section 254 requiring an expenditure
plan for funds made available through the Fiscal
Responsibility Act of 2023 (P.L. 118-5) for the Cost of War
Toxic Exposures Fund for fiscal year 2024.
The agreement includes section 255 providing contributions
from other Federal agencies to VA Non-Profit Corporations for
research with an extended distribution authority on valid
obligations.
The agreement includes section 256 rescinding unobligated
balances.
The agreement includes section 257 to limit funds from
being used to close medical facilities.
The agreement includes section 258 to allow use of
unobligated balances to support construction projects in the
CHIP-IN program.
The agreement includes section 259 rescinding unobligated
balances.
The agreement includes section 260 rescinding unobligated
balances.
The agreement includes section 261 requiring funds
transferred to the U.S. Army Corps of Engineers for certain
construction projects be returned.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
The agreement provides $158,630,000 for Salaries and
Expenses of the American Battle Monuments Commission (ABMC).
The funds will allow ABMC to not only maintain the cemeteries
and monuments honoring America's war dead, but also to
preserve and communicate these veterans' stories of courage
and sacrifice.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
The agreement provides such sums as necessary for the
Foreign Currency Fluctuations Account.
United States Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
The agreement provides $47,200,000 for Salaries and
Expenses for the United States Court of Appeals for Veterans
Claims (CAVC). The funding supports a planned expansion of
CAVC's authorization for additional judges, which will help
address growing caseloads.
Department of Defense--Civil Cemeterial Expenses, Army
SALARIES AND EXPENSES
The agreement provides $99,880,000 for Cemeterial Expenses,
Army--Salaries and Expenses. Within that amount, up to
$15,000,000 in funding is available until September 30, 2026.
CONSTRUCTION
The agreement provides $88,600,000 for Construction, for
planning and design and construction associated with
Arlington National Cemetery's Southern Expansion project.
When completed, this project will provide approximately
80,000 additional burial opportunities to extend the life of
the active cemetery into the 2060s.
[[Page S1234]]
Armed Forces Retirement Home
TRUST FUND
The agreement provides a total of $77,000,000 for the Armed
Forces Retirement Home (AFRH). This funding supports high-
priority capital projects, particularly those currently under
design, as well as operations and maintenance requirements.
The agreement requires AFRH to provide an expenditure plan
detailing the planned use of the funds provided for capital
projects, as directed in House Report 118-122. The agreement
also includes two-year availability of funds for operations
and maintenance.
Land Redevelopment.--In lieu of the report required under
this heading in House Report 118-122 regarding the AFRH's
previous land redevelopment plan, the Committees direct AFRH
to provide a briefing not later than 60 days after enactment
of the Act on options for, and timelines associated with, the
future use of the 80-acre master planned parcel, including
how such options will improve financial sustainability of
AFRH while continuing to prioritize its responsibilities to
its residents.
Administrative Provision
The agreement includes section 301 permitting funds from
concessions at Army National Military Cemeteries to be used
to support activities at the Cemeteries.
TITLE IV
GENERAL PROVISIONS
The agreement includes section 401 prohibiting the
obligation of funds in this Act beyond the current fiscal
year unless expressly so provided.
The agreement includes section 402 prohibiting the use of
the funds in this Act for programs, projects, or activities
not in compliance with Federal law relating to risk
assessment, the protection of private property rights, or
unfunded mandates.
The agreement includes section 403 encouraging all
departments and agencies funded in this Act to expand the use
of ``E-Commerce'' technologies and procedures.
The agreement includes section 404 specifying the
congressional committees that are to receive all reports and
notifications.
The agreement includes section 405 prohibiting the transfer
of funds to any department, agency, or instrumentality of the
United States Government without authority from an
appropriations Act.
The agreement includes section 406 prohibiting the use of
funds for a project or program named for a serving Member,
Delegate, or Resident Commissioner of the United States House
of Representatives.
The agreement includes section 407 requiring all reports
submitted to Congress to be posted on official web sites of
the submitting agency.
The agreement includes section 408 prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes section 409 prohibiting the use of
funds for the payment of first-class air travel by an
employee of the executive branch.
The agreement includes section 410 prohibiting the use of
funds in this Act for any contract where the contractor has
not complied with E-Verify requirements.
The agreement includes section 411 prohibiting the use of
funds in this Act to construct facilities on military
installations that do not meet resiliency standards.
The agreement includes section 412 prohibiting the use of
funds in this Act for the renovation, expansion, or
construction of any facility in the continental United States
for the purpose of housing any individual who has been
detained at the United States Naval Station, Guantanamo Bay,
Cuba.
The agreement includes section 413 prohibiting the use of
funds in this Act to report a veteran to the Department of
Justice National Instant Criminal Background Check System
without a judicial determination.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
[Community Project Funding/Congressionally Directed Spending]
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EXPLANATORY STATEMENT SUBMITTED BY MRS. MURRAY, CHAIR OF THE SENATE
COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 4366, CONSOLIDATED
APPROPRIATIONS ACT, 2024
The following is an explanation of the Consolidated
Appropriations Act, 2024.
____
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
CONGRESSIONAL DIRECTIVES
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 118-
124 and Senate Report 118-44 carries the same weight as
language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly
provided herein.
In cases in which the House or the Senate or this
explanatory statement has directed the submission of a
report, such report is to be submitted to both the House and
Senate Committees on Appropriations no later than 60 days
after enactment of this Act, unless otherwise directed.
Hereafter, in this Division of this statement, the term
`the Committees' refers to the Committees on Appropriations
of the House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this agreement
are reminded that the Committees use the definitions for
transfer, reprogramming, and program, project, and activity
as defined by the Government Accountability Office (GAO) in
GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP
Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2024, accompanying Committee
reports, explanatory statements, and budget justifications.
Program activity structures are intended to provide a
meaningful representation of the operations financed by a
specific budget account by project, activity, or
organization.
The agreement directs the Office of Budget and Program
Analysis (OBPA) of the U.S. Department of Agriculture (USDA)
to provide an organizational chart for each agency funded by
this Act to the division and subdivision level, as
appropriate, within 60 days of enactment of this Act. The
agreement also directs the Food and Drug Administration (FDA)
the Farm Credit Administration (FCA), and the Commodity
Futures Trading Commission (CFTC) to provide an
organizational chart of each agency, respectively, to the
division and subdivision level, as appropriate, within 60
days of enactment of this Act.
Further, USDA, FDA, and CFTC should be mindful of
Congressional authority to determine and set final funding
levels for fiscal year 2025. Therefore, the agencies should
not presuppose program funding outcomes and prematurely
initiate action to redirect staffing prior to knowing final
outcomes on fiscal year 2025 program funding. The agreement
directs OBPA to provide the Committees with the number of
staff years and employees on board for each agency funded by
this Act on a monthly basis.
This agreement provides funding for Community Project
Funding/Congressionally Directed Spending. The bill includes
language in each account with such spending that the funding
``shall be for the purposes, and in the amounts, specified
for [the relevant account] in the table titled `Community
Project Funding/Congressionally Directed Spending' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).''
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $58,292,000 for the Office of the
Secretary.
The agreement directs the Secretary within 60 days of
enactment of this Act to provide an IT modernization plan
that accelerates the continued implementation and expansion
of the Farmers.gov system using the Enterprise Data Analytics
Platform and Toolset (EDAPT) to enable USDA customers to: (1)
view their information, complete transactions, quickly review
the status, and update tabular customer information; (2)
submit applications for Farm Production and Conservation
(FPAC) programs and receive program payments for all USDA
farm programs; (3) to complete their own applications,
including electronic signatures and submissions, for all farm
programs that require direct application; (4) enable
electronic income reporting between USDA and the Internal
Revenue Service; and (5) access and manage acreage reporting,
farm records mapping, and farm records information within
Farmers.gov. The agreement further directs the FPAC Business
Center to provide a roadmap for systems to make customer
information available within Farmers.gov and EDAPT including,
but not limited to, the Agriculture Risk Coverage and Price
Loss Coverage programs, the Dairy Margin Coverage program,
and the Farm Service Agency Emergency Relief Program.
The agreement makes the Secretary of Agriculture a member
of the Committee on Foreign Investment in the United States
(CFIUS) with respect to covered transactions involving
agricultural land, biotechnology, and industry. The agreement
requires the Secretary to notify CFIUS of agricultural land
transactions reported under the Agricultural Foreign
Investment Disclosure Act (AFIDA) that may pose a risk to
national security. For these purposes, the agreement provides
a $2,500,000 increase in the Office of Homeland Security for
CFIUS reviews and a $1,000,000 increase in the Farm
Production and Conservation Business Center to improve AFIDA
reporting.
The agreement also provides $6,000,000, to be divided
equally, to continue the Institute for Rural Partnerships at
established land-grant universities, which were originally
funded in fiscal year 2022.
The agreement includes a provision (Section 773) noting
that the National Academies of Sciences, Engineering, and
Medicine (NASEM) was tasked with providing findings and
recommendations for alcohol consumption for inclusion in the
2025 Dietary Guidelines for Americans (DGA), and that such
findings and recommendations shall be solely based on the
preponderance of scientific and medical knowledge. The
agreement therefore directs the Secretary of Agriculture and
the Secretary of Health and Human Services to ensure that any
recommendations related to alcohol consumption in the 2025
DGA that deviate from the 2020 DGA must be based upon peer
reviewed, scientific, and medical knowledge and that such
review was the result of a transparent process by any federal
entity that may have been involved.
The agreement directs the Department to submit a report to
the Committees no later than 90 days after enactment of this
Act, describing a plan for improving staffing at the Farm
Service Agency, the Natural Resources Conservation Service,
and the Rural Development mission area at the county and area
levels, including recommendations for actions that Congress
may take. The agreement further directs the Secretary to
prioritize hiring of these positions outside the National
Capital Region.
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $7,000
Office of Homeland Security................................ 1,896
Office of Tribal Relations................................. 5,190
Office of Partnerships and Public Engagement............... 7,500
Office of Assistant Secretary for Administration........... 1,706
Departmental Administration................................ 23,500
Office of Assistant Secretary for Congressional Relations 4,500
and Intergovernmental Affairs.............................
Office of Communications................................... 7,000
------------
Total, Office of the Secretary......................... $58,292
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The agreement provides $30,500,000 for the Office of the
Chief Economist.
The agreement provides $10,000,000 for policy research
under 7 U.S.C. 3155. Of the amount provided for policy
research activities, $2,000,000 shall be used to establish a
new center based at an upper Midwest land-grant university
focused on agricultural policy relevant to the region,
including crop insurance, livestock risk management, and
disaster programs. The remaining $8,000,000 shall be provided
in a manner consistent with fiscal year 2023 funding.
The agreement also provides a $300,000 increase for the
Office of Pest Management Policy to continue advocating on
behalf of U.S. agricultural producers for science-based
pesticide policy with EPA and other Federal pesticide
policymakers.
OFFICE OF HEARINGS AND APPEALS
The agreement provides $16,703,000 for the Office of
Hearings and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The agreement provides $14,967,000 for the Office of Budget
and Program Analysis.
Office of the Chief Information Officer
The agreement provides $91,000,000 for the Office of the
Chief Information Officer, of which not less than $77,428,000
is for cybersecurity requirements of the Department.
Office of the Chief Financial Officer
The agreement provides $6,867,000 for the Office of the
Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The agreement provides $1,466,000 for the Office of the
Assistant Secretary for Civil Rights.
Office of Civil Rights
The agreement provides $37,000,000 for the Office of Civil
Rights.
[[Page S1287]]
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $22,603,000 for Agriculture
Buildings and Facilities.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $3,000,000 for Hazardous Materials
Management.
Office of Safety, Security, and Protection
The agreement provides $20,800,000 for the Office of
Safety, Security, and Protection.
Office of Inspector General
The agreement provides $111,561,000 for the Office of
Inspector General.
Office of the General Counsel
The agreement provides $60,537,000 for the Office of the
General Counsel (OGC).
The agreement includes bill language that allows OGC to
accept funds from other USDA agencies to facilitate OGC's
timely consideration of matters from those agencies. The
agreement directs OGC to brief the Committees before using
this authority for the first time and as requested
thereafter.
Office of Ethics
The agreement provides $4,500,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The agreement provides $1,884,000 for the Office of the
Under Secretary for Research, Education, and Economics.
Economic Research Service
The agreement provides $90,612,000 for the Economic
Research Service (ERS).
The agreement directs ERS to provide the Committees with a
report that evaluates actionable avenues for improving the
Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC) retailer and recipient participation to
help address disparities in retailer participation between
the Supplemental Nutrition Assistance Program (SNAP) and WIC
programs, geographic differences in access to local WIC
agencies, and other state and local WIC agency differences in
program administration.
National Agricultural Statistics Service
The agreement provides $187,513,000 for the National
Agricultural Statistics Service (NASS), of which $46,850,000
is for the Census of Agriculture.
The agreement directs NASS to continue its ongoing
activities at the frequency levels assumed in fiscal year
2023, including barley acreage and production estimates; the
Bee and Honey Program; the Chemical Use Data Series; the
Floriculture Crops Report; Fruit and Vegetable Reports,
including in-season forecasts for non-citrus fruit and tree
nut crops such as pecans; the Cost of Pollination survey; and
the organic data initiative. The agreement further directs
NASS to conduct the Census of Aquaculture in fiscal year
2024.
Agricultural Research Service
SALARIES AND EXPENSES
The agreement provides $1,788,063,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The agreement expects extramural and intramural research to
be funded at no less than the fiscal year 2023 levels. The
agreement provides funding increases for 6PPD; Aflatoxin
Mitigation; Agricultural Data Security; Agrivoltaics; AgTech
Cooperative Agreements; Alternative Protein Research; BARD;
the Barley Pest Initiative; Catfish Aquaculture; Citrus
Breeding; the Controlled Environment Ag Program; Cover Crops;
Cranberry Research; Daily High-Resolution Imaging; East Coast
Shellfish Breeding; Fumigant Alternatives Research; Genetic
Oat Research; Grape Genetics; Greenhouse Technology; Healthy
Soils in Semi-Arid Locations Research; Human Nutrition
Research; Little Cherry Disease; LTAR; Machine Learning and
Electromagnetic Sensors Research; Nematodes; Onion Breeding;
Peanut Genomics; Peanut Nutrition; Pecan Genetics; Pecan
Processing; PFAS Center of Excellence; Precision Aquaculture;
Predictive Crop Performance; Post-Harvest Control of Plant
Diseases; Pulse Crop Quality; Rangeland Research;
Recirculating Aquaculture Systems Research; Resilient
Livestock; Small Fruits; Soil Health Research; Spray Drone
Research; Strawberry Production; Sugarcane Variety
Development; Sustainable Aquaculture; Sustainable Specialty
Crops; Water Quality Management Systems; the Wheat Resilience
Initiative; Wildfire Smoke Taint; and the Wind Erosion
Research Network.
BUILDINGS AND FACILITIES
The agreement provides $57,164,000 for ARS Buildings and
Facilities.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The agreement provides $1,075,950,000 for the National
Institute of Food and Agriculture (NIFA), Research and
Education Activities.
The agreement directs NIFA to brief the Committees on
efforts to combat citrus greening and collaboration with the
HLB-MAC group.
The agreement remains concerned about rising cybersecurity
threats to our nation's agricultural systems. The agreement
directs the Secretary to report to the Committees on
potential areas of collaboration between the Department,
land-grant institutions, and other Federal agencies to
strengthen the food and agriculture supply chain's resiliency
to cyber threats from foreign adversaries.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $265,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 38,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 89,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 7,000
Education Grants for 1890 7 U.S.C. 3152(b)...... 30,000
Institutions.
Scholarships at 1890 Institutions.. 7 U.S.C. 3222a........ 10,000
Centers of Excellence at 1890 7 U.S.C. 5926(d)...... 10,000
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 16,000
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 5,000
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 5,000
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 6,000
Grant Colleges of Agriculture.
New Beginning for Tribal Students.. 7 U.S.C. 3222e........ 5,000
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 3157......... 445,200
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 10,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 4,000
Continuing Animal Health and 7 U.S.C. 3151a........ 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 2,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 10,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 750
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 48,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,000
Research Equipment Grants.......... 7 U.S.C. 3310a........ 5,000
Alfalfa Seed and Alfalfa Forage 7 U.S.C. 5925......... 4,000
Systems Research Program.
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(e)...... 15,000
Agricultural Genome to Phenome 7 U.S.C. 5924......... 2,000
Initiative.
Laying Hen and Turkey Research 7 U.S.C. 5925......... 500
Program.
Open Data Standards for Neutral Sec. 757 of Division A 1,000
Data Repositories. of P.L. 117-103.
Research Facilities Act............ 7 U.S.C. 390 et seq... 1,000
Special Research Grants:........... 7 U.S.C. 450i(c)......
Global Change/UV Monitoring.... ...................... 1,000
Potato Research................ ...................... 4,000
Aquaculture Research........... ...................... 2,000
------------
Total, Special Research ...................... 7,000
Grants.
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,000
Federal Administration--Other ...................... 11,500
Necessary Expenses for Research
and Education Activities.
------------
Total, Necessary Expenses.. ...................... 18,500
============
Total, Research and ...................... $1,075,950
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The agreement provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The agreement provides $561,700,000 for NIFA, Extension
Activities.
The agreement directs NIFA to brief the Committees on the
distribution of extension resources to minority, socially
disadvantaged, and Tribal communities.
The following table reflects the agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $325,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 72,000
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 11,000
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 21,500
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,000
Rural Health and Safety Education 7 U.S.C. 26621(i)..... 4,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,000
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 2,000
Food Safety Outreach Program....... 7 U.S.C. 7625......... 10,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 1,000
Farmer Stress Assistance Network... 7 U.S.C. 5936......... 10,000
Enhancing Ag Opportunities for
Veterans (AgVets).
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d)....... 3,000
Food and Nutrition Education... ...................... 70,000
Farm Safety and Youth Farm ...................... 5,000
Safety Education Programs.
New Technologies for ...................... 1,600
Agricultural Extension.
Children, Youth, and Families ...................... 8,000
at Risk.
Federally Recognized Tribes ...................... 4,000
Extension Program.
------------
Total, Section 3(d)........ ...................... 88,600
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 500
Federal Administration--Other ...................... 7,100
Necessary Expenses for Extension
Activities.
------------
Total, Necessary Expenses.. ...................... 7,600
============
[[Page S1288]]
Total, Extension Activities ...................... $561,700
------------------------------------------------------------------------
integrated activities
The agreement provides $41,100,000 for NIFA, Integrated
Activities.
The following table reflects the amounts provided by the
agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 7,500
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,600
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 21,000
Program.
------------
Total, Integrated Activities... ...................... $41,100
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The agreement provides $1,617,000 for the Office of the
Under Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,162,026,000 for the Animal and
Plant Health Inspection Service (APHIS), Salaries and
Expenses.
The agreement provides increases within the base for high
priority initiatives in order to protect the plant and animal
resources of the Nation from pests and diseases, which
include the following: $1,000,000 to support the
establishment of an official Swine Health Improvement
Program; $500,000 to expand efforts for the suppression and
control of Mormon crickets in western States; $500,000 for
control and eradication of the spotted lanternfly; $500,000
for fruit fly management; $500,000 for feral swine
management; $500,000 to manage wildlife livestock conflict,
particularly as it pertains to sheep and goats in western
States; $500,000 for invasive catfish control in the
Chesapeake Bay; $450,000 to assist zoos, aquariums,
sanctuaries, and other related businesses in responding to
natural disasters; and $14,276,000 for Community Project
Funding/Congressionally Directed Spending.
The agreement encourages APHIS to initiate a scientific
evaluation of the impact of ``teachable moments'' on animal
welfare within 90 days of enactment of this Act.
The agreement continues to invest in the Avian Health
program and supports the Department's efforts to control and
respond to Highly Pathogenic Avian Influenza using transfers
from the Commodity Credit Corporation (CCC) as authorized by
the Animal Health Protection Act.
The agreement provides $17,500,000 for APHIS to implement
the Chronic Wasting Disease (CWD) Research and Management
Act. Specifically, of the amount provided for cervid health
activities, $12,500,000 shall be for APHIS to allocate funds
directly to State departments of wildlife, State departments
of agriculture, Native American Tribes, and research
institutions and universities to further develop and
implement CWD surveillance, testing, management, and response
activities. Within the remaining $4,500,000 provided for
cervid health activities, APHIS shall provide indemnity
payments and associated costs to remove infected and exposed
animals as expeditiously as possible. The agreement provides
$5,000,000 for Wildlife Services Methods Development for CWD
work at the National Wildlife Research Center and directs
APHIS to continue working with university collaborators to
provide research support to the overall effort to detect,
combat, and control CWD.
The agreement directs the Department to continue to provide
the tags and related infrastructure needed to comply with the
Federal Animal Disease Traceability rule (9 CFR 86),
including no less than $15,000,000 for electronic
identification (EID) tags and related infrastructure needed
for stakeholders to comply with the proposed rule, ``Use of
Electronic Identification Eartags as Official Identification
in Cattle and Bison'' (88 FR 3320), should that rule be
finalized.
The agreement directs the Secretary to issue a final rule
to update the Agricultural Quarantine Inspection (AQI) user
fee schedule in fiscal year 2024, if a final rule is
warranted based on the comments received on the proposed
rules. The agreement directs the Secretary to specifically
consider any comments submitted on the impact of the AQI fee
structure on small aircraft as part of its regulatory review
process and to consider the impact on tribally owned small
aircraft operations as required under Executive Order 13175.
Further, the agreement directs the Secretary to provide the
Committees with a detailed rationale for its decision if
regulatory relief is not granted in this area and its
compliance with Executive Order 13175.
The Secretary is prohibited from purchasing, deploying, or
training third parties on the use of M-44 sodium cyanide
ejector devices (``M-44s''), including any components or
parts, or sodium fluroacetate (``Compound 1080''), except for
activities directly related to the removal of M-44s that have
been placed on Federal, Tribal, State and private land. The
agreement directs the department to update the Committees
within 30 days of enactment of this Act on implementing this
directive.
The agreement is concerned with data transparency regarding
the Mormon cricket and grasshopper management program and
directs APHIS to make public the following data at the county
level (where such data does not result in privacy concerns)
and state level by fiscal year: covered acreage, number of
treatments, cost incurred by APHIS, and the pesticide used
for each spray aggregated at the county level for the last
five years and going forward.
The agreement directs APHIS to take immediate steps to
ensure that licensees and registrants know threats or
intimidation of Federal inspectors can result in legal or
regulatory actions. In extreme cases, they may be considered
Federal criminal violations. APHIS should instruct inspectors
to correctly report instances of threats, intimidations, etc.
under 9 CFR 2.4 as ``critical'' violations, as required in
the Animal Care Inspection Guide. In severe cases or for
repeat violators, APHIS should consider suspension or
revocation of the license or registration.
The following table reflects the agreement:
(in thousands of dollars)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $40,000
Aquatic Animal Health...................................... 4,500
Avian Health............................................... 65,000
Cattle Health.............................................. 111,000
Equine, Cervid, and Small Ruminant Health.................. 35,000
National Veterinary Stockpile.............................. 6,000
Swine Health............................................... 26,500
Veterinary Biologics....................................... 21,000
Veterinary Diagnostics..................................... 63,000
Zoonotic Disease Management................................ 21,000
------------
Subtotal, Animal Health................................ 393,000
Agricultural Quarantine Inspection (Appropriated).......... 35,500
Cotton Pests............................................... 15,500
Field Crop & Rangeland Ecosystems Pests.................... 12,000
Pest Detection............................................. 29,000
Plant Protection Methods Development....................... 21,500
Specialty Crop Pests....................................... 215,000
Tree & Wood Pests.......................................... 59,000
------------
Subtotal, Plant Health................................. 387,500
Wildlife Damage Management................................. 122,500
Wildlife Services Methods Development...................... 25,500
------------
Subtotal, Wildlife Services............................ 148,000
Animal & Plant Health Regulatory Enforcement............... 18,500
Biotechnology Regulatory Services.......................... 19,500
------------
Subtotal, Regulatory Services.......................... 38,000
Contingency Fund........................................... 250
Emergency Preparedness & Response.......................... 44,500
------------
Subtotal, Emergency Management......................... 44,750
Agriculture Import/Export.................................. 18,750
Overseas Technical & Trade Operations...................... 25,500
------------
Subtotal, Safe Trade................................... 44,250
Animal Welfare............................................. 37,250
Horse Protection........................................... 3,500
------------
Subtotal, Animal Welfare............................... 40,750
APHIS Information Technology Infrastructure................ 4,000
Physical/Operational Security.............................. 5,000
Rent and DHS Payments...................................... 42,500
------------
Subtotal, Agency Management............................ 51,500
------------
Community Project Funding/Congressionally Directed Spending 14,276
------------
Total, Direct Appropriation........................ $1,162,026
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The agreement provides $1,000,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The agreement provides $222,887,000 for Agricultural
Marketing Service (AMS), Marketing Services. The agreement
includes $6,000,000 for the Acer Access and Development
program, $12,000,000 for the Dairy Business Innovation
Initiatives program, and $5,000,000 for the Micro-Grants for
Food Security program.
The agreement expects AMS to revise applicable Federal
Purchase Program Specifications to make wild-caught catfish
eligible for purchases and to work with wild-caught catfish
processors to become approved providers.
LIMITATION ON ADMINISTRATIVE EXPENSES
The agreement provides a limitation on administrative
expenses of $62,596,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $21,501,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund:
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts).............. $30,801,267
Less Transfers:
Food and Nutrition Service....................... -28,784,623
Commerce Department.............................. -377,363
------------------
Total, Transfers............................. -29,161,986
Budget Authority, Farm Bill.......................... 1,657,384
Appropriations Temporarily Reduced-- -83,356
Sequestration...................................
------------------
Budget Authority, Appropriations Act................. 1,574,028
Less Obligations:
Child Nutrition Programs (Entitlement 485,000
Commodities)....................................
State Option Contract............................ 5,000
Removal of Defective Commodities................. 1,660
Disaster Relief.................................. 5,000
Additional Fruits, Vegetables, and Nuts Purchases 206,000
Fresh Fruit and Vegetable Program................ 195,000
Estimated Future Needs........................... 561,742
------------------
Total, Commodity Procurement................. 1,459,402
[[Page S1289]]
Administrative Funds:................................
Commodity Purchase Support....................... 37,178
Marketing Agreements and Orders.................. 21,501
------------------
Total, Administrative Funds.................. 58,679
------------------
Total Obligations............................ $1,518,081
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The agreement provides $1,000,000 for Payments to States
and Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The agreement includes a limitation on inspection and
weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The agreement provides $1,117,000 for the Office of the
Under Secretary for Food Safety.
Food Safety and Inspection Service
The agreement provides $1,190,009,000 for the Food Safety
and Inspection Service (FSIS). This amount includes up to
$1,000,000 for the inspection of wild caught invasive species
in the order Siluriformes and family Ictaluridae, including
blue catfish in the Chesapeake Bay.
The agreement reaffirms the safety of both farm-raised and
wild-caught catfish subject to FSIS inspection.
The following table reflects the agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal.............................................. $1,066,390
State................................................ 67,462
International........................................ 20,885
Public Health Data Communications Infrastructure 35,272
System..............................................
------------------
Total, Food Safety and Inspection Service........ $1,190,009
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The agreement provides $1,527,000 for the Office of the
Under Secretary for Farm Production and Conservation.
USDA requires producers and landowners to obtain a farm and
tract number to participate in certain USDA programs. This
requirement creates a barrier for some landowners,
particularly those with heirs' property issues, who cannot
enroll in these programs because they do not have--and have
not been able to get--a farm and tract number. USDA is
directed to submit a proposal to the Committees immediately
that will allow these landowners to participate, while still
maintaining a record that uniquely identifies participating
landowners that will serve as an alternative means to achieve
the purposes of the farm and tract number process.
The agreement is concerned with the Department's
implementation of the Emergency Relief Program, 2022. The
agreement expects the Department to carry out programs in a
manner consistent with Congressional intent and in
consultation with the Committees.
The agreement directs the Secretary to explore all options
to assist aquaculture producers impacted by severe weather,
including exercising the authority under Section 1501(d) of
the Agricultural Act of 2014 to include drought as adverse
weather for Farm-Raised Fish under the Emergency Assistance
for Livestock, Honeybees, and Farm-Raised Fish Program
(ELAP).
Farm Production and Conservation Business Center
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $244,183,000 for the Farm Production
and Conservation Business Center. In addition, $60,228,000 is
transferred from the CCC.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,209,307,000 for Farm Service
Agency, Salaries and Expenses.
The agreement notes that recent droughts have contributed
to a dramatic increase in southern pine beetle infestations.
The agreement is concerned about the severity of observed
tree mortality, as well as the economic and ecological
challenges posed to private forest landowners. The agreement
emphasizes that the Emergency Forest Restoration Program
(EFRP) was established to assist landowners impacted by
natural disasters (including drought and insect
infestations), and that previously appropriated funds are
currently available to operate the program in fiscal year
2024. Of the unobligated balances available for EFRP, FSA is
encouraged to address assistance to landowners impacted by
southern pine beetle outbreaks in counties designated by USDA
as primary natural disaster areas due to drought in the
fourth quarter of fiscal year 2023 or first quarter of fiscal
year 2024. The agreement urges the FSA National Office to
work in coordination with the U.S. Forest Service and state
forestry agencies to expedite the delivery of program
assistance to landowners in areas impacted by drought and
insect infestation.
In including, under the Further Continuing Appropriations
and Other Extensions Act, 2024 (P.L. 118-22), the same
formula used for supplemental dairy margin coverage (DMC) in
Title I of the Agricultural Act of 2014 as an adjustment to
production history for dairy margin coverage, Congress
intended for the Secretary to administer without interruption
such supplemental or adjusted coverage and to fulfill any
contractual obligation of the Department to a dairy that paid
a premium based on a full calendar year of coverage.
Therefore, the agreement asserts that the Secretary had
uninterrupted authority to make payments to participating
dairies with which the Department was under a contract during
any month of calendar year 2023 and to continue to address
errors, omissions, and appeals from dairy operations arising
out of the Supplemental DMC program.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,209,307
Transfer from ACIF....................................... 305,803
------------
Total, FSA Salaries and expenses....................... $1,515,110
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The agreement provides $6,500,000 for State Mediation
Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The agreement provides $7,000,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The agreement provides such sums as may be necessary for
the Dairy Indemnity Program.
GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS
The agreement provides $3,500,000 for the Reimbursement
Transportation Cost Payment Program for Geographically
Disadvantaged Farmers and Ranchers.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $10,685,584,000 for the Agricultural
Credit Insurance Fund (ACIF) program account.
The following table reflects the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Guaranteed............................................... $3,500,000
Direct................................................... 3,100,000
------------
Subtotal, Farm Ownership Loans........................... 6,600,000
Farm Operating Loans:
Unsubsidized Guaranteed.................................. 2,118,491
Direct................................................... 1,633,000
------------
Subtotal, Farm Operating Loans........................... 3,751,491
Emergency Loans............................................ 37,667
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Relending Program.......................................... 61,426
Indian Highly Fractionated Land............................ 5,000
Boll Weevil Eradication.................................... 60,000
------------
Total, Loan Authorizations............................. 10,685,584
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................... 27,598
Unsubsidized Guaranteed.................................. 1,483
------------
Subtotal, Farm Operating Subsidies....................... 29,081
Emergency Loans............................................ 3,507
Relending Program.......................................... 19,368
Indian Highly Fractionated Land............................ 1,577
Boll Weevil Eradication Loans.............................. 258
------------
Total, Loan Subsidies.................................. 53,791
ACIF Expenses:
Salaries and Expenses.................................... 305,803
Administrative Expenses.................................. 20,250
------------
Total, ACIF Expenses................................... $326,053
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The agreement provides $65,637,000 for Risk Management
Agency (RMA), Salaries and Expenses.
The agreement notes the importance of viable crop insurance
policies to sugarcane growers in the Rio Grande Valley. The
agreement expects RMA to ensure consistent and fair
application of policy requirements by Approved Insurance
Providers, including on water requirements on irrigated
policies.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The agreement provides $914,899,000 for Natural Resources
Conservation Service, Conservation Operations.
The agreement provides $14,751,000 for the Snow Survey and
Water Forecasting Program; $10,751,000 for the Plant
Materials Centers; $86,757,000 for the Soil Surveys Program;
and $773,495,000 for Conservation Technical Assistance, of
which $10,000,000 is for the Grazing Lands Conservation
Initiative and $1,000,000 is for Phragmite control. The
agreement does not provide funding for conservation equity
agreements. The agreement also includes $3,000,000 for a
cost-share program for the construction and repair of
perimeter fencing and $7,000,000 for the Office of Urban
Agriculture.
To better support historically underserved producers, the
agreement encourages NRCS to hire staff fluent in non-English
languages, experienced in Traditional Ecological Knowledge
(TEK)-based practices, and familiar with a range of operation
types and business structures.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The agreement provides $35,000,000 for Watershed and Flood
Prevention Operations (WFPO).
[[Page S1290]]
WATERSHED REHABILITATION PROGRAM
The agreement provides $1,000,000 for the Watershed
Rehabilitation Program.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The agreement provides such sums as may be necessary for
the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides such sums as may be necessary for
Reimbursement for Net Realized Losses of the Commodity Credit
Corporation.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
The agreement provides a limitation of $15,000,000 for
Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The agreement provides $1,620,000 for the Office of the
Under Secretary for Rural Development. The agreement notes
that careful consideration was given to unobligated balances
in determining the levels provided in this title.
The agreement encourages Rural Development (RD) to
prioritize proposals for the Meat and Poultry Processing
Expansion Program that support the processing of invasive
wild-caught catfish.
The agreement requests the Department explore options to
streamline and coordinate existing Federal programs serving
border colonias and farmworkers, including housing,
healthcare, water infrastructure, and broadband programs,
including consideration of establishing an `Office of
Colonias and Farmworker Initiatives'.
Rural Development
salaries and expenses
(including transfers of funds)
The agreement provides $801,079,000 for Salaries and
Expenses of Rural Development, including a direct
appropriation of $351,087,000.
The agreement continues to provide funding to update or
retire legacy systems and directs USDA to submit quarterly
updates on IT improvements.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
The agreement provides a total budget authority of
$572,184,000 for activities under the Rural Housing Insurance
Fund Program Account.
The following table indicates loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)
Direct................................................... $880,000
Single Family Relending Demonstration.................... 5,000
Unsubsidized guaranteed.................................. 25,000,000
Housing repair (sec. 504).................................. 25,000
Rental housing (sec. 515).................................. 60,000
Multi-family guaranteed (sec. 538)......................... 400,000
Site development loans (sec. 524).......................... 5,000
Credit sales of acquired property.......................... 10,000
Self-help housing land development (sec. 523).............. 5,000
Farm labor housing......................................... 15,000
============
Total, Loan authorizations............................. $26,405,000
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................... $84,480
Single Family Relending Demonstration.................... 2,288
Housing repair (sec. 504).................................. 4,338
Rental housing (sec. 515).................................. 20,988
Multifamily Housing Revitalization......................... 34,000
Farm labor housing (sec. 514).............................. 5,222
Site development loans (sec. 524).......................... 477
Self-help land development (sec. 523)...................... 637
------------
Total, loan subsidies.................................. 152,430
Farm labor housing grants.................................. 7,500
------------
Total, loan subsidies and grants....................... 159,930
Administrative expenses (transfer to RD)................... 412,254
============
Total, Loan subsidies, grants, and administrative $572,184
expenses..............................................
------------------------------------------------------------------------
rental assistance program
The agreement provides $1,608,000,000 for the Rental
Assistance Program.
The agreement accepts the Department's proposal to decouple
the Rental Assistance Program from Section 515 direct loans.
This strategy should only be used when all other methods of
preservation are exhausted and should prioritize properties
that are near maturity. In implementing this policy, the
agreement directs the Department to have strong stakeholder
engagement and to provide the Committees with monthly updates
on the implementation of this policy.
rural housing voucher account
The agreement provides $48,000,000 for the Rural Housing
Voucher Account.
mutual and self-help housing grants
The agreement provides $25,000,000 for Mutual and Self-Help
Housing Grants.
rural housing assistance grants
The agreement provides $35,000,000 for Rural Housing
Assistance Grants.
The following table reflects the grant levels provided by
the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants...................... $25,000
Housing preservation grants................................ 10,000
============
Total, grant program................................... $35,000
------------------------------------------------------------------------
rural community facilities program account
(including transfers of funds)
The agreement provides $18,000,000 for the Rural Community
Facilities Program Account. Section 778 provides $505,023,927
for Community Project Funding/Congressionally Directed
Spending for Community Facilities projects.
The agreement directs the Department to submit a report to
the Committees of all direct loans where there was a
completed favorable analysis for eligibility but that were
subsequently determined to be ineligible due to population
calculation changes or other modeling errors, including a
description of actions taken by the Department to minimize
disruption to community planning initiatives and prevent
future inaccurate determinations.
The following table reflects the loan, subsidy, and grant
amounts provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans.......................................... $2,800,000
CF guaranteed loans...................................... 650,000
Loan subsidies and grants:
CF grants................................................ 5,000
Rural Community Development Initiative................... 5,000
Tribal college grants.................................... 8,000
============
Total, subsidy and grants.............................. $18,000
------------------------------------------------------------------------
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
The agreement provides $66,615,000 for the Rural Business
Program Account. The agreement provides $1,600,000,000 in
loan authority for the Business and Industry Guaranteed Loan
Program. The agreement provides $500,000 for transportation
technical assistance and provides $4,000,000 for grants to
benefit Federally Recognized Native American Tribes, of which
$250,000 shall be used to continue the American Indian and
Alaska Native passenger transportation development and
assistance initiative.
An additional $9,465,000 is provided in Section 780 for
Rural Business Development Grants.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................... $1,600,000
Loan subsidy and grants:
Business and industry guaranteed loans................... 38,080
Rural business development grants........................ 20,535
Delta Regional Authority/ARC/NBRC/SWBRC.................. 8,000
============
Total, Rural Business Program subsidy and grants....... $66,615
------------------------------------------------------------------------
intermediary relending program fund account
(including transfer of funds)
The agreement provides $7,503,000 for the Intermediary
Relending Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level..................................... $10,000
Subsidies and administrative expenses:
Direct loan subsidy level................................ 3,035
Administrative Expenses.................................. 4,468
============
Subtotal, subsidies and administrative expenses.......... $7,503
------------------------------------------------------------------------
rural economic development loans program account
The agreement provides $50,000,000 in loan authority for
the Rural Economic Development Loans Program Account.
rural cooperative development grants
The agreement provides $24,600,000 for Rural Cooperative
Development Grants. Of amounts made available, $13,000,000 is
for the Value-Added Producer Grant Program and $2,800,000 is
for the Appropriate Technology Transfer for Rural Areas
Program.
rural microentrepreneur assistance program
The agreement provides $5,000,000 for the Rural
Microentrepreneur Assistance Program.
rural energy for america program
The agreement provides $50,000,000 in loan authority for
the Rural Energy for America Program.
healthy food financing initiative
The agreement provides $500,000 for the Healthy Food
Financing Initiative and notes that additional funding was
provided for this program through the American Rescue Plan
Act.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
The agreement provides $595,972,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans....................... $860,000
[[Page S1291]]
Water and waste guaranteed loans................... 50,000
Subsidies and grants:
Water and waste direct loan subsidy................ 73,670
Water and waste revolving fund..................... 1,000
Water well system grants........................... 5,000
Grants for Colonias, Native Americans, and Alaska 65,000
Native Villages...................................
Water and waste technical assistance grants........ 35,000
Circuit Rider program.............................. 21,817
Solid waste management grants...................... 4,000
High energy cost grants............................ 8,000
Water and waste disposal grants.................... 255,000
Community Project Funding/Congressionally Directed 117,485
Spending..........................................
306A(i)(2) grants.................................. 10,000
==================
Total, subsidies and grants...................... $595,972
------------------------------------------------------------------------
rural electrification and telecommunications loans program account
(including transfer of funds)
The agreement provides $42,568,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account.
The following table indicates loan and subsidy levels
provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB........................................ $2,167,000
Direct, Treasury................................... 4,333,000
Guaranteed underwriting............................ 900,000
Rural Energy Savings Program....................... 20,000
------------------
Subtotal, electric................................. 7,420,000
Telecommunications:
Direct, treasury rate.............................. 550,000
Loan subsidy:
Direct, treasury rate.............................. 5,720
Rural Energy Savings Program....................... 3,578
Administrative expenses.............................. 33,270
==================
Total, budget authority.......................... $42,568
------------------------------------------------------------------------
distance learning, telemedicine, and broadband program
The agreement provides $169,959,000 for the Distance
Learning, Telemedicine, and Broadband Program.
The following table reflects the loan, subsidy, and grant
levels provided by the agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Subsidy and grants:
Distance learning and telemedicine grants.......... $40,000
DLT Community Project Funding/Congressionally 9,574
Directed Spending.................................
Broadband ReConnect Loans and Grants............... 90,000
ReConnect Community Project Funding/Congressionally 10,385
Directed Spending.................................
Broadband telecommunications program:
Community Connect Grants........................... 20,000
==================
Total, subsidies and grants...................... $169,959
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The agreement provides $1,127,000 for the Office of the
Under Secretary for Food, Nutrition, and Consumer Services.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
The agreement provides $33,266,226,000 for Child Nutrition
Programs.
The agreement is concerned that USDA's Thrifty Food Plan
adjustment for Hawaii omits the price of food in rural and
remote regions of the state. The agreement encourages USDA to
review the adjustment and include the price of food
throughout the state of Hawaii.
The agreement provides the following for Child Nutrition
Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $16,625,141
School breakfast program................................ 6,140,966
Child and adult care food program....................... 4,244,181
Summer food service program............................. 859,291
Summer EBT Benefits..................................... 2,522,000
Special milk program.................................... 6,651
State administrative expenses........................... 743,591
Commodity procurement................................... 1,948,518
Team Nutrition.......................................... 18,004
Food safety education................................... 4,196
Coordinated review...................................... 10,000
Computer support and processing......................... 33,738
CACFP training and technical assistance................. 50,996
Child Nutrition Program studies and evaluations......... 21,005
Child Nutrition payment accuracy........................ 15,515
Farm to school tactical team............................ 6,433
School meals equipment grants........................... 10,000
Child Nutrition Training................................ 1,000
Farm to School Grants................................... 5,000
===============
Total............................................... $33,266,226
------------------------------------------------------------------------
special supplemental nutrition program for women, infants, and children
(wic)
For the Special Supplemental Nutrition Program for Women,
Infants, and Children, the agreement provides $7,030,000,000.
The agreement directs the Secretary to not reduce the
maximum monthly allowance with respect to milk when
submitting a final rule to the proposed rule entitled
``Special Supplemental Nutrition Program for Women, Infants,
and Children (WIC): Revisions to the WIC Food Packages''
published in the Federal Register on November 21, 2022 (87
Fed. Reg. 71090). In finalizing this rule, USDA is also
encouraged to consider the impact a whole grain only cereal
standard may have on WIC participant cereal options and
consumption of essential nutrients.
supplemental nutrition assistance program
The agreement provides $122,382,521,000 for the
Supplemental Nutrition Assistance Program. The agreement does
not provide the requested $100,000,000 within mandatory other
program costs to establish a new grant program.
FNS is encouraged to work with Medicaid practitioners
through the SNAP-Ed program to provide nutrition education to
their patients on the importance of a healthy diet to prevent
negative health outcomes.
The agreement provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits............................................. $108,300,851
Contingency reserve.................................. 3,000,000
Administrative costs:
State administrative costs......................... 5,874,192
Nutrition Education and Obesity Prevention Grant 524,000
Program...........................................
Employment and Training............................ 663,465
Mandatory other program costs...................... 397,352
Discretionary other program costs.................. 6,998
------------------
Administrative subtotal.............................. 7,466,007
Nutrition Assistance for Puerto Rico (NAP)........... 2,930,332
American Samoa....................................... 11,768
Food Distribution Program on Indian Reservations..... 165,001
TEFAP commodities.................................... 463,750
Commonwealth of the Northern Mariana Islands......... 34,812
Community Food Projects.............................. 5,000
Program access....................................... 5,000
------------------
Subtotal............................................. 3,615,663
==================
Total............................................ $122,382,521
------------------------------------------------------------------------
commodity assistance program
The agreement recommends an appropriation of $480,070,000
for the Commodity Assistance Program. This includes
$389,000,000 for the Commodity Supplemental Food Program;
$10,000,000 for the Farmers' Market Nutrition Program;
$80,000,000 for administrative funding for the Emergency Food
Assistance Program; and $1,070,000 for the Food Donation
Programs for Pacific Island Assistance.
nutrition programs administration
The agreement provides $177,348,000 for Nutrition Programs
Administration.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The agreement provides $932,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
Office of Codex Alimentarius
The agreement provides $4,922,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
The agreement provides $227,330,000 for the Foreign
Agricultural Service and a transfer of $6,063,000.
Food for Peace Title II Grants
The agreement provides $1,619,107,000 for Food for Peace
Title II Grants and an additional $68,476,000 in Section 778
of this division. The agreement also notes the Secretary's
announcement on October 24 that USDA would allocate an
additional $1,060,000,000 from the CCC for international food
assistance.
McGovern-Dole International Food for Education and
child nutrition program grants
The agreement provides $240,000,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.
Commodity Credit Corporation Export (Loans)
credit guarantee program account
(including transfers of funds)
The agreement provides $6,063,000 for the Commodity Credit
Corporation Export (Loans) Credit Guarantee Program Account.
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)
The agreement provides $3,522,150,000 in discretionary
budget authority and $3,199,632,000 in definite user fees for
a total of $6,721,782,000. This total does not include
permanent, indefinite user fees for the Mammography Quality
Standards Act; Color Certification; Export Certification;
Priority Review Vouchers Pediatric Disease; Food and Feed
Recall; Food Reinspection; Voluntary Qualified Importer
Program; the Third Party Auditor Program; Outsourcing
Facility; and Over-the-Counter Monograph.
The agreement notes that, since fiscal year 2014, Congress
has increased FDA budget authority by $1,065,023,000 to meet
operational needs so that the agency can respond to issues
such as the infant formula crisis, as well as invest in new
technologies to advance drug and device safety. In addition
to this funding, the FDA has also received an additional
$1,060,000,000 in emergency spending for public health
emergencies to address COVID, Zika, and Ebola. In the current
fiscal climate, funding decisions need to be reevaluated,
therefore FDA is directed to submit to the Committees a
table, totaling at
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least $50,000,000 of funds that can be repurposed to meet the
following items identified in the budget: ALS, Drug and
Device Shortages, and Information Technology, and at least
$8,500,000, of which $7,000,000 is for Cosmetics Regulation
Implementation and $1,500,000 is to be used to Reduce Animal
Testing through Alternative Methods. In addition, the
agreement directs the FDA to maintain fiscal year 2023
funding levels for the Neurology Drug Program and the
Emerging Chemical and Toxicology Issues Program. The
agreement provides specific amounts by FDA activity as
reflected in the following table:
FOOD AND DRUG ADMINISTRATION SALARIES & EXPENSES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods................................................. $1,185,989
Center for Food Safety and Applied Nutrition.......... 404,806
Field Activities.................................... 781,183
Human Drugs........................................... 719,540
Center for Drug Evaluation and Research............... 513,638
Field Activities.................................... 205,902
Biologics............................................. 267,130
Center for Biologics Evaluation and Research.......... 219,828
Field Activities.................................... 47,302
Animal Drugs and Feeds................................ 229,362
Center for Veterinary Medicine........................ 148,484
Field Activities.................................... 80,878
Devices and Radiological Products..................... 444,534
Center for Devices and Radiological Health............ 352,697
Field Activities.................................... 91,837
National Center for Toxicological Research.............. 77,505
Other Activities/Office of the Commissioner............. 224,427
White Oak Consolidation................................. 52,498
Other Rent and Rent Related Activities.................. 154,879
GSA Rent................................................ 166,286
---------------
Subtotal, Budget Authority.......................... 3,522,150
User Fees:
Prescription Drug User Fee Act.......................... 1,422,104
Medical Device User Fee and Modernization Act........... 362,381
Human Generic Drug User Fee Act......................... 613,538
Biosimilar User Fee Act................................. 31,109
Animal Drug User Fee Act................................ 33,500
Animal Generic Drug User Fee Act........................ 25,000
Tobacco Product User Fees............................... 712,000
---------------
Subtotal, User Fees................................. 3,199,632
===============
Total, FDA Program Level........................ $6,721,782
------------------------------------------------------------------------
The agreement applauds FDA's efforts to advance precision
oncology, which is improving patients' access to new targeted
therapies and immunotherapies, and notes that FDA has a
voluntary pilot program intended to evaluate the risks when
targeted cancer treatments are approved without a companion
diagnostic. The agreement directs FDA to provide a report
lining its goals and metrics for success (including how the
pilot program is consistent with a risk-based approach
designed to protect patients from inaccurate test results)
prior to expanding the initial phase of the pilot program,
initiating a reclassification, or proposing modifications to
existing companion diagnostic guidance.
The agreement recognizes FDA has completed its first pre-
market consultation for a human food made from cultured
animal cells. The agreement requests a report to the
Committees within 90 days of enactment of this Act outlining
the pre-market consultation process for cell-cultured protein
products and any agency plans to coordinate with its
counterparts at USDA on further action regarding the same
products.
The agreement recognizes that FDA has the authority, when
necessary, to ban a device for one or more intended uses when
it finds the device demonstrates substantial deception or
unreasonable risk.
Prior to dedicating resources on front of package labeling
activities, the agreement requests that FDA submit an
explanation of FDA's statutory authority to impose such
mandatory labeling requirements.
The agreement notes that there is some controversy
regarding the use of enriched enrollment, randomized
withdrawal (EERW) clinical trial designs. The agreement thus
directs FDA to continue to review the value of EERW
methodology for its use in evaluating new marketing
applications for prescription opioid analgesics and to review
EERW's use in approving opioid analgesics currently on the
market.
In 2022, Congress passed legislation to update the Family
Smoking Prevention and Tobacco Control Act to close a
loophole that certain manufacturers were exploiting to
circumvent regulation. The legislation stated that to remain
in the market, manufacturers must receive an authorization
from the FDA Center for Tobacco Products by July 14, 2022. To
date, FDA has not granted any authorizations for synthetic
products. The agreement understands that products containing
synthetic nicotine continue to remain in the market. The
agreement strongly urges the Center for Tobacco Products to
immediately remove any product containing synthetic nicotine
from the market whether or not such product is the subject of
a pending Premarket Tobacco Product Application (PMTA)
application filed in 2022, until such applications for
synthetic products are authorized.
The agreement notes that the Tropical Disease Priority
Review Voucher (PRV) Program was authorized in 2007 to
provide an important incentive for the development of a drug
or biological product for the prevention or treatment of a
tropical disease from an established list of ``qualifying''
tropical diseases, and this list has not been updated since
July 2020. Given that PRV programs are a critical pathway for
the development of medical products to treat or prevent rare
tropical diseases, FDA is directed to maintain the necessary
resources to evaluate PRV candidates in a timely manner.
The agreement commends the strong and consistent leadership
of the Center for Biologics and continues to closely monitor
the promise of cell and gene therapy for patients,
particularly children. The agreement expresses support for
FDA leadership's commitment to remain the gold standard in
understanding novel treatments and reviewing them based on
current science and with all due urgency where unmet medical
need exists.
The agreement notes that the Office of Congressional
Appropriations has been operating without a permanent
director since June of 2022 and directs the Commissioner to
prioritize filling this position.
The agreement directs FDA to brief the Committee within 120
days of enactment of this Act regarding the agency's existing
tools to comprehensively track prescription drugs imported
into the U.S. through section 804 importation programs as
well as enforcement resources available to ensure that FDA
can ensure safe and effective imports.
The agreement is concerned by reports of both drug and
device companies knowingly withholding research that showed
their products had adverse health outcomes. The agreement
requests a briefing within 90 days of enactment of this Act
regarding the agency's surveillance and enforcement efforts
to ensure accountability for companies that withhold material
information concerning unsafe drug products.
buildings and facilities
The agreement provides $5,000,000 for FDA Buildings and
Facilities.
FDA Innovation Account, Cures Act
(including transfer of funds)
The agreement provides $50,000,000 for FDA as authorized in
the 21st Century Cures Act.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
(including transfer of funds)
The agreement provides $365,000,000 for the Commodity
Futures Trading Commission.
Farm Credit Administration
limitation on administrative expenses
The agreement includes a limitation of $94,300,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund at USDA.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding indirect
cost share.
Section 705.--The bill includes language regarding the
availability of loan funds in Rural Development programs.
Section 706.--The bill includes language regarding new
information technology systems.
Section 707.--The bill includes language regarding fund
availability in the Agriculture Management Assistance
program.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses for the Farm Service
Agency.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of USDA employees.
Section 721.--The bill includes language requiring spend
plans.
Section 722.--The bill includes language regarding
electronically available information for prescribing
healthcare professionals.
Section 723.--The bill includes language regarding Rural
Development programs.
Section 724.--The bill includes language regarding USDA
loan program levels.
Section 725.--The bill includes language regarding credit
card refunds and rebates.
Section 726.--The bill includes language regarding the
definition of the term ``variety'' in SNAP.
Section 727.--The bill includes language regarding the
Secretary's authority with respect to the 502 guaranteed loan
program.
Section 728.--The bill includes language regarding user
fees.
Section 729.--The bill includes language regarding a
rescission of funds.
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Section 730.--The bill includes language regarding the Food
Safety and Inspection Service.
Section 731.--The bill includes language regarding country
or regional audits.
Section 732.--The bill includes language regarding a
rescission of funds.
Section 733.--The bill includes language regarding a
rescission of funds.
Section 734.--The bill includes language regarding U.S.
iron and steel products in public water or wastewater
systems.
Section 735.--The bill includes language regarding
lobbying.
Section 736.--The bill includes language regarding
persistent poverty counties.
Section 737.--The bill includes language regarding
investigational use of drugs or biological products.
Section 738.--The bill includes language regarding the
growing, harvesting, packing, and holding of certain produce.
Section 739.--The bill includes language regarding the
school breakfast program.
Section 740.--The bill includes language regarding hemp.
Section 741.--The bill includes language regarding matching
fund requirements.
Section 742.--The bill includes language regarding land
ownership.
Section 743.--The bill provides funding for a pilot program
related to multi-family housing borrowers.
Section 744.--The bill includes language regarding a
rescission of funds.
Section 745.--The bill includes language regarding the Food
and Drug Administration.
Section 746.--The bill includes language regarding Food for
Peace.
Section 747.--The bill includes language relating to the
use of raw or processed poultry and seafood products from the
People's Republic of China in various domestic nutrition
programs.
Section 748.--The bill includes language regarding certain
school food lunch prices.
Section 749.--The bill includes language regarding
biotechnology risk assessment research.
Section 750.--The bill includes language regarding USDA
reorganizations.
Section 751.--The bill includes language regarding the
Agriculture Conservation Experiences Services Program.
Section 752.--The bill includes language regarding the
ReConnect program.
Section 753.--The bill provides funding for the Water Bank
program.
Section 754.--The bill includes language regarding FDA
advice about eating seafood.
Section 755.--The bill provides funding for Meat and
Poultry Processing Expansion.
Section 756.--The bill includes language regarding Rural
Economic Area Partnership Zones.
Section 757.--The bill includes language related to Rural
Development Programs.
Section 758.--The bill provides funding for a pilot
program.
Section 759.--The bill includes language regarding
listeria.
Section 760.--The bill includes language regarding Section
523 Housing.
Section 761.--The bill includes language regarding Section
524 Housing.
Section 762.--The bill includes language regarding the
Multifamily Mortgage Foreclosure Act.
Section 763.--The bill includes language regarding sodium
reductions.
Section 764.--The bill provides funding for bison
marketing.
Section 765.--The bill provides funding for bison
inspection.
Section 766.--The bill includes language regarding a
rescission of funds.
Section 767.--The bill includes language regarding Animal
and Plant Health Inspection Service pay.
Section 768.--The bill includes language regarding the
Federal Meat Inspection Act.
Section 769.--The bill includes language regarding child
nutrition programs.
Section 770.--The bill includes language regarding child
nutrition programs.
Section 771.--The bill provides funding to carry out
section 2103 of Public Law 115-334.
Section 772.--The bill provides funding to carry out
section 12502 of Public Law 115-334.
Section 773.--The bill includes language regarding the
Dietary Guidelines.
Section 774.--The bill includes language regarding
Community Facility programs.
Section 775.--The bill includes language regarding certain
unobligated balances.
Section 776.--The bill includes language regarding certain
unobligated balances.
Section 777.--The bill includes language regarding certain
unobligated balances.
Section 778.--The bill includes language repurposing funds.
Section 779.--The bill includes language regarding the
Nonrecurring Expenses Fund.
Section 780.--The bill includes language regarding certain
unobligated balances.
Section 781.--The bill includes language regarding
genetically engineered salmon.
Section 782.--The bill provides funding for an Institute
for Rural Partnerships.
Section 783.--The bill provides funding for a working
group.
Section 784.--The bill includes language regarding certain
unobligated balances.
Section 785.--The bill includes language regarding a
rescission of funds.
Section 786.--The bill provides funding for a pilot
program.
Section 787.--The bill includes language regarding land
purchases.
Section 788.--The bill includes language regarding certain
unobligated balances.
Section 789.--The bill includes language regarding certain
unobligated balances.
Section 790.--The bill includes language regarding certain
unobligated balances.
Section 791.--The bill includes language regarding certain
unobligated balances.
Section 792.--The bill includes language regarding the
Office of the General Counsel.
Section 793.--The bill includes language regarding
Livestock Mandatory Reporting.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in Senate Report 118-
62 (``the Senate report'') carries the same weight as
language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement or the act.
While some language is repeated for emphasis, it is not
intended to negate the language referred to above unless
expressly provided herein. In cases where the Senate report
directs the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations (``the Committees'').
Each department and agency funded in this act shall follow
the directions set forth in this act and the accompanying
explanatory statement and shall not reallocate resources or
reorganize activities except as provided herein.
Reprogramming procedures shall apply to: funds provided in
this act; unobligated balances from previous appropriations
acts that are available for obligation or expenditure in
fiscal year 2024; and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2024. These procedures are specified in section
505 of this act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or
in the Senate report and not changed by this act, shall be
construed as the position of the Congress and shall not be
subject to reductions or reprogramming without prior approval
of the Committees. Further, any department or agency funded
in this act that plans a reduction-in-force shall notify the
Committees by letter no later than 30 days in advance of the
date of any such planned personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile
the differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2024, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 528 of this act, each department
and agency funded in this act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after the date of
enactment of this act.
The Government Accountability Office (GAO) shall conduct
ongoing reviews of large National Aeronautics and Space
Administration (NASA) projects and major research equipment
and facilities construction at the National Science
Foundation, with reports to the Committees on a semiannual
basis. The agencies shall provide access to all necessary
data, as determined by GAO, in order for these reviews to be
completed and provided to the Committees in a timely manner.
The departments and agencies funded in this act are
directed to submit reports by the deadlines detailed herein
or to provide advance notification if there is sufficient
reason why deadlines cannot be met, along with the expected
date of submission.
Some enduring reporting requirements from previous
appropriations laws may no longer be necessary for
congressional oversight purposes. In the interest of reducing
government waste and expediting responses to current report
mandates, each department or agency is invited to submit a
list of reporting requirements that it considers outdated or
no longer relevant for the review of the Committees. Any list
submitted for review shall cite the original authority, as
well as a justification for eliminating each reporting
requirement.
For fiscal year 2024, all agencies and departments funded
in this act are directed to follow prior year direction
adopted in Public Law 116-93, on the following topics for
this fiscal year: ``Fighting Waste, Fraud, and Abuse,''
``Federal Vehicle Fleet Management,'' ``Reducing Duplication
and Improving Efficiencies,'' ``Reprogrammings,
Reorganizations, and Relocations,'' ``Congressional Budget
Justifications,'' ``Reporting Requirements'' and
``Reductions-in-Force.''
The agreement urges the Departments of Commerce and
Justice, the National Science Foundation, and NASA to work
with the Office of Management and Budget to reduce printing
and reproduction costs and directs each agency to report to
the Committees within 60 days of enactment of this act on the
steps it has taken to achieve this goal. The report should
specifically identify how much funding each agency expects to
save by implementing these measures.
The agreement directs each of the agencies funded by this
act to comply with 31 U.S.C. 1115, including the development
of their organizational priority goals and outcomes such as
performance outcome measures, output measures, efficiency
measures, and customer service measures. The agreement
further directs agencies funded in this act to report on
their plans to comply with the requirements of 31 U.S.C. 1115
within 90 days of enactment of this act.
Each agency funded in this act shall ensure that its
employees understand and are in compliance with 5 C.F.R.
2635.101.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $623,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $12,000,000 in estimated fee collections, resulting
in a direct appropriation of $611,000,000.
For fiscal year 2024, ITA is directed to continue following
the directive under the heading ``Antidumping and
Countervailing Duties (AD/CVD) Evasion'' in the joint
explanatory statement accompanying Public Law 117-328.
Travel and Tourism.--The agreement provides up to the
requested level of $3,500,000 for ITA to implement the
``Visit America Act.''
Aluminum Import Monitoring (AIM).--The agreement encourages
ITA to regularly consult with U.S. aluminum manufacturers to
ensure the AIM system supports the full value chain of the
U.S. aluminum industry.
Indo-Pacific Operations.--The agreement notes that trade is
an area of cooperation frequently requested by Pacific
Islands nations and provides an opportunity for the United
States to reinforce itself as the partner of choice in a
region with increasing competition from the People's Republic
of China (PRC). The agreement directs ITA to provide a report
to the Committees, no later than 180 days after the enactment
of this act, that summarizes Foreign Commercial Service (FCS)
operations in the Indo-Pacific and details any proposals for
increasing U.S. business and investment in the region.
State Department Coordination.--The agreement acknowledges
the PRC's unfair trade practices and economic coercion, in
particular, as part of its Belt and Road Initiative. The
agreement directs FCS to coordinate with the U.S. Department
of State to ensure FCS officers are aligning their activities
with U.S. foreign policy and located in regions critical to
strategic competition, including competition with the PRC.
The agreement further directs ITA to provide a report to the
Committees, no later than 180 days after the enactment of
this act, summarizing its coordination efforts with the State
Department.
Ukraine.--The agreement directs ITA to provide a report to
the Committees, no later than 180 days after enactment of
this act, identifying ways to facilitate the expansion of
U.S. economic engagement with Ukraine. The report should
identify ways to increase direct engagement with Ukrainian
businesses and ITA programs that could be harnessed to assist
with Ukraine's agricultural sector while enhancing U.S.
export competitiveness.
Supply Chain Resilience.--The Senate report language under
this same heading is clarified to encourage ITA, within the
funds provided, to establish a supply chain resiliency office
within Industry and Analysis. The agreement also encourages
ITA, within funds provided, to prioritize efforts to support
the resilience of supply chains that are critical to U.S.
national security and economic competitiveness.
United States-Mexico-Canada Agreement (USMCA)
Secretariat.--The agreement provides up to the fiscal year
2023 enacted level for ITA to continue to support the U.S.
Section of the Secretariat, authorized by the USMCA
Implementation Act (Public Law 116-113).
Rural Export Assistance.--The agreement encourages ITA to
prioritize expanding international trade opportunities for
rural businesses. The agreement provides no less than the
fiscal year 2023 enacted level for rural export centers (REC)
and no less than $1,500,000 for the national rural export
center. Prior to obligating funds to open any new REC, hire
additional staff based at such new centers, and modify
existing rural export centers, ITA shall submit a detailed
spending plan, which shall include a staffing plan and a
justification for the establishment of any new center or
modification of an existing center.
Section 232 Tariff Exclusions.--The Senate report language
under this heading is clarified to provide up to the fiscal
year 2023 enacted level to support the review of requests for
exclusion from steel and aluminum tariffs applied under
section 232 of the Trade Expansion Act of 1962.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The agreement includes $191,000,000 for the Bureau of
Industry and Security (BIS).
Supply Chain Security.--The agreement supports the
enforcement and implementation of BIS's responsibilities
related to Executive Order 13873, ``Securing the Information
and Communications Technology and Services Supply Chain.''
Export Control Reform Act.--BIS is encouraged to identify
emerging foundational technologies and establish appropriate
controls pursuant to section 1758 of Public Law 115-232.
Multilateral Export Control Regimes.--The agreement directs
BIS to report to the Committees, not later than 180 days
after enactment of this act, on a strategy for working with
partners and allies on a bilateral or plurilateral basis to
secure binding commitments to control technologies of foreign
adversaries that could support military modernization or
human rights abuses.
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BIS Efforts Relating to the PRC.--BIS is directed to report
to the Committees, no later than 90 days after enactment of
this act, on the resources, staffing, and operational
capability needed to adequately conduct licensing, review,
targeting, and enforcement activities as they relate to
entities under the control of the PRC.
American Manufacturing.--The agreement encourages BIS to
continue engagement with Congress on efforts to reinvigorate
American manufacturing.
Export Control Regulatory Compliance Assistance.--In
addition to the language in the Senate report under the same
heading, the agreement clarifies that BIS shall also work
with ITA U.S. Export Assistance Centers as BIS engages with
small- and medium-sized exporters to conduct export control
outreach and education events that target small- and medium-
sized exporters.
Economic Development Administration
The agreement includes $468,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA).
Economic Development Assistance Programs
The agreement includes $400,000,000 for Economic
Development Assistance Programs. Any deviation of funds shall
be subject to the procedures set forth in section 505 of this
act. Funds are to be distributed as follows:
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Public Works............................................... $100,000
Partnership Planning....................................... 34,500
Technical Assistance....................................... 14,000
Research and Evaluation.................................... 2,000
Trade Adjustment Assistance................................ 13,500
Economic Adjustment Assistance............................. 33,000
Assistance to Indigenous Communities....................... 5,000
Assistance to Coal Communities............................. 75,000
Assistance to Biomass Communities.......................... 4,500
Regional Innovation Program Grants......................... 50,000
Good Jobs Challenge........................................ 25,000
Regional Technology and Innovation Hubs.................... 41,000
STEM Apprenticeship Program................................ 2,500
============
Total, Economic Development Assistance Programs........ $400,000
------------------------------------------------------------------------
Economic Assistance for Communities.--The agreement
encourages EDA to treat as acceptable, any funding provided
by other Federal programs that are explicitly authorized to
be used for any required non-Federal share of the cost of a
project so that funding from both agencies may be used if
necessary and to the extent permitted by law.
Assistance to Coal Communities.--The agreement provides
$75,000,000 for Assistance to Coal Communities. To diversify
and enhance economic opportunities within the Appalachian
region and within other regions across the country that have
been economically impacted by job losses in coal mining,
plant operations, and related supply chains, the agreement
expects EDA to work creatively to transform historic and
transitioning coal communities.
Regional Innovation Program (RIP).--The agreement provides
$50,000,000 for RIP grants. The agreement also urges EDA to
invest in university based, high-tech business incubators to
diversify distressed manufacturing communities and legacy
urban and rural communities by encouraging entrepreneurship
and patent creation, and promoting technology
commercialization through business startups. The agreement
further encourages EDA to support the development of regional
innovation clusters that focus on advanced wood products.
Regional Technology and Innovation Hubs (Tech Hubs).--The
agreement provides $41,000,000 for the Tech Hubs program and
clarifies that EDA may award planning grants and
implementation grants. The agreement encourages EDA to
support consortia that have developed proven regional
strategies that bridge urban and rural economies to deliver
innovative solutions in partnership with rural areas.
Working Waterfronts.--Working waterfronts have long been an
important component of the U.S. economy supporting commercial
and recreational activities. Within funding provided, no less
than $5,000,000 is for projects to revitalize, expand, and
upgrade the physical infrastructure of working waterfronts to
attract new industry, encourage business expansion, diversify
local economies, and generate or retain long-term private
sector jobs and investment.
SALARIES AND EXPENSES
The agreement includes $68,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $68,250,000 for the Minority
Business Development Agency (MBDA).
Business Center and Specialty Project Center Programs.--The
agreement adopts the Senate language under the heading
``Native Entities'' and encourages MBDA to coordinate with
the Department's Office of Native American Business
Development on these efforts.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $125,000,000 for Economic and
Statistical Analysis (ESA).
Data Transparency.--The agreement provides up to $5,000,000
for private data acquisition and directs ESA to use a
competitive process when soliciting private sector data.
Bureau of the Census
The agreement includes $1,382,500,000 for the Bureau of the
Census (``Census Bureau''). The agreement approves the
requested technical adjustments (transfers) in the agency's
congressional budget submission.
Cyber Vulnerabilities.--The agreement directs the Census
Bureau to prioritize cyber protections and high standards of
data differential privacy, while also maintaining the
accuracy of the data. The Census Bureau is expected to keep
the Committees updated on these efforts.
CURRENT SURVEYS AND PROGRAMS
The bill provides $328,500,000 for the Current Surveys and
Programs account.
Population Estimate Challenge Program.--The agreement
provides up to $6,200,000 to support the Population Estimates
program and to improve the annual estimates upon which
communities across the country rely.
PERIODIC CENSUSES AND PROGRAMS
The bill provides $1,054,000,000 in direct appropriations
for the Periodic Censuses and Programs account.
Ask U.S. Panel Survey.--The Census Bureau is directed to
provide a report to the Committees, not later than 90 days
after enactment of this act, on the Ask U.S. Panel Survey's
methodology, data collection processes, implementation,
incurred and projected costs, procurement strategy, and plans
to address any recommendations made by the Department's
Office of Inspector General (OIG).
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $57,000,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA).
Advanced Communications Research.--The agreement provides
up to the fiscal year 2023 enacted level for Advanced
Communications Research.
Office of Internet Connectivity and Growth.--The agreement
provides up to the fiscal year 2023 enacted level for the
Office of Internet Connectivity and Growth.
Rural Broadband Coordination.--The agreement encourages
NTIA to equally prioritize the deployment of the Nationwide
Public Safety Broadband Network (NPSBN) in rural communities
and in urban areas.
Broadband Equity, Access, and Deployment Program.--The
agreement directs NTIA to conduct a cost-benefit analysis of
the most efficient and economical means of broadband
deployment to connect unserved rural areas and report to the
Committees on its findings no later than 180 days after the
enactment of this act.
FACILITIES MANAGEMENT AND CONSTRUCTION
The agreement includes $2,000,000 for necessary expenses
for the design, construction, alteration, improvement,
maintenance, and repair of buildings and facilities managed
by NTIA.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$4,195,799,000, to be derived from offsetting fee collections
estimated for fiscal year 2024 by the Congressional Budget
Office.
National Institute of Standards and Technology
The agreement includes $1,460,000,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,080,000,000 for NIST's Scientific
and Technical Research and Services (STRS) account. Unless
otherwise specified, the agreement clarifies that all
programs identified in the Senate report are funded up to the
fiscal year 2023 enacted levels.
Forensic Sciences.--The agreement provides funding for
forensic science research, including up to $3,500,000 to
support the Organization of Scientific Area Committees, up to
$1,500,000 for a competitive Standards Development
Organization grant, and up to $1,500,000 to support technical
merit evaluations.
Digital Twins.--The agreement supports digital twins as a
tool for intelligent decision-making in key U.S. industries
and encourages NIST to partner with non-governmental
organizations and other Federal agencies to create a testbed
for development of best practices and interoperability
standards for the implementation of digital twins throughout
U.S. industry and across the Federal Government.
Synthetic Biology.--The agreement encourages NIST to
sustain and expand its work to develop synthetic biology
metrology and standards in alignment with Public Law 117-167.
The agreement directs NIST to provide a report to the
Committees, no later than 180 days after the enactment of
this act, detailing its five-year plan to advance research
innovation in synthetic biology and the resources required,
including projected and out year costs, as well as staffing
to implement this plan.
Cybersecurity and Privacy Standards.--The agreement
supports the following areas up to
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the fiscal year 2023 enacted level: vulnerability management;
cryptography and privacy programs; identity and access
management; software security; infrastructure with a
particular focus on Domain Name System and Border Gateway
Protocol security; improving usability of cybersecurity; the
National Initiative for Cybersecurity Education with a
particular focus on expanding the office and personnel
capacity to support the workforce requirements authorized in
Public Law 116-238; and Internet of Things security.
Critical and Emerging Technologies.--The agreement includes
no less than the fiscal year 2023 enacted level to support
NIST's standards development work across areas of critical
and emerging technology. Within the funds provided, NIST is
encouraged to increase support for the four areas outlined in
the agency's budget submission: artificial intelligence,
quantum information science, biotechnology, and advanced
communications research and standards.
Cybersecurity Education.--In addition to the directive in
the Senate report under the heading ``Cybersecurity'' the
agreement encourages NIST to support regional alliances and
multistakeholder partnerships as detailed in section 303(f)
of the Cybersecurity Enhancement Act (Public Law 113-274).
The agreement further encourages NIST to support national
cybersecurity challenges as authorized in section 205 of the
Cybersecurity Enhancement Act.
Cloud Computing.--The agreement encourages NIST to publish
descriptions and definitions of the latest cloud
characteristics, service models, deployment models, and
multi-cloud. The agreement encourages NIST to include in its
description of ``multi-cloud'' the characteristics of
software technology that allow for data, application, and
program portability. Additionally, the agreement encourages
NIST to consider interoperability between multiple cloud
computing software vendors and between public, private, and
edge cloud environments.
Research on Age Verification and Age Estimation
Technologies.--The agreement directs NIST, as part of its
ongoing research and testing under sections 10226 and 10223
of Public Law 117-167, to include research and testing of age
verification and age estimation technologies, in consultation
with the Federal Trade Commission, and in compliance with all
applicable laws.
Cybersecurity.--Consistent with the recommendations adopted
in Public Law 117-328, the agreement encourages NIST to
provide updates on reducing its Cryptographic Module
Validation Program (CMVP) backlog. Additionally, the
agreement urges NIST to consider liaising with or detailing
qualified cryptographic professionals from other parts of the
Federal Government. The current CMVP backlogs pose a
potential security risk to Federal Information Processing
Standards, which will only increase as emerging quantum
computing challenges grow. The agreement encourages NIST to
continue its ongoing efforts to streamline the review process
and provide updates about planning for new announcements and
future requirements.
Sustainable Mass Timber Construction Materials.--The
agreement encourages NIST to continue support for emerging
industries, including cross-laminated timber.
Artificial Intelligence (AI).--The agreement provides no
less than the fiscal year 2023 enacted level for NIST's
ongoing AI research and measurement science efforts and to
execute its responsibilities pursuant to Executive Order
14110, ``Safe, Secure, and Trustworthy Development and Use of
Artificial Intelligence.'' Within the funds provided, up to
$10,000,000 is available for the establishment of a U.S. AI
Safety Institute.
Blockchain Research at the National Cybersecurity Center of
Excellence (NCCOE).--The agreement encourages the NCCOE to
research challenges with blockchain and distributed ledger
technologies and to leverage the resources at the NCCOE to
explore the advancement of distributed ledger technologies.
Further, the agreement encourages the NCCOE to consider these
technologies in relation to the competitive position of the
United States, to research the ability to foster uniform
standards that allow for global collaboration in
communications and free trade, and to explore any government
use cases with the potential for ancillary adoption by the
private sector.
Addressing Wildfire Risks.--The agreement includes up to
the fiscal year 2023 enacted level for Wildfire and the
Wildland-Urban Interface-related research and directs NIST to
develop improved Wildland-Urban Interface risk exposure
metrics and tools to better assess and mitigate the fire
vulnerability of structures to protect at-risk communities.
NIST Center for Neutron Research (NCNR).--The agreement
provides up to the requested level for the NCNR for the
development and operation of innovative advanced neutron
instrumentation and expertise.
NIST STRS Community Project Funding/NIST External
Projects.--The agreement includes $222,841,000 for NIST STRS
Community Project Funding/NIST External Projects. The
agreement directs NIST to provide the funding for the
projects listed in the table titled, ``Community Project
Funding/Congressionally Directed Spending'' at the end of
this joint explanatory statement in the corresponding
amounts. The agreement further directs NIST to perform the
same level of oversight and due diligence as with any other
external partners.
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $212,000,000 for Industrial
Technology Services (ITS), including $175,000,000 for the
Hollings Manufacturing Extension Partnership (MEP). The
agreement also provides $37,000,000 for the Manufacturing USA
Program.
National Manufacturing Extension Partnership Supply Chain
Database.--The agreement directs NIST to create a permanent,
centralized database so that manufacturers have access to a
comprehensive MEP database network, as required by Public Law
117-167.
Creating Helpful Incentives to Produce Semiconductors
(CHIPS) Environmental Review Process.--The agreement urges
NIST to continue exploring opportunities to expedite the
National Environmental Policy Act (NEPA) review process to
ensure grant funds are expeditiously distributed to qualified
projects and semiconductor fabrication plant construction
continues without delay. The agreement directs NIST to
provide to the Committees, no later than 90 days after the
enactment of this act, a report detailing a strategy that
identifies potentially applicable NEPA categorical exclusions
and streamlined environmental assessment procedures,
including an analysis with criteria and funding thresholds,
that details how NIST is determining which projects are
covered under the definition of ``major federal action,'' as
amended by Public Law 118-5.
CHIPS Awards Supporting the Semiconductor Supply Chain.--
The agreement encourages NIST to support geographically-
diverse investments in small- and medium-sized semiconductor
companies as it continues advancing CHIPS incentive awards to
develop domestic semiconductor manufacturing capability and
its corresponding supply chain.
Reporting on CHIPS Awards Upside Sharing and Funding
Milestones.--Within 60 days of the enactment of this act, the
agreement directs NIST to provide a briefing on any upside
sharing agreements made between NIST and a recipient of CHIPS
funds, as detailed in the Department of Commerce's Notice of
Funding Opportunity (NOFO) entitled, ``CHIPS Incentives
Program--Commercial Fabrication Facilities,'' and in
compliance with all applicable laws. Further, the agreement
directs NIST to provide quarterly reports to the Committees
on any amounts received by the agency through upside sharing
agreements, including a detailed description of how NIST
plans to use these funds, and directs NIST to include in
these reports updates on funds clawed back or withheld from
an applicant due to a failure to meet designated milestones
highlighted in the NOFO.
The National Semiconductor Technology Center (NSTC).--The
agreement urges NIST to ensure the establishment of the NSTC
is transparent, competitive, and operated by a qualified
entity. The agreement directs NIST to consider the importance
of geographic diversity in the selection of NSTC facilities
and affiliated technical centers.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement provides $168,000,000 for NIST construction,
of which $87,758,000 is available for Safety, Capacity,
Maintenance, and Major Repairs (SCMMR). The agreement
acknowledges an additional $57,400,000 is available through
prior year unobligated balances for SCMMR in fiscal year 2024
and directs NIST to prioritize addressing the growing backlog
of facilities maintenance and improvements, including those
highlighted in the budget request.
NIST Extramural Construction.--The agreement includes
$80,242,000 for NIST Extramural Construction and directs NIST
to provide the funding for the projects listed in the table
titled, ``Community Project Funding/Congressionally Directed
Spending'' at the end of this joint explanatory statement in
the corresponding amounts. The agreement further directs NIST
to perform the same level of oversight and due diligence as
with any other external partners.
National Oceanic and Atmospheric Administration
The agreement directs NOAA to incorporate the funding
levels established in both the table and the narrative
direction when executing its budget for fiscal year 2024.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$4,946,007,000 under this account, for NOAA's coastal,
fisheries, marine, weather, satellite, and other programs.
This total funding level includes $4,548,485,000 in direct
appropriations, a transfer of $369,522,000 from balances in
the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' fund, and $28,000,000
derived from recoveries of prior year obligations. The
following narrative descriptions and tables identify the
specific activities and funding levels included in this act.
Fire Weather.--The Senate language on ``Fire Weather'' is
adopted. In addition, NOAA is encouraged to utilize and share
its satellite imagery and weather forecasts with interested
Federal, state, Tribal, and local partners, and land
managers, to improve information dissemination related to
wildfire events. Real-time data on wildfire smoke levels
could improve Federal agencies' ability to develop strategies
to mitigate smoke hazards and allow NOAA to issue more
accurate and timely wildfire smoke alerts.
Management and Administrative Costs.--To ensure financial
transparency, NOAA is strongly encouraged to limit management
and administrative (M&A) and NOAA-wide support service costs
charged to programs, projects, and activities (PPAs) to cover
[[Page S1401]]
shared expenses and administrative staff, with a goal of
limiting to 5 percent of annual appropriations. As part of
the spending plan, NOAA is directed to include the M&A and
NOAA-wide support service amounts charged within each line
office as well as the methodologies used to assess costs.
Further, as part of the fiscal year 2025 budget request, NOAA
is directed to include estimated costs as well as to propose
how to consolidate these costs either through existing or new
PPAs.
National Ocean Service (NOS).--$671,502,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning................. $183,702
Hydrographic Survey Priorities/ Contracts................ 31,500
IOOS Regional Observations............................... 42,500
Navigation, Observations and Positioning................... 257,702
Coastal Science and Assessment:
Coastal Science, Assessment, Response and Restoration.... 95,500
Competitive Research..................................... 20,000
Coastal Science and Assessment............................. 115,500
Ocean and Coastal Management and Services:
Coastal Zone Management and Services..................... 51,000
Coastal Zone Management Grants........................... 81,500
National Oceans and Coastal Security Fund................ 32,000
Coral Reef Program....................................... 33,500
National Estuarine Research Reserve System............... 33,300
Sanctuaries and Marine Protected Areas................... 67,000
Ocean and Coastal Management and Services.................. 298,300
============
Total, National Ocean Service, Operations, Research, $671,502
and Facilities........................................
------------------------------------------------------------------------
Hydrographic Charting.--The Senate direction regarding
``Hydrographic Charting'' is adopted. Further, NOAA is
encouraged to enter into charter agreements for the services
of not less than two private sector vessels to supplement its
charting and survey efforts to address the growing backlog of
unfulfilled missions, particularly those in Arctic waters.
Marine Debris.--The agreement provides no less than the
fiscal year 2023 enacted level for the Marine Debris Program.
In addition, the Infrastructure Investment and Jobs Act
(IIJA) (Public Law 117-58) provides $150,000,000 over five
years for marine debris assessment, prevention, mitigation,
and removal, including $30,000,000 in fiscal year 2024.
National Centers for Coastal Ocean Science (NCCOS).--The
agreement adopts Senate direction and provides not less than
$54,500,000 for NCCOS.
Harmful Algal Blooms (HABs).--Within funding for
Competitive Research, the agreement provides up to
$14,000,000 to accelerate deployment of effective methods of
intervention and mitigation to reduce the frequency,
severity, and impact of HAB events in marine and freshwater
systems. Due to concern with duplication, incompatibility,
and separation of data related to the causes and effects of
HABs, NOAA is directed to submit a report, no later than 180
days after the enactment of this act, that includes a survey
of all existing large freshwater body HAB-related data. NOAA
is encouraged to include recommendations for streamlining
access to this data, creating a centralized, all-in-one
access point, and cost effective synthesis and hosting of
disparate data sets.
National Harmful Algal Bloom Observing Network.--The
agreement provides not less than $3,500,000 for the National
Harmful Algal Bloom Observing Network.
Gulf of Mexico Hypoxic Mapping.--The agreement provides up
to $1,500,000 for the annual Gulf of Mexico Hypoxic Zone
Mapping Cruise.
Blue Carbon Research.--The agreement encourages NOAA to use
previously appropriated funds to support a pilot program on
blue carbon to advance NOAA's work to assess the carbon
sequestration potential of various coastal habitats, account
for regional differences, and identify some of the
biophysical, social, and economic pathways and impediments to
coastal blue carbon ecosystem protection, management, or
restoration.
Coral Reef Conservation Act.--The agreement adopts the
Senate direction regarding ``Coral Reef Program'' and directs
NOAA to report to the Committees not later than 60 days after
enactment of this act on the establishment of the Atlantic
Reef Research Coordination Institute and the Pacific Reef
Research Coordination Institute, as required under section
212 of the Reauthorization of the Coral Reef Conservation Act
of 2000 (title C of division J of Public Law 117-263).
NERRS Blue Ribbon Panel.--The agreement acknowledges the
National Estuarine Research Reserve System (NERRS) Blue
Ribbon Panel recommendations and directs NOAA to report to
the Committees, not later than 180 days after the enactment
of this act, on the number of research reserves that are
unable to meet Federal match requirements.
National Marine Fisheries Service (NMFS).--$1,113,797,000
is for NMFS Operations, Research, and Facilities.
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles, and Other Species........... $175,455
Species Recovery Grants.................................. 7,250
Atlantic Salmon.......................................... 8,000
Pacific Salmon........................................... 75,000
Protected Resources Science and Management................. 265,705
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and Services.... 161,500
Fisheries Data Collections, Surveys, and Assessments..... 205,851
Observers and Training................................... 58,383
Fisheries Management Programs and Services............... 147,250
Aquaculture.............................................. 24,000
Salmon Management Activities............................. 65,250
Regional Councils and Fisheries Commissions.............. 44,297
Interjurisdictional Fisheries Grants..................... 3,377
Fisheries Science and Management........................... 709,908
Enforcement................................................ 82,000
Habitat Conservation and Restoration....................... 56,184
============
Total, National Marine Fisheries Service, Operations, $1,113,797
Research, and Facilities..............................
------------------------------------------------------------------------
Marine Mammal Unusual Mortality Event (UME) Contingency
Fund.--Given the high number of active UMEs for marine
mammals, NMFS is encouraged to request funding for the Fund
as part of the fiscal year 2025 budget request.
Vessel Strike Reduction Actions.--NMFS issued a proposed
rule to amend the North Atlantic right whale (NARW) vessel
strike reduction rule in August 2022 (87 FR 46921).
Separately, in October 2023, NMFS denied a petition to
establish vessel speed measures to protect the Rice's whale
in the Gulf of Mexico. As directed in the Senate report,
before NOAA issues interim or final rules to protect
endangered whales, the agency shall engage with affected
stakeholders and incorporate relevant comments, including the
U.S. Coast Guard and U.S. Maritime Administration, as
appropriate, consistent with requirements under the
Administrative Procedure Act (Public Law 79-404).
In addition, NOAA is encouraged to use previously
appropriated funds to support a near real-time monitoring and
mitigation pilot program for NARWs as authorized under
section 11303 of the James M. lnhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263).
NOAA is further encouraged to work with other Federal
agencies, including the Office of Naval Research, the U.S.
Coast Guard, and the Bureau of Ocean Energy Management, as
well as industry and academia, to support technology
development, test and evaluation of whale monitoring
technologies through the National Oceanographic Partnership
Program. NOAA is encouraged to include funding for a pilot
program and a research and development initiative as part of
the fiscal year 2025 budget request.
Fishery Survey Contingency Fund.--The Senate language
regarding ``Fishery Survey Contingency Fund'' is adopted, and
the agreement provides $1,000,000 for this purpose.
Recreational Fishery Data.--The Senate language regarding
``Data Collection for Recreational Fisheries'' is adopted,
and the agreement directs NOAA to provide updates on the
agency's efforts to improve fishery data and modernize stock
assessments as part of NMFS quarterly briefings.
South Atlantic Reef Fish.--The Senate language regarding
``South Atlantic Reef Fish'' is adopted, and the agreement
further directs NMFS to prioritize the incorporation of data
from the South Atlantic Great Red Snapper Count into the
agency's stock assessment expeditiously to better inform
fishery management decisions. NOAA shall provide the
Committees with a progress update no later than 90 days after
enactment of this act.
State Management for Recreational Red Snapper.--In lieu of
the Senate language regarding ``State Management for
Recreational Red Snapper'', the agreement supports the full
integration of the Great Red Snapper Count data and Gulf
States catch data into stock assessment and directs NMFS to
continue to work with the Gulf States to ensure successful
implementation of state management for red snapper.
Gulf of Mexico Fisheries Research.--The Senate language on
``Gulf of Mexico Fisheries Research'' is amended to include
not less than $5,000,000 for fishery-independent grants to
academic partners.
Infrastructure to Support Sustainable Fisheries.--The
Senate language on ``North Atlantic Right Whales'' is
clarified to provide $36,000,000 to states through the
Atlantic States Marine Fisheries Commission, of which, given
the impacts of coastal erosion and increasing frequency and
severity of coastal storms, $10,000,000 shall be provided
through Fisheries Management Programs and Services to be used
to repair and renovate infrastructure to support more
sustainable fisheries.
Seafood Import Monitoring Program (SIMP).--The agreement
provides not less than the fiscal year 2023 enacted level for
SIMP.
Habitat Conservation and Restoration.--The agreement
provides $1,500,000 for management, intervention, and
mitigation of invasive European green crab. The Senate report
language on ``Northwest Straits Initiative'' is also adopted.
Office of Oceanic and Atmospheric Research (OAR).--
$656,053,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research:
Climate Laboratories and Cooperative Institutes.......... $104,102
Regional Climate Data and Information.................... 47,932
Climate Competitive Research............................. 72,116
Climate Research........................................... 224,150
Weather and Air Chemistry Research:
Weather Laboratories and Cooperative Institutes.......... 90,156
U.S. Weather Research Program............................ 39,100
Tornado Severe Storm Research/Phased Array Radar......... 20,916
Joint Technology Transfer Initiative..................... 12,000
Weather and Air Chemistry Research......................... 162,172
Ocean, Coastal, and Great Lakes Research:
Ocean Laboratories and Cooperative Institutes............ 39,500
National Sea Grant College Program....................... 80,000
[[Page S1402]]
Sea Grant Aquaculture Research........................... 14,000
Ocean Exploration and Research........................... 46,000
Integrated Ocean Acidification........................... 17,000
Sustained Ocean Observations and Monitoring.............. 52,500
National Oceanographic Partnership Program............... 2,500
Ocean, Coastal, and Great Lakes Research................... 251,500
Innovative Research and Technology:
High Performance Computing Initiatives................... 18,231
Innovative Research and Technology......................... 18,231
============
Total, Office of Oceanic and Atmospheric Research, $656,053
Operations, Research, and Facilities..................
------------------------------------------------------------------------
VORTEX-USA.--The agreement provides $11,000,000 for the
Verification of the Origins of Rotation in Tornadoes
Experiment (VORTEX)-USA, including no less than $10,500,000
for VORTEX-Southeast.
Genomics.--The Senate language regarding ``Genomics'' is
adopted, and the agreement provides not less than the fiscal
year 2023 enacted level to support ongoing initiatives,
including for extramural grants, to explore the deep oceans,
collect large numbers of biological samples, and to sequence
their genomes to advance pharmaceutical discovery.
American Lobster Research.--The Senate language on
``American Lobster Research'' is clarified to note that
research and extension activities should focus on stock,
fishery, and socioeconomic resilience in the face of
environmental and management changes, with the purpose of
informing stock assessment and future management actions.
National Weather Service (NWS).--$1,247,393,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations............................................... $251,462
Central Processing......................................... 110,500
Analyze, Forecast and Support.............................. 589,500
Dissemination.............................................. 116,979
Science and Technology Integration......................... 178,952
============
Total, National Weather Service, Operations, Research, $1,247,393
and Facilities........................................
------------------------------------------------------------------------
National Mesonet Program.--The agreement adopts Senate
language on the ``National Mesonet Program'' and provides not
less than the fiscal year 2023 enacted level and up to
$30,000,000 for the continuation and expansion of the
Program.
Advanced Hydrologic Prediction Services.--The proposed
elimination of the Advanced Hydrologic Prediction Services
System expansion is not accepted.
Hydrology and Water Resource Programs.--The agreement
provides not less than the fiscal year 2023 enacted level for
NOAA to support the Cooperative Institute for Research to
Operations in Hydrology (CIROH), including for the Water in
the West Initiative.
Weather Gaps.--The agreement acknowledges the precarious
state of the Colorado River and the Great Salt Lake and
encourages NOAA to request funding to fill gaps in addressing
severe weather and spring run-off issues in the western
United States.
Data Assimilation.--The Senate report language on ``Data
Assimilation'' is clarified to provide no less than the
fiscal year 2023 enacted level to support the Joint Effort
for Data Assimilation Integration at the Joint Center for
Satellite Data Assimilation.
National Environmental Satellite, Data and Information
Service (NESDIS).--$380,765,000 is for NESDIS Operations,
Research, and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Environmental Satellite Observing Systems:
Office of Satellite and Product Operations............... $250,165
Product Development, Readiness and Application........... 59,850
U.S. Group on Earth Observations......................... 750
Environmental Satellite Observing Systems.................. 310,765
National Centers for Environmental Information............. 70,000
============
Total, National Environmental Satellite, Data and $380,765
Information Service, Operations, Research, and
Facilities............................................
------------------------------------------------------------------------
NESDIS Regional Support.--The agreement encourages NESDIS
to consider deploying more of its subject matter expertise
regionally to demonstrate new uses of satellite data and
integrated information systems. NESDIS should educate and
partner with scientists and users in local communities who
can use and expand the applications of the data and learn
from those community users in the process.
National Centers for Environmental Information (NCEI).--The
Senate language on NCEI is adopted, and NOAA is encouraged to
fully support critical international partnerships, including
the Global Climate Observing System.
Mission Support.--$407,321,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support Services:
Executive Leadership..................................... $31,743
Mission Services and Management.......................... 181,436
IT Security.............................................. 16,393
Payment to the DOC Working Capital Fund.................. 71,299
Facilities Maintenance................................... 6,000
Office of Space Commerce................................. 65,000
Mission Support Services................................... 371,871
Office of Education:
BWET Regional Programs................................... 8,700
Jose E. Serrano Educational Partnership Program with 20,750
Minority Serving Institutions...........................
NOAA Education Program Base.............................. 6,000
Office of Education........................................ 35,450
============
Total, Mission Support, Operations, Research, and $407,321
Facilities............................................
------------------------------------------------------------------------
Office of Marine and Aviation Operations (OMAO).--
$329,677,000 is for OMAO Operations, Research, and
Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Marine Operations and Maintenance.......................... $204,000
Aviation Operations and Aircraft Services.................. 40,500
Autonomous Uncrewed Technology Operations.................. 21,677
NOAA Commissioned Officer Corps............................ 63,500
============
Total, Office of Marine and Aviation Operations........ 329,677
------------------------------------------------------------------------
Autonomous and Uncrewed Technology Operations.--The
agreement provides no less than the fiscal year 2023 enacted
level and up to $12,500,000 for agency-wide data acquisition
from commercial uncrewed maritime systems in support of
relevant operational missions.
NOAA Community Project Funding/NOAA Special Projects.--The
agreement directs NOAA to provide funding for the projects
listed in the table titled ``Community Project Funding/
Congressionally Directed Spending'' at the end of this joint
explanatory statement in the corresponding amounts,
consistent with NOAA's existing authorities, jurisdictions,
and procedures, as appropriate. NOAA shall perform the same
level of oversight and due diligence regarding these projects
as with any other external partners.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,776,866,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC). The following narrative
and table identify the specific activities and funding levels
included in this act.
PROCUREMENT, ACQUISITION, AND CONSTRUCTION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service:
National Estuarine Research Reserve Construction......... $8,500
Marine Sanctuaries Construction.......................... 4,000
------------
Total, NOS-PAC............................................. 12,500
============
Office of Oceanic and Atmospheric Research:
Research Supercomputing/CCRI............................. 50,000
Research Acquisitions and Management..................... 20,000
------------
Total, OAR-PAC............................................. 70,000
============
National Weather Service:
Observations............................................. 16,200
Central Processing....................................... 68,000
Dissemination............................................ 10,000
Facilities Construction and Major Repairs................ 10,000
------------
Total, NWS-PAC............................................. 104,200
============
National Environmental Satellite, Data and Information
Service:
Geostationary Systems-R (GOES-R)......................... 276,000
Polar Weather Satellites................................. 342,410
Space Weather Follow On.................................. 97,200
Low Earth Orbit (LEO).................................... 78,500
Geostationary Earth Orbit (GEO).......................... 285,000
Systems/Services Architecture and Engineering (SAE)...... 69,000
Space Weather Next....................................... 151,606
Common Ground Services................................... 114,000
Satellite CDA Facility................................... 2,450
------------
Total, NESDIS-PAC.......................................... 1,416,166
============
Mission Support:
NOAA Construction........................................ 64,000
------------
Total, MS-PAC.............................................. 64,000
============
Office of Marine and Aviation Operations:
Fleet Capital Improvements and Technology Infusion....... 28,000
Vessel Recapitalization and Construction................. 75,000
Aircraft Recapitalization and Construction............... 7,000
Total, OMAO-PAC............................................ 110,000
------------
Total, Procurement, Acquisition and Construction....... 1,776,866
============
------------------------------------------------------------------------
Geostationary Extended Observations (GeoXO).--NOAA is
directed to focus the delivery of the next-generation
geostationary satellite fleet, known as GeoXO, on improved
data for its weather forecasting missions, and to leverage
private sector advancements and innovative solutions to the
greatest extent possible. NOAA is encouraged to continue
partnering with NASA on the Geostationary Littoral Imaging
and Monitoring Radiometer (GLIMR) mission to de-risk the
ocean color instrument, as appropriate, for the GeoXO
program.
Systems/Services Architecture and Engineering.--The
agreement provides $500,000 above the fiscal year 2023
enacted level for the commercial data purchase and commercial
weather data pilot programs, which is to be divided between
the two programs as deemed appropriate. NOAA is encouraged to
evaluate commercial capabilities for hyperspectral microwave
sounder data through the commercial weather data pilot
program.
Vessel Recapitalization and Construction.--The Senate
language on ``Vessel Recapitalization and Construction'' is
clarified to direct NOAA to design the Class C vessels to
meet primary mission requirements for fishery surveys and
avoid additional requirements that add to complexity and cost
of the vessels. NOAA is encouraged to work with the regional
fishery commissions to conduct an independent analysis to
assess other fishery survey architectures that can improve
[[Page S1403]]
the reliability and resiliency of data acquisition via
partnerships with industry, academia, and states.
Aircraft Recapitalization.--In lieu of the funding level in
the Senate report for the replacement of the WP-3D Hurricane
Hunter aircraft, the agreement supports NOAA's acquisition of
two green aircraft to replace the existing WP-3D Hurricane
Hunter aircraft and expects the fiscal year 2025 budget
request to include sufficient funding for the modification
and instrumentation of those green aircraft.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for the Pacific Coastal
Salmon Recovery Fund (PCSRF) and directs that funds will be
available to Tribes without a matching requirement. NOAA is
directed to report on how its current priorities meet the
intent of the PCSRF to support the recovery and protection of
all declining salmon stocks.
FISHERIES DISASTER ASSISTANCE
The agreement provides $300,000 for Fisheries Disaster
Assistance.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $150,000,000 for traditional direct
loans.
RECREATIONAL QUOTA ENTITY FUND
The agreement allows for the establishment of a halibut
recreational quota entity as authorized under section 106 of
the Driftnet Modernization and Bycatch Reduction Act (title I
of division S of Public Law 117-328).
Departmental Management
SALARIES AND EXPENSES
The agreement includes $94,500,000 for Departmental
Management salaries and expenses.
United States-Ukraine Infrastructure Task Force.--The
agreement encourages the Department, in coordination with the
Departments of Transportation and State, to submit an update
to the Committees on the status of the potential U.S.-Ukraine
Infrastructure Task Force, specifically detailing: (1)
activities the U.S.-Ukraine Infrastructure Task Force is
considering to address Ukraine's immediate and long-term
infrastructure and reconstruction needs, including the
identification of any gaps or needs for infrastructure
projects and associated investment estimates, 27 with a focus
on Ukraine's transportation infrastructure; (2) analysis of
how U.S. private sector infrastructure stakeholders can be
further leveraged, including consideration of possible
private sector development initiatives; and (3) any barriers
preventing the Department from working with relevant agencies
on these tasks.
National Strategy to Combat Antisemitism.--The agreement
directs the Secretary to continue supporting the National
Strategy to Combat Antisemitism released on May 25, 2023.
RENOVATION AND MODERNIZATION
The agreement includes a total of $1,142,000 for the
Renovation and Modernization account.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $48,000,000 for the
Office of Inspector General (OIG).
GENERAL PROVISIONS--DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department of Commerce
salaries and expenses available for hire of passenger motor
vehicles, for services, and for uniforms and allowances as
authorized by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may deter child pornography, copyright
infringement, or any other unlawful activity over their
networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of
those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 allows the Secretary of Commerce to waive up to
50 percent of the cost sharing requirements for funds
provided in this act under section 315 of the Coastal Zone
Management Act of 1972.
Section 112 sets limitations on the Department's ability to
obligate unobligated balances of expired discretionary funds
transferred to the Nonrecurring Expenses Fund.
Section 113 allows for the establishment of Cooperative
Aviation Centers to aid in the recruitment of aviators for
the NOAA Commissioned Officer Corps.
Section 114 allows for the modification of the Ketchikan
port facility.
Section 115 allows the NOAA Administrator to establish an
alternative or fixed rate for relocation allowance, including
permanent change of station allowance.
TITLE II
DEPARTMENT OF JUSTICE
Justice Operations, Management, and Accountability
SALARIES AND EXPENSES
The agreement includes $142,000,000 for Justice Operations,
Management, and Accountability.
For fiscal year 2024, the agreement adopts the language in
the joint explanatory statement accompanying Public Law 117-
103 on ``Office of Legal Counsel (OLC) Opinions.'' In lieu of
language in the Senate report directing that funding for
programs, projects, and activities, across all Department of
Justice (DOJ) appropriations accounts, is provided at no less
than the fiscal year 2023 enacted levels, the agreement
directs the Department to prioritize such programs, projects,
and activities to the extent practicable.
Protecting Children from Online Predators.--The agreement
directs the Department to report to the Committees, within
120 days of the enactment of this act, its recommendations
for a coordinated approach between the Department, other
government entities, technology companies, and victim
services providers to address the rising prevalence of the
production and distribution of online child sexual abuse
materials (CSAM). Additionally, the agreement encourages the
Department to include in the report recommendations on
victim-centered policing strategies, a general assessment of
the resource needs of the Department and its State, local,
and Tribal law enforcement partner agencies to identify and
rescue victims of CSAM, and recommendations for other
strategies and best practices.
Combating Domestic Terrorism.--In lieu of Senate report
language under this same heading, the agreement directs the
Department to brief the Committees, within 90 days of the
enactment of this act, on the Department's assessment and
analysis, as previously directed in Senate Report 116-127,
under ``Combating Domestic Terrorism,'' and adopted by Public
Law 116-93.
Human Rights Crimes.--The agreement directs the Criminal
Division (CRM) and the U.S. Attorneys Offices (USAO) to
increase efforts to investigate and prosecute human rights
violations, including genocide, torture, use or recruitment
of child soldiers, war crimes, and other crimes committed by
human rights violators, particularly to support the newly-
established War Crimes Accountability Team's efforts to
respond to war crimes and other atrocities committed during
Russia's invasion of Ukraine, efforts to investigate and
prosecute war crimes committed during Hamas' October 7, 2023,
attack on Israel, and the added responsibilities of CRM to
prosecute war criminals under the Justice for Victims of War
Crimes Act (Public Law 117-351). For this purpose, the
agreement supports continued funding for CRM and USAO to
investigate and prosecute these cases.
The agreement directs the Department to report to the
Committees, within 120 days of enactment of this act, on all
investigations and prosecutions of human rights offenses and
other offenses committed by serious human rights violators
within each of the last five fiscal years, including the
efforts of CRM and USAO to increase the number of
prosecutions. The report should also include any
organizational or legal impediments to investigating and
prosecuting more human rights violators.
Combating Violent Crime in Indian Country.--The agreement
encourages the USAO to prioritize efforts to investigate and
prosecute violent crimes within their jurisdiction against
Native Americans and Alaska Natives that occur in Indian
Country, to maintain communication with victims and family
members about the status of ongoing investigations and cases,
and to provide as much information as possible on any
declinations. The agreement encourages DOJ and the Federal
Bureau of Investigation (FBI), in consultation with the
Bureau of Indian Affairs and state, local, and Tribal law
enforcement agencies, to notify the Committees of necessary
resources and cost estimates, including additional FBI
agents, to investigate, respond to, and prevent crimes in
Indian Country. The agreement further encourages the FBI to
increase recruitment, retention, and placement efforts in
order to fill existing positions in areas with large land-
based Tribes or with high instances of missing and murdered
Indigenous persons cases.
Emmett Till Unsolved Civil Rights Crimes Act.--The
agreement directs that the Department provide up to
$14,500,000 for Emmett
[[Page S1404]]
Till Act activities, including up to $10,000,000 for the FBI
and the Civil Rights Division's Cold Case Initiative; up to
$1,500,000 for the Community Relations Service to partner
with law enforcement agencies and communities to help resolve
conflicts resulting from the investigation of unsolved civil
rights era cases; and $3,000,000 for grants to State and
local law enforcement agencies for the use of modem DNA and
forensic tools to aid civil rights era cold case
investigations.
McGirt v. Oklahoma.--The agreement directs the Department
to ensure all McGirt-related needs are met, and further
directs the Department to allocate no less than the fiscal
year 2023 enacted levels for McGirt-related activities, by
component. The Department is directed to keep the Committees
apprised of any additional resources or needs relating to
McGirt, and, within 90 days of enactment of this act, the
Department shall update and submit the report required under
this heading in the joint explanatory statement accompanying
Public Law 117-328.
Voting Rights and Election Administrator Threats.--The
agreement encourages the Department to devote appropriate
resources to investigate credible threats made against
individuals associated with the electoral process, such as
election administrators, and encourages the Department to
make all policies and procedures related to the rights and
protections offered to such individuals publicly available on
its website. The agreement further encourages the Attorney
General to provide appropriate resources to ensure voting
rights are protected, pursuant to the U.S. Constitution,
Federal law, and proper adherence to the precedents of the
U.S. Supreme Court.
Analysis of Digital Evidence.--The agreement adopts the
directive under this heading in the Senate report, and
further directs the Department to brief the Committees, no
later than 90 days after the enactment of this act, regarding
the use of evidence from digital devices in the course of its
investigations.
Illegal Gambling.--In addition to the directive in the
Senate report under this same heading, the Department is
encouraged to pursue cases against illegal online sportsbooks
and casinos, as appropriate.
Update on Required Agency Research.--Consistent with the
directive contained under this heading in House Report 117-
395, as adopted by Public Law 117-328, the agreement directs
the Department to update the Committees on the progress
toward expanded researcher access to samples and strains of
marijuana for scientific research on marijuana-impaired
driving. The agreement expects the Department to provide the
briefing to the Committees, no later than 60 days after the
enactment of this act, and in advance of the publication of
the report, and recommendations required by Public Law 117-
58.
Third Party Settlements.--The agreement directs the
Department to report to the Committees, no later than 30 days
after the end of fiscal year 2024, on each settlement
negotiated or concluded by the Department during fiscal year
2024 that includes terms requiring the defendant to donate or
contribute funds to an organization or individual.
Felony Convictions.--The agreement directs the Department
to provide a briefing to the Committees, no later than 180
days after the enactment of this act, on the number of
Department employees who have been convicted of a felony
since January 1, 2017, and of that number, how many remain
employed and how many have been terminated by the Department.
Federal Law Enforcement Operations in the U.S. Caribbean.--
The agreement acknowledges the elevated homicide rates in
Puerto Rico and the U.S. Virgin Islands, and the link of such
crimes to illegal narcotics trafficking in the region. The
agreement expects the Department and the Organized Crime Drug
Enforcement Task Forces (OCDETF) to continue prioritizing
resources and joint operations to dismantle and prosecute
drug trafficking and money laundering organizations in the
region, including through the Caribbean Corridor Strike
Force.
Blockchain Analysis Tools.--In an effort to reduce crimes
involving the illicit use of cryptocurrency, the agreement
encourages the Department to acquire blockchain analysis
tools, attributed blockchain data, training on
cryptocurrency-related investigations, and cryptocurrency-
related investigative and analytical support. The agreement
directs the Department, including the FBI, the United States
Marshals Services, and the Asset Forfeiture Program, to
provide a briefing on its cryptocurrency-related activities
within 90 days of the enactment of this act.
Department of Justice Recusal Policies.--The agreement
directs the Department to continue implementing the policies
and procedures specified under this heading in the joint
explanatory statement accompanying Public Law 117-328. The
Department is further directed to continue to submit, no
later than 60 days after the enactment of this act, the
annual report as specified under this heading in the joint
explanatory statement accompanying Public Law 117-103. The
agreement clarifies that these policies and procedures are to
pertain to attorney recusals, formal or informal, predicated
on statutory, regulatory, and professional responsibility
requirements, conflicting financial interests, or concerns
related to impartiality or the appearance of impartiality.
Office of Inspector General (OIG) Referrals.--The agreement
adopts the language in the joint explanatory statement
accompanying Public Law 117-103 under the same heading. In
addition, the Department is directed to review the data
provided by OIG under section 405(b)(17) of title 5, United
States Code. OIG is directed, in its transmission of the
semiannual report under section 405(c) of title 5, United
States Code, to provide a statistical table showing the
number of OIG referrals that were declined for prosecution,
including, if practicable, an explanation of why cases were
declined for prosecution.
Countering Antisemitism.--The Department is directed to
report, within 60 days of the enactment of this act, its
plans to implement the National Strategy to Counter
Antisemitism released May 25, 2023.
Department of Justice Firearms and Ammunition.--The
agreement directs the Government Accountability Office to
update its 2018 report ``Purchases and Inventory Controls of
Firearms, Ammunition, and Tactical Equipment'' (GA0-19-175),
as it pertains to the Department.
Savanna's Act.--The agreement directs the Department to
provide recommendations on how data collection on missing or
murdered Indigenous people can be improved, consistent with
Savanna's Act (Public Law 116-165), and, within 90 days of
enactment of this act, directs the Department to brief the
Committees on its progress in implementing this legislation.
State Regulatory Frameworks.--The agreement urges the
Department, in coordination with the Department of the
Treasury, Alcohol and Tobacco Tax and Trade Bureau, and other
agencies which may have relevant regulatory expertise, to
coordinate an assessment of the adequacy of State marijuana
regulatory frameworks, including commonalities and novel
approaches to enforcement and oversight.
Illegal Vaping Products from the People's Republic of
China.--The agreement directs the Department, in coordination
with U.S. Customs and Border Protection, the Food and Drug
Administration, and other relevant agencies, to submit a
report, within 180 days of the enactment of this act, on
enforcement actions taken to halt, reduce, and prevent
illegal electronic nicotine delivery system (ENDS) products
from entering the stream of commerce within the United
States. The report shall assess: (1) all civil or criminal
actions filed in Federal court; (2) the volume of ENDS
products seized at ports of entry; and (3) civil monetary
penalties imposed.
Wildlife Trafficking.--In lieu of the Senate report
language, the agreement encourages the Attorney General to
continue submitting an annual report on the specific steps
the Department is taking to further address wildlife
trafficking and the illegal natural resources trade. The
agreement further encourages the Department to continue to
provide dedicated resources for investigating and prosecuting
wildlife trafficking crimes.
Recorded Law Enforcement Interviews.--The agreement directs
the Department to submit a report to the Committees, within
90 days of the enactment of this act, on the feasibility of
implementing procedures and protocols for conducting recorded
interviews using electronic audio and video recording
equipment of a target, subject, witness, or victim in
connection with an investigation of a Federal offense, or an
investigation in which a Department component is assisting a
state, local or Tribal law enforcement agency. The report
shall be specific to each of the Department's Federal law
enforcement components in terms of types of investigations,
interviewee notifications and consent requirements, and
exceptions required for those investigations, including when
audio- or video-recorded interviews are not practicable,
would interfere with the conduct of the investigation, or
would compromise the life or safety of the interviewee.
Finally, the agreement directs the Department to include in
the report cost estimates and timelines associated with
implementation, including equipment and data storage.
DOJ Grants Oversight.--The agreement directs the Department
to provide, in the fiscal year 2024 spend plan submitted
pursuant to section 528 of this act, a clear explanation of
how each solicitation for funds reserved under section
506(b)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10157) satisfies the requirement that such
funds be used ``to combat, address, or otherwise respond to
precipitous or extraordinary increases in crime, or in a type
or types of crime.''
District of Columbia Resources.--The agreement directs the
Department to submit to the Committees, within 90 days of
enactment of this act, a report on the Department's
investments in addressing increased crime in the District of
Columbia, as announced by the Department in January 2024. The
report should include data over the last five fiscal years
regarding prosecution rates for the offenses of homicide,
rape, robbery, aggravated assault, burglary, larceny, motor
vehicle theft, carjackings, and arson in the District of
Columbia.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $30,000,000 for Justice Information
Sharing Technology.
Executive Office For Immigration Review
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $844,000,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
derived by a transfer from the U.S. Citizenship and
Immigration Services Immigration Examinations Fee Account.
[[Page S1405]]
Disposition of EOIR Adjudications.--The agreement adopts
the directive in the Senate report under this heading. In
addition, the agreement directs EOIR to report to the
Committees, monthly throughout fiscal year 2024, the number
of cases, disaggregated by category, that have been
terminated, administratively closed, or dismissed.
Immigration Judge Training.--EOIR is directed to follow the
directive in the joint explanatory statement accompanying
Public Law 117-103 under this heading. In addition, the
agreement directs EOIR to ensure consistency in its training
for all current and new immigration judges (IJs).
Immigration Judge Hiring.--EOIR is directed to follow the
directive in the joint explanatory statement accompanying
Public Law 117-103 under this heading. In addition, the
agreement directs EOIR to report the number of IJs who did
not hear cases during the preceding month.
Immigration Case Backlog.--In addition to the directives
under ``Case Backlog and Reporting Requirements'' in the
Senate report, the agreement directs EOIR to report to the
Committees where and when the hiring procedures referred to
in the directive have been posted. The agreement further
directs EOIR to provide, no later than 120 days after the
enactment of this act, and monthly thereafter throughout
fiscal year 2024, all data from the IJ performance dashboard
from fiscal years 2020 through 2024. The agreement also notes
that EOIR's backlog of cases delays due process and justice--
in many cases, for years--for those who have a valid claim to
immigration benefits. Given the impact of the current backlog
of over 2,300,000 cases on EOIR's workforce, the agreement
directs EOIR to implement a performance appraisal program for
IJs, Assistant Chief IJs, and Appellate IJs, consistent with
recommendations made by the Government Accountability Office
(GAO-23-105431) with respect to workforce planning and
management best practices and OPM guidance. EOIR shall submit
a report to the Committees on the results of the performance
appraisal program and any modifications made following the
evaluation. Additionally, to assist with the backlog
reduction effort, the agreement directs EOIR to utilize
Assistant Chief IJs in the same capacity as IJs for the
purposes of maintaining a docket for master and individual
hearing cases, and further directs the Attorney General to
ensure that IJs hired in fiscal year 2024 will adjudicate
cases as their primary function.
EOIR Personnel Practices.--The agreement directs EOIR to
provide the Committees a report, no later than 90 days after
enactment of this act, on the practices related to the hiring
and terminations of IJs.
Legal Orientation Program (LOP).--In lieu of the Senate
language under the same heading, the agreement provides no
less than $28,000,000 for services provided by LOP. The
agreement requests an evaluation of the resources necessary
to provide LOP services at additional sites and notes the
particular need for legal services at more remote immigration
detention sites that are far from legal service providers in
urban centers. The agreement directs the Department to
utilize all appropriated funds solely for legitimate program
purposes.
Videoteleconferencing (VTC).--The agreement adopts the
Senate language under the same heading but does not adopt the
recommendation that EOIR work in conjunction with a
stakeholder working group in its creation of uniform
standards for VTC procedures.
GAO Update on VTC Data.--In lieu of the Senate language
under the heading ``VTC Data and Reporting'', the agreement
directs the Government Accountability Office to update the
VTC portion of its 2017 report ``Immigration Courts: Actions
Needed to Reduce Case Backlog and Address Long-Standing
Management and Operational Challenges'' (GAO-17-438).
Unified Immigration Portal (UIP).--The agreement
acknowledges ongoing investments by the Department of
Homeland Security (DHS) in technology and data integration,
including UIP data sharing. Such investments improve the
business process between DHS and EOIR through operational
efficiencies, potential cost and time savings in court
scheduling, and the elimination of mismatched data. The
agreement directs EOIR to provide a status update on its UIP-
related efforts no later than 60 days after the enactment of
this act.
Office of Inspector General
The agreement includes $139,000,000 for the Office of
Inspector General.
Audits of Grant Programs.--The agreement directs the OIG to
thoroughly audit the Department's grant making components and
provide quarterly reports to the Committees regarding the
Department's implementation of grant programs.
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $14,000,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,090,000,000 for General Legal
Activities. For fiscal year 2024, the agreement adopts the
language in House Report 117-395 on
``Deinstitutionalization.''
Office of Immigration Litigation (OIL) Performance.--The
agreement directs OIL, District Court and Appellate Sections,
no later than 120 days after the enactment of this act, to
provide the Committees all training materials for OIL trial
attorneys, special litigation counsels, and assistant
directors. The agreement further directs the Appellate
Section to provide, no later than 90 days after the date of
enactment of this act, a report, with data from fiscal year
2018 though fiscal year 2024 year to date, that includes the
number of cases that the OIL District and Appellate Sections
agreed to resolve through judicial administrative closure,
Jacobson remand, or dismissal without prejudice.
U.S. Forest Service Litigation.--The agreement encourages
the Department to provide dedicated resources for litigation
regarding national forest restoration projects of the U.S.
Forest Service. The agreement further encourages the
Department to prioritize efforts based on regions of the U.S.
Forest Service with high volumes of litigation and to draw
from litigators with experience with national forest
restoration projects.
VaCCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $22,700,000 for
Department expenses associated with litigating cases under
the National Childhood Vaccine Injury Act of 1986 (Public Law
99-660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The agreement includes $233,000,000 for the Antitrust
Division. This appropriation reflects a current estimated
projection of actual fee collections for fiscal year 2024.
Pre-merger Filing Fees.--In lieu of language in the Senate
report under the same heading, the agreement acknowledges the
inherent structural challenges of providing predictable,
sustainable appropriations to fee-funded agencies, including
the Antitrust Division, as fee collections are inherently
unpredictable and vary based on economic conditions and other
factors. The agreement recognizes the importance of
predictable, sustainable funding for the Antitrust Division,
and encourages the Department to work with Congressional
committees of jurisdiction to address such challenges.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,611,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $245,000,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,504,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses. The agreement expects that no funds will be
obligated for expert witness services, including the payment
of fees and expenses of expert witnesses, from any other DOJ
accounts other than Fees and Expenses of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $24,000,000 for the Community
Relations Service.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,692,000,000 for the salaries and
expenses of the United States Marshals Service (USMS).
International Megan's Law.--Within the funding provided,
the agreement supports the enforcement of laws relating to
international travel of sex offenders, including through the
Angel Watch Center.
Judicial Security and Protective Operations.--The agreement
acknowledges USMS' important responsibility to protect the
life and safety of Federal judges, their families, and
Federal judiciary employees. The agreement directs the USMS
to fully enforce all applicable laws to provide for the
appropriate protection of the Federal judiciary. Within the
funds provided, the agreement expects the USMS to dedicate
the requisite resources for this protection mission. The
agreement further supports USMS implementation of its
responsibilities described in section 5936(b) of the Daniel
Anderl Judicial Security and Privacy Act of 2022 (Public Law
117-263), within funds provided.
Regional Fugitive Task Forces (RFTF).--The agreement
directs the USMS to submit an updated report on the expansion
of the RFTF program. In contemplating the establishment of
new RFTFs, the USMS is encouraged to give consideration to
regions of the United States that are not currently served by
a RFTF including the Midwest and New England.
CONSTRUCTION
The agreement includes $15,000,000 for construction and
related expenses in space controlled, occupied, or utilized
by the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The agreement includes $2,100,000,000 for Federal Prisoner
Detention.
[[Page S1406]]
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $128,000,000 for the salaries and
expenses of the National Security Division (NSD).
Countering Espionage by the People's Republic of China
(PRC).--The agreement directs the NSD to provide a report to
the Committees, within 60 days of enactment of this act,
outlining all efforts undertaken to continue the
identification and prosecution of espionage efforts against
American businesses, research institutions, and academia
emanating from the PRC.
Interagency Law Enforcement
ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES
The agreement includes $547,000,000 for the Organized Crime
Drug Enforcement Task Forces.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $10,643,713,000 for the salaries and
expenses of the Federal Bureau of Investigation (FBI).
Field Integration Study.--The agreement directs the FBI to
conduct a study and provide a report to the Committees, no
later than 270 days after the enactment of this act, on the
feasibility of expanding the FBI operations in regional
offices around the country. Such study should also examine
the existing resources and infrastructure of FBI facilities
with the capacity for expansion throughout the United States.
The agreement directs the FBI to include in the report an
assessment of the utility and costs associated with such
expansions of resources and personnel.
National Instant Criminal Background Check System.--Within
the amounts provided, the agreement expects the FBI to
allocate the full amount of resources necessary for all
statutorily required firearm background checks through its
National Instant Criminal Background Check System (NICS).
Network Investigative Techniques.--The agreement directs
the FBI to provide the Committees, not later than 90 days
after the date of the enactment of this act, a classified
briefing that addresses the following matters, over the last
three fiscal years: (1) the number of operations in which the
FBI has used network investigative techniques; (2) the number
of such instances that were court-authorized; (3) the number
of such instances that were authorized by the Foreign
Intelligence Surveillance Court; and (4) the number of
individuals, devices, and accounts that were searched
remotely by the FBI.
Targeting Fentanyl.--The agreement directs the FBI, within
funds provided, to allocate the maximum amount of available
resources, as practicable, to support a comprehensive, multi-
pronged criminal enterprise strategy to target fentanyl and
opioid trafficking on Darknet and Clearnet, enhance
intelligence and anti-money laundering activities, and
support investigations that focus on identifying, targeting,
disrupting, degrading, and dismantling transnational criminal
organizations (TCOs).
TCOs and Counternarcotics Investigations.--The agreement
urges the FBI to continue its efforts to address TCOs and
counternarcotics investigations in Central America.
Child Exploitation and Trafficking.--The agreement
acknowledges the increased use of digital services for child
exploitation and trafficking. The agreement encourages the
FBI to consider using a biometric identification system to
bridge current information gaps and enhance investigation
efforts within the FBI, through the procurement of a
software-related database to share information across law
enforcement agencies. The system should create a standardized
vetting process and provide data visualization tools to help
expedite and recover victims of exploitation.
Terrorist Explosive Device Analytical Center (TEDAC) and
Hazardous Device School (HDS).--The agreement provides up to
the fiscal year 2023 enacted levels for TEDAC and HOS.
National Bioforensic Analysis Center (NBFAC).--The
agreement provides up to $21,840,000 for the FBI's role at
the NBFAC.
Combatting Modern Slavery and Human Trafficking.--The
agreement directs the FBI to allocate additional staff
dedicated to human trafficking at its field offices with the
largest geographic areas of responsibility.
CONSTRUCTION
The agreement includes $30,000,000 for FBI construction.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,567,000,000 for the salaries and expenses of the Drug
Enforcement Administration (DEA). In addition, DEA expects to
derive $620,000,000 from fees deposited in the Diversion
Control Fee Account to carry out the Diversion Control
Program, resulting in $3,187,000,000 in total spending
authority.
Digital Evidence to Combat the Fentanyl Crisis.--The
agreement urges DEA to establish and formalize a tiered
digital evidence enterprise program. The agreement directs
DEA to report to the Committees on the cost of establishing
and formalizing a tiered digital evidence program
encompassing the entire digital evidence workflow in which
DEA personnel would uniformly deploy digital evidence
technical capabilities and training across all 23 DEA
divisions. The agreement further directs DEA to report to the
Committees on its strategic plan on the utilization of
established internationally and nationally recognized
training programs and policy and procedures development
utilizing already established national best practices.
Finally, the agreement directs the DEA to report its
strategic plan on its current state and future state
partnerships with state and local digital laboratories and to
develop a collaborative and comprehensive best practices
document.
Supply Shortage of Amphetamine Formulations.--The agreement
directs DEA to issue a report to the Committees, no later
than 90 days after the enactment of this act, on the impact
DEA production quotas are having on the current supply
shortage, and whether such production quotas will, or should,
be modified.
Opioid Takeback Programs.--The agreement encourages DEA to
consider updating regulations within its jurisdiction to
enhance and expand opioid takeback programs, thereby
improving the options for safely disposing unused opioid
medications.
Appropriations Liaison.--The agreement directs DEA to
maintain a dedicated appropriations liaison office within the
Office of the Chief Financial Officer.
Counter Threat Teams.--The agreement directs DEA, within
funding provided, to continue developing its Counter Threat
Teams (CTT) initiative. DEA is further directed to submit a
report on all associated costs to fully implement this
initiative nationwide and the costs associated with
implementation in the current fiscal year within 90 days of
enactment of this act. The agreement directs DEA to brief the
Committees no later than 120 days after the enactment of the
act on the CTTs.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $1,625,000,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF).
Electronic Forms (``eForms'') Application Process.--The
agreement strongly urges ATF to provide a mechanism for
allowing eForms applicants to correct mistakes without having
to resubmit their application.
National Firearms Act Application Processing Times.--The
agreement directs ATF and the FBI to continue collaboration
to improve the process for consideration of applications to
address ongoing delays in application processing times.
National Integrated Ballistic Information Network
(NIBIN).--The agreement directs the continued expansion of
NIBIN, including additional entry stations, additional law
enforcement coordination, expanded training and technology
investments to Tribal law enforcement, within funds provided.
The agreement directs that ATF examine ways to expand access
to NIBIN to state and local agencies in the New England and
southwest border regions.
Enhancing Capacity of Ballistic Matches.--Within the funds
provided, the agreement encourages ATF to prioritize the
development and implementation of technologies that enhance
the efficiency and accuracy of ballistics imaging triage,
reduce turnaround times for analysis of ballistics evidence,
and improve the sharing of information and data among law
enforcement agencies. ATF is further encouraged to prioritize
the implementation of currently available technologies that
enhance the efficiency and accuracy of bullet imaging
comparisons. The agreement encourages ATF to ensure such
efforts support NIBIN and Crime Gun Intelligence Center
(CGIC) initiatives to address gun violence. The agreement
further encourages ATF to coordinate with state and local law
enforcement agencies on the adoption of technology that
aligns with their needs. Finally, the agreement directs ATF
to report to the Committees, no later than one year after the
date of the enactment of this act, on the availability and
viability of such technology, including by assessing its
effectiveness in providing real-time forensic-based
intelligence to law enforcement and any challenges associated
with its adoption, and any recommendations for improvements.
Facilities.--In lieu of Senate report language regarding
the National Services Center, the agreement directs ATF to
submit a report to the Committees, within 120 days of
enactment of this act, on the needs, including occupational
hazards and risks as well as impact on ATF's mission,
associated with mission-critical facilities.
Federal Prison System
salaries and expenses
(including transfer of funds)
The agreement includes $8,392,588,000 for the salaries and
expenses of the Federal Prison System. Of the amount made
available under this heading, no less than the fiscal year
2023 level shall be used for land mobile radio (LMR)
communication and video security upgrades. The 44 agreement
recommends no less than fiscal year 2023 enacted levels to
sustain and increase Bureau of Prisons (BOP) hiring efforts.
Report on Sexual Harassment.--The agreement directs BOP to
submit a report, no later than 90 days after the enactment of
this act, on its continued efforts to address sexual
harassment and assault of female inmates in BOP facilities,
resources necessary to keep female inmates safe, and other
measures to ensure all BOP employees are aware of their
responsibilities.
[[Page S1407]]
Hiring and Vacancies.--The agreement adopts the directive
in the Senate report on ``Hiring and Staff Reports.'' In
addition, the agreement directs the Department to coordinate
with the Office of Personnel Management (OPM) to enable
expedited hiring for BOP facilities with vacancy rates
exceeding 10 percent and to make use of recruitment and
retention bonuses. The agreement instructs BOP to describe
such efforts in the report.
Staffing at Medium Security Institutions.--The agreement
encourages BOP to increase the number of correctional
officers at medium-security institutions. The agreement
further encourages BOP to add one additional officer per two
housing units, per shift, per day, at all medium-security
institutions and institutions housing female inmates. The
agreement further encourages BOP to supplement current
staffing numbers and encourages BOP to staff all housing
units or occupied parts of the housing units. The agreement
further urges BOP to cease the practice of vacating housing
units after-hours while offenders are secure in cells.
Augmentation.--The agreement adopts the directives in the
Senate report under the same heading, and directs BOP to
submit a report outlining the agency's augmentation usage
practices, no later than 60 days after the enactment of this
act. The agreement further directs BOP to provide a briefing
regarding the report no later than 15 days after its
submission.
Officer Pay.--The agreement directs BOP to share with the
Committees the results of its review required under the
heading ``Direct Hire Authority'' in the Senate report on
correctional officer pay scales immediately upon its
completion.
Overtime Pay Rate.--In lieu of the directive in the Senate
report under the same heading, the agreement adopts the
directives in the joint explanatory statement accompanying
Public Law 117-103 on ``Overtime Pay Rate.''
First Step Act (FSA) Staffing.--The agreement encourages
BOP to hire additional programming staff to successfully
provide these key programs and ensure that each facility has
a Special Education Teacher on staff. The agreement further
encourages BOP to hire a Special Populations Manager at each
BOP institution to ensure that additional FSA programming can
be provided. Positions that are vital to the FSA should be
added to institution staffing requirements and not taken from
existing staffing complements.
Restrictive Housing.--The agreement encourages BOP to
significantly reduce the number of Federal inmates in
restricted housing, including by opening transition units and
other specialized units for populations often sent to
restricted housing, and by working with regional directors
and wardens to address the widespread reliance on restricted
housing.
Open GAO Recommendations.--The agreement directs BOP to
provide to the Committees, no later than 180 days after the
enactment of this act, a report that: (1) identifies all BOP-
related recommendations issued by the GAO over the last ten
fiscal years that remain open; and (2) describes the steps
BOP is taking to implement all recommended actions and close
out each open recommendation.
Camera and Radio Systems in Federal Prison Facilities.--The
agreement directs BOP to submit, no later than 90 days after
the enactment of this act, a three-year plan to upgrade its
security camera, LMR communication, and public address (PA)
systems at all BOP correctional facilities. Such plan should
address current system deficiencies, including a lack of
functioning systems, blind spots, or radios lacking a ``man
down'' function; the need for, and cost of, planned system
maintenance and upgrades, including analog-to-digital system
conversion; needed upgrades to ensure storage, logging,
preservation, and accessibility of records for investigators
or courts; and any other enterprise-wide considerations for
such technologies and systems. Additionally, the agreement
directs BOP to incorporate into the plan a cost projection
and prioritization of facilities for security camera, LMR,
and PA system upgrades.
Government Identification.--The agreement directs the BOP
to identify key stakeholders and leverage their expertise to
help ensure that BOP maximizes the potential uses of the new
Federal ID card. Further, the agreement directs BOP to
provide a report, no later than 180 days after the enactment
of this act, on its efforts to leverage stakeholder expertise
to ensure the rollout of the new Federal ID card is
successful.
Healthcare Reentry.--The agreement directs BOP to conduct a
comprehensive assessment of the effectiveness of BOP's
policies and procedures for facilitating enrollment in
Medicaid or other health care coverage for inmates nearing
reentry, and for helping to ensure continuity of care upon
release from BOP custody. The agreement directs BOP to report
on these efforts no later than 90 days after the enactment of
this act. The agreement further directs BOP to assess the
effectiveness of Federal prison healthcare, including any
targeted assistance for facilitating enrollment in Medicaid
or other health coverage for inmates nearing reentry. The
agreement also encourages BOP to establish a communication or
coordination mechanism with state Medicaid agencies, or the
Centers for Medicare & Medicaid Services, to facilitate the
application and enrollment process for individuals leaving
incarceration.
Social Workers.--The agreement encourages BOP to establish
procedures to improve the staffing levels for social workers,
including by working with OPM.
Staffing Shortages.--The agreement adopts the directive in
the Senate report under this same heading. In addition, as
part of the report required under such directive, the
agreement directs BOP to research the feasibility of a
retention incentive, not to exceed 10 percent, for no-
supervisory law enforcement employees nearing retirement.
Naloxone.--The agreement directs BOP to develop policies
and procedures to train all staff in administering naloxone.
The agreement further directs BOP to provide a report, no
later than 180 days after the enactment of this act,
detailing all efforts to train BOP employees to administer
naloxone, how many BOP employees carry naloxone, how many
times naloxone has been administered in BOP facilities during
the previous 12 months, and how many overdoses occurred in
BOP facilities during the previous 12 months.
Inmate Treatment.--The agreement encourages BOP to make
abstinence-based relapse prevention treatment options
available to inmates with a history of opioid dependence.
Mail Scanning.--The agreement directs BOP to submit a
report to the Committees, no later than 60 days after the
enactment of this act, detailing the cost of deploying
digital mail scanning technology at all BOP detention
facilities, including potential cost savings or benefits that
may result from having fewer staff involved in the mail
scanning process.
Inmate Trust Accounts.--The agreement directs the
Department to report to the Committees, no later than 180
days after the enactment of this act, on the number of inmate
trust fund accounts with a balance over $5,000.
Roadmap to Reentry.--The agreement encourages BOP to
reestablish the principles identified in the Justice
Department's ``Roadmap to Reentry,'' and to begin the process
of implementing these principles to improve the correctional
practices and programs, including providing the following:
(1) individualized reentry plans for individuals; (2) access
to education, employment training, life skills, substance
abuse, mental health, and other programs; (3) resources and
opportunities to build and maintain family relationships; (4)
individualized continuity of care; and (5) comprehensive
reentry-related information and access to resources.
Swift-Certain-Fair (SCF) Model in the Federal Prison
System.--The agreement encourages the BOP to establish SCF
pilot programs in BOP housing units based upon best practices
developed by other applicable corrections agencies, and to
collect data on the effectiveness of the program. The
agreement directs BOP to provide, within 90 days of the
enactment of this act, a report evaluating the pilot and
making recommendations on its replication.
buildings and facilities
The agreement includes $179,762,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates.
Modernization and Repair of Existing Facilities.--The
agreement expects BOP to apply funds provided in fiscal year
2024 to reduce its longstanding Modernization and Repair
(M&R) backlog and directs BOP to prioritize funding for
repairs that protect life and safety. The agreement further
directs BOP to continue providing a schedule and timeline for
repairs of facilities with geological and seismic
deficiencies, and to include updates in the monthly M&R
reports.
Taft, California.--The agreement encourages the BOP to
expeditiously advance repairs at this facility consistent
with the timeline established in 2021. Accordingly, the
agreement directs BOP to provide the Committees, no later
than 60 days after the enactment of this act, a detailed
timeline of all work related to repairing, rebuilding,
renovating, or otherwise required for this facility.
Deferred Maintenance and FSA Needs.--The agreement directs
BOP to provide to the Committees, no later than 180 days
after the enactment of this act, a facilities investment plan
to address BOP's current facility requirements. The agreement
further directs BOP to include in such plan an assessment of
the condition of all BOP facilities, any BOP plans to address
deferred maintenance backlogs with repair estimates broken
out by priority categories, explanations of how appropriated
funding will be applied in fiscal year 2024 to address the
backlog, and a multi-year outlook on investment in its
current facilities. The agreement encourages BOP to also
include details on how Public Law 115-391 impacts building
and facility requirements and reentry program implementation.
limitation on administrative expenses, federal prison industries,
incorporated
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $4,501,377,000 for state
and local law enforcement and crime prevention programs. This
amount includes $4,247,377,000 in discretionary budget
authority, $80,000,000 derived by transfer from the Crime
Victims Fund, and $174,000,000 scored as mandatory for Public
Safety Officer Benefits. The Department is directed to submit
an annual report on grant programs that have not received a
sufficient number of qualified applicants.
Bipartisan Safer Communities Act.--In addition to the
resources provided in this act,
[[Page S1408]]
the agreement recognizes that additional funds have been made
available to certain grant programs by Public Law 117-159.
STOP School Violence Act.--The agreement directs the
Department to continue following the directives in the joint
explanatory statement accompanying Public Law 117-103 under
the heading ``STOP School Violence Act.'' Additionally, the
agreement directs BJA to prioritize mental health crisis
intervention, applicants from rural and low-resourced school
districts, and applicants incorporating crisis centers and
evidence-based trainings for students and staff within their
anonymous reporting systems, as permitted under the act.
Recognizing that the STOP School Violence Act was enacted in
2018, BJA is directed to report, no later than 180 days after
the enactment of this act, on the demographics of recipient
schools, strategies employed to reach low-resourced
communities (such as microgrants), and efforts to improve
technical assistance in support of grantee capacity.
Grant Programs Crosswalks.--The Department is directed to
provide the Committees, as part of the spend plan submitted
pursuant to section 528 of this act, a crosswalk of the
Office on Violence Against Women (OVW), Office of Justice
Programs (OJP), and Community Oriented Policing Services
Office (COPS) grant program solicitations, which includes the
same level of information and detail as was provided to the
Committee with respect to the solicitations of the
Department's grant program offices in fiscal year 2023.
Improving Grant Reporting.--The agreement notes the recent
GAO report entitled, ``Grants Management: Actions Needed to
Improve Agency Reporting of Expired Grants,'' and highlights
the recommendation that the Department ``should resume
reporting on undisbursed balances from expired grants in its
annual Agency Financial Report or Performance and
Accountability Report and annual performance plan,'' as
required by section 524 of this act. The Department is
expected to fulfill this recommendation and to resume
reporting this information.
Tribal Grants and Victim Assistance.--The agreement
provides a total of $118,000,000 in discretionary grant
funding for Tribes as follows: $50,000,000 within the Office
of Justice Programs (OJP) for Tribal assistance; $16,000,000
for a Tribal youth program within the Office of Juvenile
Justice and Delinquency Prevention (OJJDP); $34,000,000 for
Tribal resources and $4,000,000 for a Tribal Access Program
within the COPS Office; and $11,000,000 for a special
domestic violence criminal jurisdiction program and
$3,000,000 for a Special Assistant U.S. Attorney on Tribal
land program within the OVW. In addition, a total of
$67,650,000 is provided to Tribal governments and Tribal
coalitions in OVC funding as part of set-asides determined by
program statute. For fiscal year 2024, the Department is
directed to continue following the directives and reporting
requirements in the joint explanatory statement accompanying
Public Law 116-260 for ``Tribal Grants and Victim
Assistance.''
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfers of funds)
The agreement includes $713,000,000 for the Office on
Violence Against Women. These funds are distributed as
follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants................................................ $255,000
Sexual Assault Survivors' Bill of Rights................. (10,000)
Transitional House Assistance.............................. 50,000
Research and Evaluation on Violence Against Women.......... 2,500
Consolidated Youth Oriented Programs....................... 17,000
Engaging Men and Youth in Prevention..................... (3,500)
Improving Criminal Justice Responses..................... 60,500
Homicide Reduction Initiative............................ (4,000)
Domestic Violence Lethality Reduction Initiative......... (4,000)
Policing and Prosecution Initiative...................... (8,000)
Sexual Assault Services Program............................ 78,500
Rural Domestic Violence and Child Abuse Enforcement........ 50,000
Violence on College Campuses............................... 25,000
HBCU, HSI, and Tribal Colleges and Universities.......... (12,500)
Legal Assistance for Victims............................... 55,000
Abuse Later in Life Program................................ 9,000
Justice for Families Program............................... 22,000
Disabilities Program....................................... 12,000
National Resource Center on Workplace Responses............ 1,000
Research on Violence Against Indian Women.................. 1,000
Indian Country Sexual Assault Clearinghouse................ 500
Tribal Special Domestic Violence Criminal Jurisdiction..... 11,000
Rape Survivor Child Custody Act............................ 1,500
Sec. 41801 of Pub. L. No. 103-322.......................... 15,000
Culturally Specific Services............................... 11,000
Tribal Special Assistant U.S. Attorneys.................... 3,000
Sec. 206 of Pub. L. No. 107-103............................ 1,000
Underserved Populations Program............................ 5,000
Financial Assistance Program............................... 4,000
Abby Honold Act............................................ 5,000
Access to Sexual Assault Nurse Exams....................... 10,000
Cybercrime Enforcement..................................... 5,500
============
Total, Violence Against Women Prevention and $713,000
Prosecution Programs..................................
------------------------------------------------------------------------
To minimize fraud, waste, and abuse in these programs, OVW
is encouraged to implement any open recommendations of the
Department's OIG with respect to the recipients of grants
under these programs.
Crime Victims Fund.--The agreement allows for obligations
of $1,353,000,000 from the Crime Victims Fund, $153,000,000
above the amount requested by the Department for fiscal year
2024. In an effort to appropriately balance support for the
breadth of victims and related services, the agreement
provides $80,000,000 of this amount to support Violence
Against Women Prevention and Prosecution Programs. The
agreement underscores this one-time transfer is not intended
as a funding mechanism in future years but as a means to
provide critical support for victims in the current fiscal
environment.
Access to Sexual Assault Nurse Exams.--The agreement
includes $10,000,000 for grants for regional sexual assault
nurse examiner (SANE) training, salaries for SANEs and sexual
assault forensic examiners (SAFEs), and technical assistance
and resources to increase access to SANEs and SAFEs, as
authorized by the Violence Against Women Act of 2022
(division W of Public Law 117-103). OVW is further directed
to follow the directives described in the Senate report under
the same heading.
Sexual Assault Survivors' Bill of Rights.--The agreement
again provides $10,000,000 as part of the STOP grants for the
recently enacted Sexual Assault Survivors' Bill of Rights, a
new and consequential grant program that incentivizes states
to codify and standardize survivor rights. OVW did not
request funding for this new program in fiscal year 2024, and
the agreement notes this gap in funding and OVW's reported
challenges in implementing this new program. The agreement
directs the Department to submit a report to the Committee,
within 120 days of enactment of this act, detailing any
applicants deemed by OVW as ineligible for this funding and
the reasons for the ineligibility.
Suicide Prevention.--The Department is directed to report
to the Committees regarding its efforts, in consultation with
the Substance Abuse and Mental Health Services
Administration, to establish best practices to prevent
suicide by survivors of sexual assault, domestic violence,
dating violence, and stalking.
Statutory Set-Asides.--The underlying statutes for several
grant programs, including Services, Training, Officers, and
Prosecutors (STOP) Grants and Sexual Assault Services Program
(SASP) grants, outline set-asides for Tribal governments and
coalitions, culturally specific community-based
organizations, and organizations providing services to
underserved populations. These set-asides provide a total of
$88,998,535 for fiscal year 2024, with $65,513,535 for Tribal
governments and coalitions, $17,175,000 for culturally
specific organizations, and $6,310,000 to meet the needs of
underserved populations. OVW shall ensure that the full
amounts provided for in the authorizing statutes are awarded
expeditiously.
Office of Justice Programs
Research, Evaluation and Statistics
The agreement provides $65,000,000 for the Research,
Evaluation and Statistics account. These funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
------------------------------------------------------------------------
Amount
Program ($000)
------------------------------------------------------------------------
Bureau of Justice Statistics............................... $35,000
National Institute of Justice.............................. 30,000
Research on Multidisciplinary Partnerships............... (1,500)
Forensic Research........................................ (1,500)
============
Total, Research, Evaluation and Statistics............. $65,000
------------------------------------------------------------------------
Research at National Institute of Justice (NIJ).--In
addition to $3,500,000 transferred from the OVW for research
and evaluation on violence against women and Indian women,
the agreement provides $1,500,000 for a study on the current
landscape of multidisciplinary teams working on sexual
exploitation crimes against children as described in the
Senate report under the heading, ``Study on Multidisciplinary
Teams.'' Further, the agreement includes no less than
$1,500,000 for NIJ to research forensic science for criminal
justice purposes.
Bail and Pretrial Release Statistics.--The Bureau of
Justice Statistics (BJS) is directed, within 90 days of the
enactment of this act to provide a report, if feasible,
containing information relating to individuals granted bail
and pretrial release that are charged with one or more
violent felony offenses. The report shall include data on
bail or pretrial release as follows: (1) the number of
individuals that are charged with one or more violent felony
offenses that are granted bail or pretrial release, (2) the
number of individuals who, after being granted bail or
pretrial release, are rearrested or charged with an
additional violent felony offense, (3) the percentage of
individuals granted bail or pretrial release who are charged
with a violent felony offense and have a prior arrest or
conviction for a violent felony offense, (4) the number of
missed court appearances by such individuals charged with a
violent felony offense and (5) the classification of the
violent felony offenses. In addition, the report shall detail
the National Pretrial Reporting Program's work on this issue
and provide an accounting of the amounts spent on this in
fiscal year 2023, including transfers. Further, the report
shall include information on bail and pretrial release,
including any grants or contracts awarded for that purpose,
and the amount and purpose of each grant or contract.
Forensic Science Operational Needs Assessment.--NIJ shall
provide a report to the Committees on the projected workload,
backlog, personnel, workforce, resources, necessary
turnaround times for law enforcement officers and officers of
the court, and equipment needs of forensic science providers
and forensic medical service providers, no later than
[[Page S1409]]
180 days after the enactment of this act. The report should
be conducted in conjunction with the Forensic Laboratory
Needs Technology Working Group and the Federal Interagency
Medicolegal Death Investigation Working Group. Further, the
Department shall consider in its reporting the most recent
BJS census reports on publicly funded forensic science
service providers, digital forensic science service
providers, and medical examiner and coroner offices; the NIJ
report entitled, ``Report to Congress: Needs Assessment of
Forensic Laboratories and Medical Examiner/Coroner Offices''
and any other relevant studies; and the practical and applied
implications of any other scientific reports on forensic
science with relevance to the operational, quality
management, and practical needs of the forensic science
community.
State and Local Law Enforcement Assistance
(including transfer of funds)
The agreement includes $2,475,061,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
------------------------------------------------------------------------
Amount
Program ($000)
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants................... 924,061
Officer Robert Wilson III VALOR Initiative............... (13,000)
NamUs.................................................... (3,000)
Officer Training for Responding to People with Mental (10,000)
Illness or Disabilities.................................
John R. Justice Grant Program............................ (3,000)
Prison Rape Prevention and Prosecution................... (15,500)
Kevin and Avonte's Law................................... (3,000)
Project Safe Neighborhoods............................... (19,000)
Capital Litigation and Wrongful Conviction Review........ (12,000)
National Center (as authorized by Pub. L. No. 117-328)... (3,000)
Ashanti Alert Network.................................... (1,000)
Family-Based Alternative Sentencing Pilot Programs....... (3,500)
Child Advocacy Training.................................. (1,000)
Rural Violent Crime Initiative........................... (7,000)
Missing Persons and Unidentified Remains Act............. (5,000)
Forensic Ballistics Programs in Higher Education......... (1,500)
Pilot Program as authorized by Sec. 1506 of VAWA Reauth.. (3,000)
Presidential Nominating Conventions (total described (125,000)
below)..................................................
Byrne Discretionary Community Project Funding/Byrne (350,028)
Discretionary Grants....................................
State Criminal Alien Assistance Program.................... 234,000
Victims of Trafficking Grants.............................. 88,000
Economic, High-tech, White Collar, and Cybercrime 12,000
Prevention................................................
Intellectual Property Enforcement Program................ (2,500)
Internet of Things Training Modules...................... (2,000)
Adam Walsh Implementation.................................. 19,000
National Sex Offender Public Website....................... 1,000
Patrick Leahy Bulletproof Vest Partnership Grant Program... 30,000
Transfer to NIST/OLES.................................... (1,500)
National Instant Criminal Background Check System (NICS) 88,000
Initiative................................................
NICS Acts Record Improvement Program..................... (25,000)
Paul Coverdell Forensic Science............................ 34,000
DNA Initiative............................................. 153,000
Debbie Smith DNA Backlog Grants.......................... (120,000)
State and Local Forensic Activities...................... (15,000)
Kirk Bloodsworth Post-Conviction DNA Testing Grants...... (14,000)
Sexual Assault Forensic Exam Program Grants.............. (4,000)
Sexual Assault Kit Initiative (SAKI)....................... 51,500
Court Appointed Special Advocates (CASA)................... 14,000
Tribal Assistance.......................................... 50,000
Second Chance Act/Offender Re-entry........................ 117,000
Smart Probation.......................................... (8,000)
Children of Incarcerated Parents Demo Grants............. (5,000)
Pay for Success.......................................... (7,500)
Project HOPE Opportunity Probation with Enforcement...... (5,000)
Crisis Stabilization and Community Re-entry.............. (10,000)
Anti-Opioid and Substance Abuse Initiative................. 420,000
Drug Courts.............................................. (89,000)
Mentally Ill Offender Act................................ (40,000)
Residential Substance Drug Treatment..................... (35,000)
Veterans Treatment Courts................................ (32,000)
Prescription Drug Monitoring............................. (35,000)
Comprehensive Opioid, Stimulant, and Substance Use (189,000)
Disorder Program........................................
Keep Young Athletes Safe Act of 2018....................... 2,500
STOP School Violence Act................................... 82,000
Emmett Till Act Grants..................................... 3,000
Hate Crime Prevention Act Grants........................... 17,000
Community-Based Approaches (as authorized by Pub. L. No. 9,000
117-328)..................................................
Jabara-Heyer NO HATE Act................................... 9,000
Community Trust Initiative................................. 114,000
Body Worn Camera Partnership Program..................... (32,000)
Justice Reinvestment Initiative.......................... (32,000)
Community Violence Intervention and Prevention........... (50,000)
Emergency Federal Law Enforcement Assistance............... 3,000
============
Total, State and Local Law Enforcement Assistance...... $2,475,061
------------------------------------------------------------------------
Edward Byrne Memorial Justice Assistance Grant Program.--
The Department is directed to continue following the
directives in House Report 117-97 adopted by Public Law 117-
103 on ``Byrne Memorial Justice Assistance Grant (Byrne JAG)
Formula program'', and in the joint explanatory statement
accompanying Public Law 117-103 on ``Uses of Byrne-JAG
Funds.'' The agreement reinforces that Byrne JAG funds may be
used by state, local, and Tribal law enforcement to combat
and prevent hate crimes, to hire and train cybercrime
personnel, and to train law enforcement and emergency
dispatch personnel in cybercrime and encourages the use of
these funds to support canine programs. The agreement urges
the Department to release Byrne JAG funds as expeditiously as
possible and clarifies that Byrne JAG funding may not be made
available for luxury items, real estate, or construction
projects.
Medication-assisted Treatment.--The agreement acknowledges
concern about the impact of the growing epidemic of opioid
and synthetic drug abuse and misuse on the law enforcement
community and supports the use of Byrne JAG funds for the
implementation of medication-assisted treatment programs to
assist individuals in maintaining abstinence from all abused
or misused drugs.
Forensic Genetic Genealogical (FGG) DNA Analysis.--Within
amounts provided for the Office of Justice Programs, the
agreement directs the Department to support efforts to use
FGG to investigate unsolved violent crimes, without regard to
the status of an applicant agency's sexual assault kit
inventory. The Department is directed to track and report
regularly on the number of FGG samples analyzed, the types of
DNA technology deployed, and the number of perpetrators or
human remains identified as a result. Further, the Department
is encouraged to fund additional grants for the use of FGG
technology under other appropriate programs including, but
not limited to, the National Missing and Unidentified Persons
System (NamUs) program.
Body-worn Camera Policy and Implementation Program.--The
agreement encourages the Department to prioritize body-worn
camera grant funding for agencies serving jurisdictions with
populations of less than 50,000.
Rapid DNA at Booking Stations.--The agreement recognizes
that the implementation of booking station Rapid DNA programs
are an eligible use of Byrne JAG and SAKI funds and strongly
supports the allocation of funds for this purpose within the
funds provided and at a level not less than fiscal year 2023.
The agreement directs the Department to assist with the
initial costs associated with updating criminal history
systems, integration with booking station systems, and
purchasing new technologies associated with Rapid DNA.
Prescription Drug Monitoring Programs.--The agreement
strongly supports the goals of the Harold Rogers Prescription
Drug Monitoring Program and is concerned that a recent BJA
reinterpretation of grant rules has effectively prohibited
states from using PDMP grant funding to operate their PDMPs
by requiring states to connect to a specific data hub
solution in order to receive funding. The agreement notes
that this is not consistent with allowing states to choose
and operate the PDMP and data sharing hubs of their choice
and directs BJA to allow states to utilize PDMP grant funding
from the Harold Rogers Prescription Drug Monitoring Program
to finance the PDMP of their choice and to connect to the
interstate data exchange hub of their choice.
Mentally Ill Offender Act.--The Department is encouraged to
prioritize Mentally Ill Offender Act grant funds for the
operational expenses of mental health centers that assist
those with severe mental health needs who are at risk of
recidivism, such as crisis care, residential treatment,
outpatient mental health and primary care services, and
community re-entry support, and supports funding levels for
grants be commensurate with demonstrated community needs.
De-escalation Technology.--The agreement supports the
advancement of de-escalation technology that can better equip
law enforcement officers to utilize less-than-lethal force in
appropriate circumstances.
Drug Court Grants.--When administering drug court grants,
the Department is encouraged to prioritize grants in rural
and low-income areas with high rates of substance abuse and
the Department is directed to submit a report, no later than
90 days after the enactment of this act, on the distribution
of drug court grants authorized by Public Law 114-198, and
that details the number of applications for awards, the
grantees, and the funding levels of awards from fiscal years
2019 to 2024.
Addressing Data Gaps on Missing and Murdered Indigenous
Women and Girls.--The agreement directs the Department, in
collaboration with relevant Federal agencies, to report to
the Committees, no later than 90 days after the enactment of
this act, on a plan to update publicly available data on the
crisis of missing and murdered Indigenous women and girls,
the steps taken to implement ongoing analyses of relevant
data, as well as education and outreach to improve future
data. The agreement further directs the Department to, no
later than 120 days after the enactment of this act, issue a
public report and analysis of up-to-date data on missing and
murdered Indigenous women and girls.
Justice Reinvestment Initiative.--The agreement provides
$32,000,000 for the Justice Reinvestment Initiative (JRI) and
notes that OJP does not plan to support a program that
promotes the closing or repurposing of youth detention
facilities in fiscal year 2024. The agreement emphasizes that
the Department should clearly detail how grant funds are
being used in its spend plan prior to allocation, including
JRI funds, and notify the Committees within 30 days of any
intention to deviate from the previously proposed spend plan.
Comprehensive Opioid, Stimulant, and Substance Use Program
(COSSUP).--The agreement provides $10,000,000 within COSSUP
for grants to local nonprofits preventing substance use and
misuse. BJA shall provide awards to local nonprofits working
with law enforcement and community coalitions to educate
youth in schools and in extracurricular programing on drug
prevention. The agreement further directs the Department to
prioritize nonprofit organizations with comprehensive
approaches to combatting substance use, including
investigations, treatment, and education.
Daniel Anderl Act.--The agreement directs OJP to begin the
implementation of the grant program described in section
5934(c) of the Daniel Anderl Judicial Security and Privacy
Act of 2022 (Public Law 117-263). The agreement further
directs OJP to submit a report, within 180 days of the
enactment of this act, on its progress in implementing this
program.
Presidential Nominating Conventions.--The agreement
includes a total of $150,000,000 for host cities of the 2024
presidential nominating conventions by providing $125,000,000
within Byrne JAG and an additional $25,000,000 from the
unobligated balances in the Presidential Election Campaign
Fund established by section 9006(a) of title 26, United
States Code.
Byrne Discretionary Community Project Grants/Byrne
Discretionary Grants
[[Page S1410]]
(``projects'').--The agreement provides $350,028,000 for
projects to prevent crime, improve the criminal justice
system, provide victim services, and for other related
activities. The agreement directs the Department to provide
the funding for the projects listed in the table titled,
``Community Project Funding/Congressionally Directed
Spending'' at the end of this joint explanatory statement in
the corresponding amounts, which are incorporated by
reference in this act.
juvenile justice programs
The agreement includes $375,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Amount
Program ($000)
------------------------------------------------------------------------
Part B--State Formula Grants............................... $65,000
Emergency Planning--Juvenile Detention Facilities........ (500)
Youth Mentoring Grants................................... 104,000
Title V--Delinquency Prevention Incentive Grants........... 55,000
Prevention of Trafficking of Girls....................... (4,000)
Tribal Youth............................................. (16,000)
Girls in the Justice System.............................. (4,500)
Opioid Affected Youth Initiative......................... (10,500)
Children Exposed to Violence............................. (9,000)
Victims of Child Abuse Programs............................ 41,000
Missing and Exploited Children Programs.................... 103,000
Training for Judicial Personnel............................ 4,500
Juvenile Indigent Defense.................................. 2,500
============
Total, Juvenile Justice Programs....................... $375,000
------------------------------------------------------------------------
Internet Crimes Against Children (ICAC) Task Forces.--The
agreement supports the ICAC program and encourages the
Department to prioritize proactive investigations of suspects
possessing, distributing, or producing violent child sexual
abuse imagery.
Preventing Trafficking of Girls.--The agreement encourages
the Department to make grants to nonprofits and other non-
governmental entities that have undergone rigorous evaluation
and have a successful track record of administering research-
based prevention and early intervention programs for girls
who are vulnerable to trafficking, at a state level, and to
scale up and replicate these programs.
public safety officer benefits
(including transfer of funds)
The agreement includes $208,800,000 for the Public Safety
Officer Benefits program for fiscal year 2024.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
The agreement includes $664,516,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Program........................................ $256,169
Tribal Resources Grant Program........................... (34,000)
Regional Information Sharing Activities.................. (44,000)
Tribal Access Program.................................... (4,000)
Law Enforcement Mental Health and Wellness Act........... (10,000)
Collaborative Reform Model............................... (7,500)
Community Policing Development............................. 25,000
POLICE Act................................................. 12,000
Anti-Methamphetamine Task Forces........................... 16,000
Anti-Heroin Task Forces.................................... 35,000
STOP School Violence Act................................... 53,000
Law Enforcement Officer De-escalation Training Act......... 20,000
COPS Technology and Equipment Community Projects........... $247,347
============
Total, Community Oriented Policing Services............ $664,516
------------------------------------------------------------------------
Additional Technical Assistance.--The Committee urges the
COPS Office to provide increased technical assistance to
applicants who have not previously received COPS grants or
otherwise indicate that they are newly established community-
oriented policing programs.
Community Oriented Policing Services, Technology and
Equipment Community Projects/COPS Law Enforcement Technology
and Equipment (``projects'').--The agreement provides
$247,347,161 for grants to state, local, Tribal, territorial,
and other entities to develop and acquire effective
equipment, technologies, and interoperable communications
that assist in responding to and preventing crime. The
agreement notes that the projects included in this statement
should help improve police effectiveness and the flow of
information among law enforcement agencies, local government
service providers, and the communities they serve. Equipment
funded under this program should meet any applicable
requirements of the National Institute of Standards and
Technology's Office of Law Enforcement Standards. The
agreement directs the Department to provide the funding for
the projects listed in the table titled, ``Community Project
Funding/Congressionally Directed Spending'' at the end of
this joint explanatory statement in the corresponding
amounts, which are incorporated by reference in this act.
General Provisions--Department of Justice
(including transfers of funds)
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to
preserve the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes that the Director of the Bureau of
Prisons is obliged to provide escort services to an inmate
receiving an abortion outside of a Federal facility, except
where this obligation conflicts with the preceding section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than
to a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media
or equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational
purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or
Federal Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 2 percent of grant funds made
available to be used for criminal justice research,
evaluation and statistics by the National Institute of
Justice and the Bureau of Justice Statistics and designates
up to 2 percent of grant funds for training and technical
assistance.
Section 213 provides cost-share waivers for certain grant
programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law
enforcement personnel do not continuously monitor or control
such firearm.
Section 216 places limitations on the obligation of funds
from certain DOJ accounts and funding sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
Section 218 establishes reporting requirements for the
Department's Crime Victims Fund, the Working Capital Fund,
the Three Percent Fund, and the Asset Forfeiture Fund.
Section 219 places limitations on the Department's
performance of live tissue training.
Section 220 prohibits the Department from targeting or
investigating parents who peacefully protest at school board
meetings and are not suspected of engaging in unlawful
activity.
Section 221 prohibits the Department from investigating or
prosecuting religious institutions on the basis of their
religious beliefs.
Section 222 provides for a transfer of $25,000,000 from the
fund established by section 9006(a) of title 26, United
States Code.
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $7,965,000 for the Office of Science
and Technology Policy (OSTP).
Extreme Weather.--The agreement urges OSTP to ensure that
existing government efforts to address extreme weather form a
cohesive, lasting strategic approach to manage the risks
posed by extreme weather across Federal activities, including
financial risks, and risks to agriculture, infrastructure,
commerce, and human safety.
Tribal Nations and Indigenous People.--OSTP shall provide
the Committees with a briefing, no later than 120 days after
the enactment of this act, regarding efforts of Federal
agencies to (1) grow or maintain mutually beneficial
relationships with Tribal Nations and Indigenous peoples to
understand Indigenous knowledge and (2) incorporate or apply
Indigenous knowledge in Federal research, policies, and
decision-making.
National Engineering Biology Research and Development
Initiative.--The agreement directs OSTP to establish the
Initiative Coordination Office (ICO), to support the National
Engineering Biology Research and Development Initiative, as
directed under Public Law 117-167. The agreement recommends
that ICO represent the variety of stakeholders across the
Federal Government, including agencies that promote economic
development, sponsor fundamental research, facilitate
technology commercialization, focus on safety and security,
or engage in workforce training.
Alternative Protein Research.--The agreement directs OSTP
to ensure that alternative protein research is coordinated
across the Federal Government to avoid duplication and
overlap.
Open Access.--The agreement directs OSTP to produce an in-
depth financial analysis of
[[Page S1411]]
the August 25, 2022, Memorandum to Executive Departments and
Agencies titled, ``Ensuring Free, Immediate, and Equitable
Access to Federally Funded Research'' including the policy's
anticipated impact on Federal research investments, research
integrity, and the peer review process, as was previously
directed in House Report 117-395, no later than 100 days
after the enactment of this act. If OSTP fails to provide the
Committees with the report within 100 days, then OSTP must
pause implementation of the memorandum until the agency
produces the report.
National Space Council
The agreement includes $1,965,000 for the activities of the
National Space Council.
National Aeronautics and Space Administration
The agreement includes $24,875,000,000 for the National
Aeronautics and Space Administration (NASA).
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount ($000)
------------------------------------------------------------------------
Science:
Earth Science........................................ $2,195,000
Planetary Science.................................... 2,716,700
Astrophysics......................................... 1,530,000
Heliophysics......................................... 805,000
Biological and Physical Science...................... 87,500
Total, Science..................................... 7,334,200
Aeronautics............................................ 935,000
Space Technology....................................... 1,100,000
Exploration............................................ 7,666,200
Space Operations....................................... 4,220,000
Science, Technology, Engineering, Mathematics (STEM)... 143,000
Safety, Security, and Mission Services................. 3,129,000
Construction and Environmental Compliance and 300,000
Restoration...........................................
Office of Inspector General............................ 47,600
================
Total, NASA........................................ $24,875,000
------------------------------------------------------------------------
SCIENCE
The agreement includes $7,334,200,000 for Science and
directs NASA to provide funding as described in the table
above and text below.
University Small Satellite Missions.--The agreement
supports NASA's collaborative efforts with U.S. colleges and
universities to conduct research through small spacecraft
missions and provides not less than $30,000,000 for these
missions.
Earth Science.--In lieu of the funds designated in the
Senate report for Earth Science, the agreement provides up to
the request level for Plankton, Aerosol, Cloud, ocean
Ecosystem (PACE), Earth System Explorers, the four Earth
System Observatory missions, and Commercial SmallSat Data
Acquisition. Further, as recommended in the 2023 Senior
Review, NASA is directed to continue supporting the Terra,
Aqua, and Aura missions at a level sufficient to provide high
quality data to the scientific community.
Space-Based Wildfire Detection Technologies.--The Senate
language is clarified to provide up to the fiscal year 2023
enacted level for space-based wildfire detection and warning
systems.
Geosynchronous Littoral Imaging and Monitoring Radiometer
(GLIMR).--The Senate language regarding GLIMR is adopted.
Planetary Science.--The agreement provides the request
level for Planetary Defense, including $209,700,000 for the
Near Earth Object Surveyor Mission, and up to the fiscal year
2023 enacted level for New Frontiers, including not less than
$360,000,000 for Dragonfly.
Mars Sample Return (MSR).--The Senate language on ``Mars
Sample Return'' is not adopted. MSR is the highest priority
of the 2022 Planetary Science Decadal Survey but there is
concern that the expected launch schedule continues to slip.
The agreement notes that there has not been consultation with
some Members of Congress about NASA's decision to move
forward with workforce reductions before a fiscal year 2024
bill was enacted and notes concern that NASA's actions have
contributed to serious losses in NASA's high-skilled
workforce.
The Independent Review Board did not recommend cancelling
MSR, and NASA has convened a MSR Independent Review Board
Response Team (MIRT) to determine a revised architecture for
this Decadal Survey flagship mission. The agreement directs
NASA to report no later than 60 days following completion of
the MIRT report on the recommended path forward for MSR,
within a balanced Science portfolio. The report should
include a year-by-year funding profile for MSR and any
necessary reprogramming or transfer requests to support the
re-scoped MSR program in fiscal year 2024. The agreement
further directs NASA to not engage in further workforce
reductions of the MSR program until such report is provided
and directs NASA to provide at least 30 days of advance
notification of such actions to the Committees. The agreement
provides no less than $300,000,000, and up to the President's
budget request level, to support the MSR program pursuant to
these directives in fiscal year 2024.
MSR Receiving Facility.--The MSR program is under review
following an Independent Review Board report. In addition,
the MSR receiving facility requirements are also under review
by NASA. Given this, the agreement directs NASA to consider
how changes to the scope of the MSR program will impact the
needs and qualifications of a MSR receiving facility.
In lieu of the direction in the Senate report to submit a
plan on the MSR facility, the agreement directs NASA to
provide the Committees a plan, not later than 60 days after
the conclusion of the MSR Independent Review Board Response
Team report, outlining the updated MSR receiving facility
requirements, including the factors NASA is weighing for the
site selection, potential partnering approaches, an expected
construction schedule, the estimated cost, and any other
criteria that will be used to determine the facility
location.
Small Innovative Missions for Planetary Exploration
(SIMPLEx).--The agreement continues support for SIMPLEx and
encourages NASA to consider a second SIMPLEx mission and to
develop a five-year plan to increase the volume of
solicitations in support of the program. NASA shall brief the
Committees, no later than September 1, 2025, on a plan for
increasing the volume of solicitations.
Venus Emissivity, Radio Science, InSAR, Topography, and
Spectrometry (VERITAS) Mission.--The agreement supports the
Discovery Program, including competitively selected missions
such as VERITAS. As part of the fiscal year 2025 budget
request, the agreement encourages NASA to request sufficient
funding to ensure a launch by the end of the decade. Further,
no later than 180 days after the enactment of this act, the
agreement directs NASA to provide a budget profile and
schedule for the VERITAS mission.
Small Satellite Platforms.--The agreement directs NASA to
assess the feasibility of utilizing small satellites for
missions of greater complexity and importance, including
flagship class objectives in furtherance of decadal science
priorities. If feasible, the agreement directs NASA to
identify a mission that could be accomplished through this
type of architecture, and to report on such findings to the
Committees no later than 180 days after the enactment of this
act.
Geostationary Carbon Cycle Observatory (GeoCarb).--The
agreement encourages NASA to work with the GeoCarb mission's
science team on pre-flight testing and characterization of
the instrument upon its delivery to NASA, to store it
appropriately, and to develop and execute a plan to obtain a
cost-effective launch.
Habitable Worlds Observatory.--The Senate report language
regarding ``Habitable Worlds Observatory'' is adopted, and
the agreement provides no less than $10,000,000 for the
mission. In addition, the agreement directs NASA to establish
a Habitable Worlds Observatory project office at Goddard
Space Flight Center to leverage existing expertise in
astrophysics and segmented mirror technology.
Heliophysics.--In lieu of the funds designated within the
Senate report for Heliophysics, the agreement provides no
less than the fiscal year 2023 enacted level for Heliophysics
Research, Space Weather, and Heliophysics Technology.
Further, the agreement provides up to the fiscal year 2023
enacted level for Solar Terrestrial Probes, including up to
$26,000,000 for the Magnetospheric Multiscale mission. The
agreement also directs NASA to make awards under the
announcement of opportunity for the Dynamic Neutral
Atmosphere-Ionosphere Coupling (DYNAMIC) mission.
Heliophysics Explorers.--The agreement provides no less
than $215,000,000 for Heliophysics Explorers to achieve
flagship level science through the program. This amount
includes no less than the request level for HelioSwarm.
Geospace Dynamics Constellation (GDC).--Not later than 180
days after the enactment of this act, the agreement directs
NASA to provide the Committees with a schedule and budget
profile to launch the GDC mission by the end of the decade to
fulfill the recommendations of the Heliophysics decadal
survey through improved understanding of the variability of
the space weather environment surrounding Earth.
Biological and Physical Science.--The Senate report
language on ``Biological and Physical Science'' is adopted,
and the agreement provides $2,500,000 to establish a
consortium including academic institutions with demonstrated
expertise within the human health, animal, and plant
sciences.
AERONAUTICS
The agreement includes $935,000,000 for Aeronautics.
Advanced Air Mobility Systems.--The agreement includes up
to the request level for the Advanced Air Vehicles Program
and the Advanced Air Mobility (AAM) National Campaign,
including no less than $5,000,000 for safe autonomous flight
enabling infrastructure.
Vertical Lift Research.--The agreement supports NASA's
Vertical Lift Research Centers of Excellence (VLRCOE)
cooperative agreements to advance fundamental research at
universities across the country and directs NASA to continue
its work with government agencies, academia, and industry to
build and maintain a modeling and simulation environment to
analyze various aviation demand scenarios and associated
supply chain ecosystem needs. Additionally, the agreement
directs NASA to provide a report on these actions to the
Committees no later than 180 days after the enactment of this
act. In developing this report, NASA is encouraged to consult
with government, academia, and industry to identify any
policy recommendations.
Trusted Autonomy-enabled Technologies Flight
Demonstrator.--The agreement supports the Integrated Aviation
Systems Program and directs NASA to allocate up to
$10,000,000 for the continued development and flight testing
of technologies necessary to support a trusted, semi-
autonomous aircraft
[[Page S1412]]
architecture with aviation safety management system
capabilities.
Electric Air Flight.--The agreement encourages NASA to
strengthen its collaborations with the Department of Energy,
national laboratories, and universities to overcome energy
storage challenges for mobility technologies such as electric
air flight including through the Electrified Powertrain
Flight Demonstration project.
Advanced Technologies for Sustainable Aviation.--The Senate
language regarding ``Sustainable Aviation'' is adopted. In
addition, the agreement encourages NASA to prioritize funding
for Advanced Engine and Vehicle Technologies for Sustainable
Aviation initiatives, including Electrified Aircraft
Propulsion activities, the Hybrid Thermally Efficient Core
(HyTEC) project, the Advanced Aircraft Concepts for
Environmental Sustainability (AACES) studies, and the
advancement of sustainable aviation fuels.
Hypersonic Technology Program (HTP).--The agreement
supports the HTP and encourages NASA to advance hypersonic
research and strengthen commercial hypersonic capabilities.
The agreement provides up to $15,000,000 to establish the
Making Advancements in Commercial Hypersonics (MACH) Program
and directs NASA to submit a report, no later than 60 days
after the enactment of this act, that details a strategy and
efforts to consult and collaborate with the Department of
Defense on hypersonic technology. The agreement also provides
up to $10,000,000 for collaborative work between industry and
academia for carbon/carbon material testing and up to
$5,000,000 to develop and mature automation of high-
temperature ceramic matric composites.
Revitalization of High-performance Chase Aircraft and
Infrastructure.--The agreement directs NASA to provide
regular updates to the Committees on its chase aircraft
fleet; engage in regular consultations with the Department of
Defense on strategies to improve the fleet including through
aircraft transfers; and evaluate administrative and
legislative steps to facilitate such actions, including
through the interagency and budget processes. Additionally,
the agreement directs NASA to provide the Committees with a
report, no later than 60 days after the enactment of this
act, outlining plans to improve the Aeronautics Research
Mission Directorate's physical infrastructure, including
hangars, runways and taxiways, research facilities, and other
structures and equipment.
SPACE TECHNOLOGY
The agreement includes $1,100,000,000 for Space Technology.
Regional Economic Development.--The Senate language
regarding ``Regional Economic Development'' is adopted, and
the agreement provides up to $10,000,000 for the Regional
Economic Development Initiative.
Space Nuclear Propulsion Program Office.--The agreement
notes the intent of the Space Technology Mission Directorate
to establish a Space Nuclear Propulsion Technology Program
Office, to coordinate the development and demonstration of
Nuclear Thermal Propulsion (NTP) and Nuclear Electric
Propulsion (NEP) capabilities. The agreement encourages the
Space Technology Mission Directorate to expedite the
establishment of this important Program Office.
Nuclear Thermal Propulsion.--The agreement provides
$110,000,000 for NTP, including not less than $10,000,000 to
continue to accelerate the development of an operational
system with commercial partners as directed in the Senate
report. Subsequent NASA budget submissions and future year
projections should reflect the urgency that this program's
objectives and goals demand over the next 48 months. In
addition, NASA is directed to provide a detailed spending
plan for NTP as well as a plan for the design of a flight
demonstration.
Nuclear Electric Propulsion.--The agreement includes up to
$50,000,000 for NEP to continue efforts toward the
development of a high-power nuclear electric propulsion
demonstration, of which up to $10,000,000 is for the design
of test articles to enable a flight demonstration. The
agreement supports the commencement of accelerated
development of this technology, consistent with the
recommendations of the National Academies of Sciences.
Lunar Surface Power.--The agreement provides up to
$40,000,000 and no less than the fiscal year 2023 enacted
level for Lunar Surface Power, including up to $20,000,000
for Fission Surface Power. NASA is directed to use Lunar
Surface Power demonstration funding for payload development
and associated delivery services via the Commercial Lunar
Payload Services program.
On-Orbit Servicing, Assembly, and Manufacturing-1 (OSAM-
1).--ln lieu of the Senate report language, the agreement
provides $227,000,000 for OSAM-1 to adjust the mission to
ensure a 2026 launch within the cost profile assumed in the
fiscal year 2024 budget request. Consistent with
recommendations by the OSAM-1 Standing Review Board, NASA is
directed to reduce testing requirements and make the
necessary technical decisions, including potential de-scoping
of some non-essential capabilities, to meet these launch and
budget requirements. If this is not possible, NASA should
initiate another Continuation Review in September 2024.
Further, NASA is directed to work with the Department of
Defense on a plan for a potential use, as practicable, of
OSAM-1 for space mobility capability, and to provide the
Committees with the plan not later than 180 days after
enactment of this act.
Small Business Innovation Research (SBIR).--In lieu of
Senate direction regarding SBIR, NASA shall continue to
fulfill statutory obligations for SBIR funding and place an
increased focus on awarding SBIR awards to firms with fewer
than 50 employees.
Flight Opportunities Program.--The agreement includes not
less than $27,000,000 for the Flight Opportunities Program,
including up to $5,000,000 to support payload development and
flight of K-12 and collegiate educational payloads.
Alternative Propellants and Multimode Propulsion.--The
United States is overly reliant on xenon and krypton for in-
space propulsion which are in limited supply, extremely
expensive, and produced in China and Russia. The agreement
encourages investments in innovative small spacecraft
propulsion to achieve in-flight demonstrations of alternative
propellants and turn-key multimode in-space propulsion as
soon as practicable, including, as practicable, those that
use domestically produced fuel and cathode-less electric
propulsion technology.
Autonomous System Modeling and Simulation.--NASA is
commended for its partnerships with educational institutions
for the purpose of developing more reliable autonomous
capabilities at NASA facilities. The agreement recommends
NASA continue to fund these programs.
Tipping Point Program.--NASA is directed to meet all
contractual obligations for the Tipping Point program in
fiscal year 2024. In addition, NASA is encouraged to continue
funding for capability development that grows in-Earth orbit
platform ecosystems.
Innovative Nanomaterials.--The Senate language regarding
``Innovative Nanomaterials'' is clarified to provide up to
$5,000,000 to advance large scale production and use of
innovative nanomaterials. In addition, NASA is directed to
submit a report to the Committees, no later than 180 days
after the enactment of this act, detailing a plan to ensure
mission critical systems utilize and leverage carbon nanotube
technology.
Orbital Debris Inspection Mission.--In lieu of the Senate
language on ``Orbital Debris Removal'', the agreement
provides up to $5,000,000 for the development of an Orbital
Debris Inspection mission, in partnership with the private
sector, to demonstrate technologies that track, characterize,
and inspect multiple objects in space.
EXPLORATION
The agreement includes $7,666,200,000 for Exploration and
notes the strong support for the Artemis missions that will
establish the first long-term human presence on the Moon,
accomplishing the Presidential direction carried in Space
Policy Directive-1. In lieu of the amounts provided in the
Senate report within Exploration, the agreement provides up
to the fiscal year 2023 enacted level for the Orion Multi-
purpose Crew Vehicle and the Space Launch System (SLS),
including up to $600,000,000 for the SLS Block 1B
Development.
Human Landing System (HLS).--The agreement provides up to
$1,880,500,000 for the HLS program, including full funding
for NASA to meet all contractual obligations for both HLS
providers in fiscal year 2024.
Next Generation Extravehicular Activity (EVA) Spacesuits.--
The agreement provides up to $379,900,000 for the
Extravehicular Activity and Human Surface Mobility program to
maintain schedule for the International Space Station and
Artemis missions. NASA is encouraged to support competition
and redundancy for future Artemis missions by providing the
Committees with a plan, including a task order and funding
roadmap, to have both EVA spacesuits developed and certified
for lunar surface missions in time for the selection of the
EVA space suit for the Artemis IV mission.
Fabrication Laboratory (FabLab) Demonstration.--NASA is
encouraged to provide up to $10,000,000 for the FabLab
demonstration of metal and electronic manufacturing in space.
Exploration Review.--In January 2024, NASA announced a
delay of the Artemis II and Artemis III missions to September
2025 and September 2026, respectively. With all elements
necessary to achieve a successful return to the Moon under
development, the agreement requests a review by NASA to
ensure the current mission schedule can be achieved, while
ensuring astronaut safety.
The agreement directs NASA to provide this review to the
Committees no later than 270 days of enactment of this act.
The review should focus on NASA's ability to coordinate the
schedule and milestones for each Artemis program element to
ensure mission success in the current constrained fiscal
environment. The review should also include an analysis and
evaluation of both current and future workforce requirements
and supply chain management needs to ensure the program
elements are aligned in a manner that reduces technical,
cost, and schedule risk.
SPACE OPERATIONS
The agreement provides $4,220,000,000 for Space Operations,
which includes sufficient funding for the continuation of
International Space Station and Human Space Flight Operations
and directs NASA to maintain its high-skilled workforce for
the support of human space flight.
Payload Processing Capacity.--The Senate language regarding
``Payload Processing Capacity'' is adopted within Space
Operations.
21st Century Launch Complex Program.--The agreement
includes up to the fiscal year 2023
[[Page S1413]]
enacted level for the 21st Century Launch Complex Program.
Suborbital Crew.--The Senate report language regarding
``Suborbital Crew'' is clarified such that NASA shall
continue its Suborbital Crew Office to perform safety
assessments to enable NASA personnel to procure flights for
civil servants on licensed U.S. suborbital vehicles.
Small Satellite Cross-Link Systems.--The agreement includes
$15,000,000 to align NASA's relay networks to transmit large
volumes of science and Earth remote sensing data to users via
high-speed (V-band), low latency links. This should provide
an expanded educational opportunity for individuals studying
SmallSat Cross-Link Systems.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $143,000,000 for Science,
Technology, Engineering, and Mathematics (STEM) Engagement.
Of this amount, $58,000,000 is for the Space Grant Program,
$26,000,000 is for the Established Program to Stimulate
Competitive Research (EPSCoR), and $45,500,000 is for the
Minority University Research and Education Project.
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $3,129,000,000 for Safety, Security
and Mission Services (SSMS).
NASA Community Projects/NASA Special Projects.--Within the
appropriation for SSMS, the agreement provides $56,673,000
for NASA Community Projects/NASA Special Projects. The
agreement directs NASA to provide the funding for the
projects listed in the table titled, ``Community Project
Funding/Congressionally Directed Spending'' at the end of
this joint explanatory statement in the corresponding
amounts. The agreement further directs NASA to perform the
same level of oversight and due diligence as with any other
external partners.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $300,000,000 for Construction and
Environmental Compliance and Restoration. Senate language
regarding Exploration and Space Operations Construction of
Facilities is not adopted.
Center Commodity Infrastructure.--Within available funds,
NASA is encouraged to upgrade pipelines and supporting
commodities infrastructure in fiscal year 2024.
Hypersonic Flight Capability Ground Infrastructure.--The
agreement recognizes the planned testing of the low boom
flight demonstrator hypersonic vehicle in fiscal year 2024
and encourages NASA to identify necessary improvements
associated with planned hypersonic test flight and ground
infrastructure.
Wallops PFAS Contamination.--The Senate language is
modified to clarify that not later than 180 days after the
enactment of this act, NASA shall provide a status report to
the Committees regarding the plan by the Town of Chincoteague
to identify and acquire suitable property for location and
construction of new drinking water wells under administrative
control and lease, ownership or easement, of the Town of
Chincoteague, and NASA's plan to reimburse the Town of
Chincoteague for costs directly associated with the removal
and relocation of those drinking water wells subject to
enactment of proposed legislative authority.
OFFICE OF INSPECTOR GENERAL
The agreement includes $47,600,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement allows for certain transfers of funds.
The agreement includes a provision providing NASA the
authority to combine amounts from one or more of its Science,
Aeronautics, Space Technology, Exploration, and Space
Operations appropriations with amounts from the STEM
Engagement appropriation to jointly fund discrete projects or
activities, through contracts, grants, or cooperative
agreements, that serve these purposes. NASA is directed to
provide notification of the Agency's intent to award a
contract, grant, or cooperative agreement that would be
jointly funded under this authority, no less than 15 days
prior to award.
The agreement permits a transfer of funds into NASA's
Working Capital Fund.
The agreement includes two provisions to extend the period
of availability for certain funds.
National Science Foundation
The agreement includes $9,060,000,000 for the National
Science Foundation (NSF).
RESEARCH AND RELATED ACTIVITIES
The agreement includes $7,176,500,000 for Research and
Related Activities (R&RA). In developing the spending plan,
the agreement encourages NSF to equitably distribute funding
to support all basic research directorates within R&RA, as
well as the Technology, Innovation and Partnerships
Directorate.
Artificial Intelligence (AI).--In lieu of the AI funding
level in the Senate report, the agreement supports AI related
grants and interdisciplinary research initiatives to maintain
leadership in AI. Senate language on ``Transparency,
Interpretability, and Explainability of AI'' is adopted, and
the agreement reiterates the encouragement for NSF to invest
in research to better understand how and why models arrive at
their outputs. Further, the agreement supports the National
Artificial Intelligence Research Resource pilot to increase
access to the compute resources needed for AI research.
Quantum Science.--In lieu of the funding level in the
Senate report, the agreement provides up to the budget
request for quantum information science research to support
basic interdisciplinary quantum information science and
engineering research and encourages NSF to support National
Quantum Information Science Research Centers as authorized in
section 302 of the National Quantum Initiative Act (Public
Law 115-368).
Astronomy and Astrophysics Decadal Survey Priority
Facilities.--The agreement adopts the Senate direction and
funding regarding ``Astronomy''. Additionally, the agreement
directs NSF to present the U.S. Extremely Large Telescope
(USELT) Program to the National Science Board (NSB) at their
next meeting for consideration for inclusion in the Major
Research Equipment and Facilities Construction (MREFC)
account. The agreement strongly encourages the NSB to ensure
that the USELT Program includes a two-observatory footprint
with a mechanism to guarantee robust community access. The
agreement directs NSF to regularly brief the Committees on
the status of the USELT program.
Sustainable Chemistry Research.--The agreement supports the
Sustainable Chemistry Basic Research program and encourages
NSF to continue coordinating with OSTP to implement
provisions in subtitle E of title II of Public Law 116-283.
The agreement directs NSF to report, no later than 180 days
after the enactment of this act, on its activities for this
program.
Established Program to Stimulate Competitive Research.--The
agreement provides $250,000,000 for the EPSCoR program and
reiterates direction in the Senate report regarding
supporting projects in EPSCoR states across all initiatives
and centers. Additionally, the agreement encourages NSF to
increase investment in statewide research capacity
development through the EPSCoR Collaborations for Optimizing
Research Ecosystems Research Infrastructure Improvement (E-
CORE RII) program.
Regional Innovation Engines (NSF Engines).--In lieu of the
funding specified in the Senate report, the agreement
supports the NSF Engines and notes the recent award of the
first Type-2 projects.
Daniel K. Inouye Solar Telescope (DKIST).--The agreement
adopts Senate direction regarding DKIST and provides up to
the request level for the telescope operations.
Green Bank Observatory (GBO).--The agreement provides up to
the fiscal year 2023 enacted level to support operations and
maintenance at GBO through multi-agency plans, or directly
through the Foundation.
Mid-scale Research Infrastructure.--In lieu of the funding
level in the Senate report, the agreement supports the Mid-
scale Research Infrastructure program.
Immersive Technology.--The agreement encourages NSF to
support interdisciplinary research related to immersive
technology.
National Center for Science and Engineering Statistics
(NCSES).--The agreement supports the work of the NCSES, and
encourages the NCSES to identify, compile, and analyze
existing nationwide data and conduct survey research to
better understand the national cyber workforce and to support
additional NCSES personnel to ensure adequate staffing for
this research.
Reducing Reliance on Chinese-made Plastics.--The agreement
encourages NSF to support research exploring domestically
grown hemp as a robust plastic alternative to reduce the
domestic reliance on Chinese-made plastics and directs NSF to
report to the Committees on best practices for facilitating
the cost-efficient use of plastic alternatives in government
produced or funded materials.
Wildfire Research.--The agreement encourages NSF to
increase support for air quality and wildfire research.
Arecibo Observatory (AO).--The Senate language regarding
the ``Arecibo Observatory'' is adopted. In addition, the
agreement encourages NSF to retain the scientific mission of
the AO facility.
Harmful Algal Blooms (HABs).--The agreement supports the
work of the Oceans and Human Health program to support
research into the human health impacts of HABs in marine
coastal regions, the Great Lakes Basin, and freshwater
systems. The agreement further encourages research to better
understand how the influx of nutrients, including dissolved
nitrogen and phosphorous, contribute to HAB outbreaks.
Dyslexia.--The agreement encourages NSF to support research
on learning disabilities, including dyslexia. The agreement
recognizes the critical importance of research on the early
identification of dyslexia, professional development for
teachers and administrators of students with dyslexia,
curricula and educational tools needed for children with
dyslexia, and implementation and scaling of successful models
for dyslexia intervention.
International Ocean Discovery Program (IODP).--The
agreement supports up to the budget request level for IODP
and directs NSF to support, at minimum, a full three JOIDES
Resolution expeditions in fiscal year 2024. Given the growing
threat from China and the national security importance of
retaining U.S. leadership in this space, the agreement
directs NSF to provide, within 180 days of enactment of this
act, a comprehensive plan that provides, at a minimum,
timelines, milestones, and funding requirements for the
future of U.S. scientific ocean drilling, and NSF's plan to
maintain U.S. leadership in scientific ocean drilling and
[[Page S1414]]
minimize the gap in scientific drilling capabilities.
Secure Computing Enclaves Pilot Program.--The agreement
supports the secure computing enclave pilot program to
protect sensitive Federally funded research, as authorized by
section 10374 of Public Law 117-167.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement provides $234,000,000 for Major Research
Equipment and Facilities Construction to support the Vera C.
Rubin Observatory, the High Luminosity-Large Hadron Collider
Upgrade, the Antarctic Infrastructure Recapitalization, the
Leadership Class Computing Facility, and Mid-scale Research
Infrastructure.
STEM EDUCATION
The agreement includes $1,172,000,000 for STEM Education.
In lieu of the funding amounts specified in the Senate
report, NSF is directed to continue support for STEM
Education programs at no less than the fiscal year 2021
enacted amounts.
STEM Workforce.--The agreement supports investments in STEM
education in regions of the country that have historically
faced challenges, including lower educational attainment and
higher rates of poverty, recognizing that STEM education can
contribute to the economic development of such regions by
fostering a skilled workforce and diversifying the economies
of the region. The agreement encourages NSF to support
funding for programs that create partnerships between NSF and
local community colleges to promote STEM education.
National STEM Teacher Corps.--The agreement adopts Senate
direction and funding under the heading ``National STEM
Teacher Corps''.
CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS (CHIPS) FOR
AMERICA WORKFORCE AND EDUCATION FUND
Division A of Public Law 117-167 established the CHIPS for
America Workforce and Education Fund. The agreement allocates
the funds according to the amounts listed in the following
table:
NATIONAL SCIENCE FOUNDATION ALLOCATION OF FUNDS: CHIPS ACT FISCAL YEAR
2024
(In thousands of dollars)
------------------------------------------------------------------------
Account--Project and Activity Amount ($000)
------------------------------------------------------------------------
Creating Helpful Incentives to Produce Semiconductors $25,000
(CHIPS) for America Workforce and Education Fund......
Research and Related Activities........................ (12,500)
STEM Education......................................... (12,500)
================
Total.............................................. $25,000
------------------------------------------------------------------------
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $448,000,000 for Agency Operations
and Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $5,090,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $24,410,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes two administrative provisions. The
first establishes thresholds for the transfer of funds. The
second provision is regarding notification prior to
acquisition or disposal of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $14,350,000 for the Commission on
Civil Rights.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $455,000,000 for the Equal
Employment Opportunity Commission (EEOC).
Use of Advanced Technology.--In addition to the directive
in the Senate report under the heading ``Artificial
Intelligence and Algorithmic Fairness,'' the agreement
directs the EEOC to include in its report to the Committees
on instances the EEOC consults with artificial intelligence
experts and its plans for the issuance of any technical
assistance to employers.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $122,000,000 for the International
Trade Commission (ITC). The Senate report language is not
adopted.
Litigation Transparency.--The agreement directs the ITC to
brief the Committees, within 60 days of the enactment of this
act, on investigations undertaken by the ITC regarding real
parties in interest, current disclosure requirements,
remedial measures available, and any recommendations to
address such concerns without overburdening litigants or
creating unintended consequences.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $560,000,000 for the Legal Services
Corporation (LSC).
administrative provision
The bill includes language permitting LSC grantees to
operate with boards of directors composed of no less than 33
percent attorneys without requiring appointment by bar
associations.
Marine Mammal Commission
salaries and expenses
The agreement includes $4,500,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $74,000,000 for the
Office of the U.S. Trade Representative (USTR). For fiscal
year 2024, USTR is directed to continue following the
requirements in the joint explanatory statement accompanying
Public Law 117-103 under the heading ``Quad Strategic
Partnership.''
Bilateral Trade Discussions.--As USTR continues bilateral
trade discussions on behalf of the United States with various
countries, including China and India, the agreement
encourages USTR to continue to prioritize key U.S. export
markets to ensure U.S. exporters are treated fairly. The
agreement urges USTR to continue to prioritize fair treatment
for American companies and enforcement of all of our trading
partners' obligations.
Section 301 Exclusion Processes.--The agreement encourages
USTR to increase transparency and consistency in its section
301 exclusion process and to make the process less cumbersome
to navigate, especially for small- and medium-sized
businesses.
salaries and expenses
The agreement includes $59,000,000 for the salaries and
expenses of USTR.
trade enforcement trust fund
(including transfer of funds)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
salaries and expenses
The agreement includes $7,640,000 for the State Justice
Institute.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
act from remaining available for obligation beyond the
current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this act for any consulting
service through procurement contracts 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 existing
Executive order issued pursuant to existing law.
Section 504 provides that if any provision of this act or
the application of such provision to any person or
circumstance shall be held invalid, the remainder of this act
and the application of other provisions shall not be
affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project, or activity; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employee; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any
function or activity presently performed by Federal
employees; (7) augments funds for existing programs,
projects, or activities in excess of $500,000 or 10 percent,
whichever is less, or reduces by 10 percent funding for any
existing program, project, or activity, or numbers of
personnel by 10 percent; or (8) results from any general
savings, including savings from a reduction in personnel,
which would result in a change in existing programs,
projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to
any product that was not made in America that person shall
not be eligible to receive any contract or subcontract with
funds made available in this act. The section further
provides that to the extent practicable, with respect to
purchases of promotional items, funds made available under
this act shall be used to purchase items manufactured,
produced, or assembled in the United States or its
territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency,
and provides transfer authority between appropriation
accounts to carry out this provision, subject to
reprogramming procedures.
Section 509 prohibits funds made available in this act from
being used to promote the
[[Page S1415]]
sale or export of tobacco or tobacco products or to seek the
reduction or removal of foreign restrictions on the marketing
of tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type. This provision is not intended to impact routine
international trade services to all U.S. citizens, including
the processing of applications to establish foreign trade
zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of DOJ funds for programs
that discriminate against or denigrate the religious or moral
beliefs of students participating in such programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of
the United States Government, except for transfers made by,
or pursuant to authorities provided in, this agreement or any
other appropriations act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration,
the National Science Foundation and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds to include certain
language in trade agreements.
Section 517 prohibits the use of funds in this act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the FBI to issue
NSLs.
Section 518 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 519 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal
year 2024.
Section 520 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has no unpaid Federal
tax assessment.
(rescissions)
Section 521 provides for rescissions of unobligated
balances. Subsection (d) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated.
Section 522 prohibits the use of funds in this act for the
purchase of first class or premium air travel in
contravention of the Code of Federal Regulations.
Section 523 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees,
who are stationed in the United States, at any single
conference outside the United States, unless the conference
is: (1) a law enforcement training or operational event where
the majority of Federal attendees are law enforcement
personnel stationed outside the United States; (2) a
scientific conference for which the department or agency head
has notified the House and Senate Committees on
Appropriations that such attendance is in the national
interest, along with the basis for such determination.
Section 524 requires any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this act to track and report on
undisbursed balances in expired grant accounts.
Section 525 requires, when practicable, the use of funds in
this act to purchase light bulbs that have the ``Energy
Star'' or ``Federal Energy Management Program'' designation.
Section 526 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or
effectuate the hosting of official Chinese visitors at
certain facilities unless the activities are authorized by
subsequent legislation or NASA, OSTP, or NSC have made a
certification pursuant to subsections (c) and (d) of this
section.
Section 527 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 528 requires the departments and agencies funded in
this act to submit spending plans.
Section 529 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract. The heads of executive branch departments,
agencies, boards, and commissions funded by this act are
directed to require that all contracts within their purview
that provide award fees link such fees to successful
acquisition outcomes, specifying the terms of cost, schedule,
and performance.
Section 530 prohibits the use of funds by DOJ or DEA in
contravention of a certain section of the Agricultural Act of
2014.
Section 531 prohibits DOJ from preventing certain states
from implementing state laws regarding the use of medical
marijuana.
Section 532 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation of travel
to China.
Section 533 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 534 prohibits the use of funds in this act to
require certain export licenses.
Section 535 prohibits the use of funds in this act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 536 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Section 537 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 538 includes language regarding detainees held at
Guantanamo Bay.
Section 539 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 540 extends the availability of certain funds.
Section 541 provides that the Department of Commerce and
FBI may utilize funding to provide payments pursuant to
section 901(i)(2) of title IX of division J of the Further
Consolidated Appropriations Act, 2020.
Section 542 is a new provision regarding administrative
resources for Department of Commerce broadband programs.
Section 543 prohibits the use of funds made available by
this act to move a Bureau of Alcohol, Tobacco, Firearms and
Explosives facility.
Section 544 amends section 1001 of title X of division FF
of Public Law 116-260.
Section 545 makes amendments to the Trafficking Victims
Protection Act of 2000.
Section 546 sets certain requirements for the allocations
of funds related to the CHIPS Act of 2022 (Public Law 117-
167).
creating helpful incentives to produce semiconducters (chips) for
america fund
Division A of Public Law 117-167 established the CHIPS for
America Fund. The agreement allocates the funds according to
the amounts listed in the following table.
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FUNDS: CHIPS ACT FISCAL YEAR 2024
[In thousands of dollars]
------------------------------------------------------------------------
Account--Project and Activity Amount ($000)
------------------------------------------------------------------------
Section 9902:
Creating Helpful Incentives to Produce Semiconductors $5,000,000
(CHIPS) for America Fund............................
Secure Enclave..................................... (1,500,000)
Administrative Expenses............................ (100,000)
Office of the Inspector General, Salaries and (3,900)
Expenses..........................................
================
Total, Section 9902................................ $5,000,000
Section 9906:
Industrial Technology Services....................... $1,245,000
National Semiconductor Technology Center........... (1,100,000)
Advanced Packaging Manufacturing Program........... (95,000)
Manufacturing USA Institute........................ (50,000)
Scientific and Technology Research and Services...... 55,000
NIST Metrology Program............................. (29,000)
Administrative Expenses............................ (26,000)
Office of the Inspector General, Salaries and (1,100)
Expenses..........................................
================
Total, Section 9906................................ $1,300,000
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FUNDS: CHIPS ACT FISCAL YEAR 2025
[In thousands of dollars]
------------------------------------------------------------------------
Account--Project and Activity Amount ($000)
------------------------------------------------------------------------
Section 9902:
Creating Helpful Incentives to Produce Semiconductors $1,500,000
(CHIPS) for America Fund............................
Secure Enclave..................................... (1,500,000)
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE ALLOCATION OF NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FUNDS: CHIPS ACT FISCAL YEAR 2026
[In thousands of dollars]
------------------------------------------------------------------------
Account--Project and Activity Amount ($000)
------------------------------------------------------------------------
Section 9902:
Creating Helpful Incentives to Produce Semiconductors $500,000
(CHIPS) for America Fund............................
Secure Enclave..................................... (500,000)
------------------------------------------------------------------------
Periodic Briefings.--Beginning in June, and quarterly
thereafter, the Department of Commerce, Department of Defense
and the
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Office of the Director of National Intelligence, shall
provide briefings to the congressional defense and
intelligence committees, the Senate Committee on Commerce,
Science, and Transportation, the House Energy and Commerce
Committee, the House Committee on Science, Space, and
Technology, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives on Secure Enclave. Such briefings shall
include updates on cost, schedule and performance and any
other matters deemed appropriate by the congressional
oversight committees listed above.
Disclosure of Earmarks and Congressionaly Directed Spending Items
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
The following statement to the House of Representatives and
the Senate is submitted in explanation of the agreed upon Act
making appropriations for energy and water development for
the fiscal year ending September 30, 2024, and for other
purposes.
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 118-126 and
Senate Report 118-72 carries the same weight as the language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary in this
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein. Additionally,
where this explanatory statement states that the ``agreement
only includes'' or ``the following is the only'' direction,
any direction included in the House or Senate report on that
matter shall be considered as replaced with the direction
provided within this explanatory statement. In cases where
the House, the Senate, or this explanatory statement has
directed a briefing or the submission of a report, such
briefing or report is to be submitted to the Committees on
Appropriations of both Houses of Congress, hereinafter
referred to as the Committees. House or Senate reporting
requirements with deadlines prior to or within 15 days of
enactment of this Act shall be submitted not later than 60
days after enactment of this Act. All other reporting
deadlines not changed by this explanatory statement are to be
met.
Funds for the individual programs and activities within the
accounts in this Act are displayed in the detailed table at
the end of the explanatory statement for this Act. Funding
levels that are not displayed in the detailed table are
identified in this explanatory statement.
In fiscal year 2024, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-
177), the following information provides the definition of
the term ``program, project, or activity'' for departments
and agencies under the jurisdiction of the Energy and Water
Development and Related Agencies Appropriations Act. The term
``program, project, or activity'' shall include the most
specific level of budget items identified in the Energy and
Water Development and Related Agencies Appropriations Act,
2024 and the explanatory statement accompanying this Act.
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The summary tables included in this title set forth the
dispositions with respect to the individual appropriations,
projects, and activities of the Corps of Engineers (Corps).
Additional items of this Act are discussed below.
Advanced Funds Agreements.--The agreement reiterates Senate
direction.
Beneficial Use of Dredged Material.--The agreement
reiterates Senate direction.
Continuing Contracts.--The agreement reiterates House and
Senate direction.
Invasive Carp.--Congress has provided consistent funding to
develop the program authorized in section 509 the Water
Resources Development Act (WRDA) of 2020 and is frustrated
with the lack of progress. The Corps is expected to finalize
this program in fiscal year 2024. The agreement reiterates
House and Senate direction with respect to this program and
efforts to prevent invasive carp from reaching the Great
Lakes.
Program Delivery.--The agreement reiterates House
direction.
Reporting Requirement.--The agreement reiterates Senate
direction.
Additional Funding
In lieu of all House and Senate direction--under any
heading--regarding additional funding, new starts, and the
fiscal year 2024 work plan, the Corps shall follow the
direction included in this explanatory statement.
The executive branch retains discretion over project-
specific allocation decisions, subject to only the direction
here and under the heading ``Additional Funding'' or
``Additional Funding for Ongoing Work'' within each of the
Investigations, Construction, Mississippi River and
Tributaries, and Operation and Maintenance accounts. The
Administration is reminded that these funds are in addition
to the budget request, and Administration budget metrics
shall not be a reason to disqualify a study or project from
being funded. A study or project may not be excluded from
evaluation for funding due to being ``inconsistent with
Administration policy.''
The agreement reiterates House direction regarding
voluntary funding in excess of legally required cost shares.
It is expected that all of the additional funding provided
will be allocated to specific programs, projects, or
activities, and the allocation process shall favor the
obligation, rather than expenditure, of funds. Additionally,
the Administration shall consider the extent to which the
Corps is able to obligate funds as it allocates the
additional funding. The Corps shall evaluate all studies and
projects only within accounts and categories consistent with
previous congressional funding.
A project or study shall be eligible for additional funding
within the Investigations, Construction, and Mississippi
River and Tributaries accounts if: (1) it has received
funding, other than through a reprogramming, in at least one
of the previous three fiscal years; (2) it was previously
funded and could reach a significant milestone, complete a
discrete element of work, or produce significant outputs in
fiscal year 2024; or (3) as appropriate, it is selected as
one of the new starts allowed in accordance with this Act and
the additional direction provided below. None of the
additional funding in any account may be used for any item
where funding was specifically denied or for projects in the
Continuing Authorities Program (CAP). Funds shall be
allocated consistent with statutory cost share requirements.
The agreement reiterates Senate direction regarding
allocating funds to projects consistent with categories and
subcategories of Additional Funding provided.
Work Plan.--The Corps is directed to provide to the
Committees not later than 60 days after enactment of this Act
a work plan consistent with House and Senate direction
regarding what information the work plan shall include. Such
work plan shall also include a delineation of funds that were
made available from Public Law 117-58, and in what amounts,
to projects listed in the table titled ``Corps of Engineers--
Construction.'' The agreement reiterates Senate direction
with respect to apportioning funding for Congressionally
Directed Spending. The Corps is directed to include with the
work plan and future budget requests a list of studies and
projects with adjusted cost share using the definition issued
pursuant to section 160 of WRDA 2020 and the applicable cost
share.
New Starts.--In addition to individual new starts
specifically identified in this Act, the agreement includes
three additional new starts in Investigations and one in
Construction. The three new starts in Investigations shall be
for flood and storm damage reduction studies that were
authorized in WRDA 2022 and are in states that had a Federal
Disaster Emergency declared in 2022. The new construction
start shall be for flood and storm damage reduction. No
further additional new starts are provided for in this Act.
The Corps is directed to notify the Committees at least
seven days prior to execution of an agreement for
construction of any project except environmental
infrastructure projects and projects under the CAP. Neither
study nor construction activities related to individual
projects authorized under section 1037 of Water Resources
Reform and Development Act of 2014 shall require a new start
or new investment decision; these activities shall be
considered ongoing work. No new start or new investment
decision shall be required when moving from feasibility to
preconstruction, engineering, and design (PED). The
initiation of construction of an individually authorized
project funded within a programmatic line item may not
require a new start designation provided that some amount of
construction funding under such programmatic line item was
appropriated and expended during the previous fiscal year. No
new start or new investment decision shall be required to
initiate work on a separable element of a project when
construction of one or more separable elements of that
project was initiated previously, it shall be considered
ongoing work. A new construction start shall not be required
for work undertaken to correct a design deficiency on an
existing federal project, it shall be considered ongoing
work.
The Corps is directed to propose a single group of new
starts as a part of the work plan. The Corps may not change
or substitute the new starts selected once the work plan has
been provided to the Committees. The Administration is
reminded that only new starts with a willing and able non-
federal sponsor should be included in the work plan.
investigations
(including rescission of funds)
The agreement includes $142,990,000 for Investigations. The
agreement also includes a rescission of $11,413,000 of
unused, previously appropriated funds, for a net
appropriation of $131,577,000.
The allocation for studies, projects and activities within
the Investigations account is shown in the following table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--The Corps is expected to allocate the
additional funding provided in this account primarily to
specific feasibility and PED phases, rather than to remaining
items as has been the case in previous work plans. The Corps
shall include appropriate funding for studies initiated in
fiscal year 2023.
Of the additional funding provided in the PED column in the
table in this account, $7,000,000 shall be for Flood Risk
Management PED activities.
The agreement reiterates House and Senate direction
regarding priorities to be considered.
Arkansas Red River Chloride.--For the third consecutive
year, the agreement rejects the budget request proposal to
fund a disposition study for the Arkansas Red River Chloride
Control project. The Corps is reminded that a project for
which the agreement has explicitly denied funding shall not
continue during the period covered by the most recently
enacted appropriations bill or a subsequent continuing
resolution.
Buffalo Bayou Tributaries and Resiliency Study.--The Corps
is directed to provide not later than 60 days after enactment
of this Act a briefing to the Committees on a final plan,
cost estimate, and schedule for completion of the study.
Planning Support Program.--The agreement includes no
direction.
Preconstruction, Engineering, and Design (PED).--The
agreement recognizes a fundamental flaw with the current
policies the Corps uses to plan and design projects.
Specifically, the Corps shifts risk to PED to comply with
study duration and cost metrics. At the same time water
resources development projects are increasingly complex and
more frequently multi-billion dollar projects. The
combination of these two phenomena produces significant cost
inaccuracies and uncertainties that are not discovered nor
addressed until after a project is authorized, or worse,
after construction begins. The budget recommendations fail to
address or acknowledge this flaw because sufficient PED has
not been completed to reduce risk before construction.
Rather, the willingness to advance Chief's reports and move
projects into construction with minimal design in order to
keep an artificial cap on the Investigations account
exacerbates increased costs over the duration of a
construction project. The Corps is expected to make changes
that address these challenges in order for non-federal
sponsors, the Corps, and the Committees to have more clarity
of project scope, challenges, and cost estimates before
construction commences.
The Corps is directed to provide to the Committees not
later than 60 days after enactment of this Act a briefing on
technical information related to study and project execution
specific to PED. The briefing shall address the appropriate
level of design during feasibility studies, the appropriate
level of PED required before a construction new start, and
how cost estimate classifications may best be adjusted for
changing environments. Finally, the briefing should address
any system or database challenges that could hinder execution
of these necessary changes.
Project Cost Updates.--Corps policy requires regular
updates of the economics and costs of authorized projects
that have not yet received construction funds, but such
updates are not feasible without dedicated funds. The
agreement provides funding for updates to authorized projects
that have not received construction funds where those updates
are necessary to recertify project costs or verify economic
justification. The Corps is encouraged to recommend funding
in future budget submissions for these activities.
Research and Development.--The agreement provides
$4,000,000 to continue the modernization of existing Corps
coastal and hydraulics models.
Research and Development, Biopolymers.--The agreement
provides $6,000,000 to complete this effort.
Research and Development, Flood and Coastal Systems.--The
agreement provides $5,000,000 to complete efforts to research
and develop automated assessment and inspection of flood
control systems, for the purpose of identifying levee
deficiencies.
Research and Development, Modeling.--The agreement funds
this effort in the Operation and Maintenance account, under
the heading ``Regional Sediment Management, Geophysical
Modeling.''
Research and Development, Urban Flood Damage Reduction.--
The agreement funds this effort in the Operation and
Maintenance account, under the heading ``Water Operations
Technical Support, Urban Flood Damage Reduction and Stream
Restoration in Arid Regions.''
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
The agreement includes $1,854,688,000 for Construction. The
agreement also includes a rescission of $9,678,000 of unused,
previously appropriated funds, for a net appropriation of
$1,845,010,000. The agreement also includes $1,434,500,000
from the use of prior-year balances from Public Law 117-58.
Of the funds made available from Public Law 117-58, not less
than $113,537,000 shall be allocated to inland navigation
purpose construction projects named in the following table.
The allocation for projects and activities within the
Construction account is shown in the following table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding.--Of the additional funding provided in
this account for flood and storm damage reduction, the Corps
shall allocate not less than $30,000,000 to additional
nonstructural flood control projects and continue
construction of projects that principally address drainage in
urban areas, of which not less than $20,000,000 shall be for
projects that principally include improvements to rainfall
drainage systems that address flood damages.
Of the additional funding provided in this account, the
Corps shall allocate not less than $20,000,000 to projects
with riverfront development components.
Of the additional funding for other authorized project
purposes and environmental restoration or compliance, the
Corps shall allocate not less than $20,000,000 for execution
of comprehensive restoration plans developed by the Corps for
major bodies of water. The Corps is reminded that shore
protection projects are eligible to compete for additional
funding for flood and storm damage reduction.
Of the additional funding provided for Environmental
Infrastructure, not less than $11,000,000 shall be for a
multi-state environmental infrastructure program.
When allocating the additional funding provided in this
account, the Corps is encouraged to evaluate authorized
reimbursements in the same manner as if the projects were
being evaluated for new or ongoing construction. The
agreement reiterates House and Senate direction regarding
priorities to be considered.
Aquatic Plant Control Program.--The agreement includes
additional funding of $9,000,000 for watercraft inspection
stations and related monitoring, consistent with Senate
direction; $1,000,000 for activities related to monitoring,
surveying and control of hydrilla verticillate and flowering
rush; $5,000,000 for nationwide research; and $5,000,000 to
address infestations of hydrilla in Lake Champlain and the
Connecticut River basins. The agreement notes that there is
no additional capability for activities authorized pursuant
to section 509 of WRDA 2020; the agreement expects swift
progress on these efforts using existing funds.
Aquatic Plant Control Program, Mississippi River Basin.--
The agreement includes $150,000 consistent with Senate
direction.
Charleston Harbor.--The funding provided is for
reimbursement of the advanced funds provided by the non-
federal sponsor.
Chicago Sanitary and Ship Canal Dispersal Barrier,
Illinois.--The agreement reiterates Senate direction.
Environmental Infrastructure.--Funding is provided under
the heading ``Additional Funding.''
Levisa and Tug Forks and Upper Cumberland River, VA, WV, &
KY.--The funding is provided to initiate the Detailed Project
Report for McDowell County, WV.
Prior-year Balances (CAP).--Prior-year balances shall be
derived from unobligated, previously appropriated CAP funds.
Real Estate Requirements for Shore Protection Projects.--
The agreement notes ongoing obstacles to carrying out
authorized shore protection projects in the South Atlantic
Division. The lack of progress is concerning. The Corps is
directed to review its existing real estate policies that
were developed to ensure compliance with WRDA 1986. Not later
than 90 days after enactment of this Act the Corps shall
provide to the appropriate committees of Congress a briefing
that recommends alternatives to existing real estate
requirements that would enable expeditious construction of
delayed projects and incorporates the views of non-federal
sponsors.
MISSISSIPPI RIVER AND TRIBUTARIES
(INCLUDING RESCISSION OF FUNDS)
The agreement includes $368,037,000 for Mississippi River
and Tributaries. The agreement also includes a rescission of
$1,110,000 of unused, previously appropriated funds, for a
net appropriation of $366,927,000.
The allocation for projects and activities within the
Mississippi River and Tributaries account is shown in the
following table:
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Additional Funding for Ongoing Work.--When allocating the
additional funding provided in this account, the Corps shall
consider giving priority to completing or accelerating
ongoing work that will enhance the nation's economic
development, job growth, and international competitiveness or
for studies or projects located in areas that have suffered
recent natural disasters. While this funding is shown under
remaining items, the Corps shall use these funds in
Investigations, Construction, and Operation and Maintenance,
as applicable. When allocating additional funds recommended
in this account, the Corps is directed to consider
cooperative projects addressing watershed erosion,
sedimentation, flooding, and environmental degradation.
OPERATION AND MAINTENANCE
(INCLUDING RESCISSION OF FUNDS)
The agreement includes $5,552,816,000 for Operation and-
Maintenance. The agreement also includes a rescission of
$30,000 of unused, previously appropriated funds, for a net
appropriation of $5,552,786,000.
The allocation for projects and activities within the
Operation and Maintenance account is shown in the following
table:
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Updated Capabilities.--The agreement adjusts some project-
specific allocations downward based on updated technical
information from the Corps.
Additional Funding for Ongoing Work.--The agreement
reiterates House and Senate direction regarding priorities to
be considered.
Of the additional funding provided in this account for
navigation maintenance, the Corps shall allocate not less
than $350,000 for the purpose of completing the report
required in section 8205 of WRDA 2022. It is expected that
completion of this report will enable Corps Districts to
readily develop work packages for Harbor Maintenance Trust
Fund (HMTF)-eligible work that reflects maintenance to
authorized dimensions instead of historical maintenance
levels.
Of the additional funding provided in this account for
other authorized project purposes, $200,000 shall be to
provide a report consistent with the direction under the
heading ``Levee Rehabilitation Projects in the Northwestern
Division.''
Of the additional funding provided in this account for
other authorized project purposes, $2,600,000 shall be for
cooperation and coordination with the Great Lakes States to
develop sediment transport models for Great Lakes tributaries
that discharge to federal navigation channels and for water
control manual updates for non-Corps owned high hazard dams
where: (1) the Corps has a responsibility for flood control
operations under section 7 of the Flood Control Act of 1944;
(2) the dam requires coordination of water releases with one
or more other high-hazard dams for flood control purposes;
and (3) the dam owner is actively investigating the
feasibility of applying forecast-informed reservoir
operations.
The Corps shall allocate the additional funding provided in
this account consistent with the direction under the headings
``Donor & Energy Transfer Ports'' and ``Harbor Maintenance
Trust Fund Targets.''
Aquatic Nuisance Control Research Program.--The agreement
provides $5,000,000 to supplement activities related to
harmful algal bloom research and control, consistent with
House direction; $3,500,000 to develop next generation
ecological models, consistent with House and Senate
direction; $5,000,000 to continue work on the Harmful Algal
Bloom Demonstration Program, as authorized by WRDA of 2020;
and $4,000,000 to work with university partners, consistent
with Senate direction.
Asset Management/Facilities and Equipment Maintenance
(FEM).--The agreement provides $2,000,000 to continue
research on novel approaches to repair and maintenance
practices that will increase civil infrastructure
intelligence and resilience.
Asset Management/FEM, Structural Health Monitoring.--The
agreement includes $5,000,000 to support the structural
health monitoring program to facilitate research to maximize
operations, enhance efficiency, and protect asset life
through catastrophic failure mitigation.
Coastal Inlets Research Program.--The agreement includes
$14,200,000 in addition to the budget request for the Corps-
led, multi-university effort to identify engineering
frameworks to address coastal resilience needs; to develop
adaptive pathways that lead to coastal resilience; for
efforts that measure the coastal forces that lead to
infrastructure damage and erosion during extreme storm
events; to improve coupling of terrestrial and coastal
models; and to continue work with the National Oceanic and
Atmospheric Administration's National Water Center on
protecting the nation's water resources.
Coastal Ocean Data System (CODS).--The agreement includes
$9,800,000 to continue CODS base program activities, of which
not less than $6,000,000 for long-term coastal wave and
coastal sediment observations, research, and data products
that support sustainable coastal and navigation projects.
Donor & Energy Transfer Ports.--The agreement directs the
Corps to allocate any work plan HMTF funding for Donor and
Energy Transfer Ports consistent with section 102 and section
104 of WRDA 2020. The Corps is reminded that Donor and Energy
Transfer Ports are eligible to receive additional funding
recommended in the deep-draft harbor and channel funding line
for expanded uses.
Engineering With Nature.--The agreement includes $5,000,000
to support ongoing research with university partners and
$5,000,000 to support research, development, and design of
natural infrastructure solutions for the nation's bays and
estuaries, consistent with House and Senate direction, as
applicable.
Harbor Maintenance Trust Fund Targets.--The agreement
expresses disappointment that the Corps has twice failed to
recommend HMTF work to meet the section 102 WRDA 2020 targets
and encourages the Corps to include full funding in future
budget submissions. Donor and energy transfer ports are
critical to the national supply chain and fundamental to
maintaining international competitiveness. Stable HMTF
funding for expanded uses can assist with capital
improvements at these critical ports, which already pay a
significant share of the collected tax. The agreement expects
the Corps to meet the donor and energy target in the fiscal
year 2024 work plan. In conjunction with the fiscal year 2024
work plan, the Corps is directed to provide to the Committees
a list of all projects with HMTF funding amounts for each
section 102 WRDA target, including expanded uses.
Inland Water Navigation Charts.--The agreement reiterates
Senate direction.
Lake Sidney Lanier, GA.--The agreement notes local
frustration stemming from the threat of closing campgrounds
and other recreational services in the vicinity of Lake
Lanier at the start of peak recreation season. The Corps is
expected to partner and collaborate with local communities
and stakeholders to find creative opportunities to maximize
recreation opportunities.
Levee Safety.--The agreement includes $1,000,000 to meet
the requirements of section 131 of WRDA 2020. The agreement
notes that the Corps has paused the formation of the Levee
Safety Committee to better incorporate the views of levee
sponsors. The Corps is directed to provide a briefing to the
Committees at least 30 days prior to resuming these efforts.
Levee Rehabilitation Projects in the Northwestern
Division.--The agreement reiterates Senate direction. Funding
for this work in the amount of $200,000 is provided under the
heading ``Additional Funding for Ongoing Work''.
Monitoring of Completed Navigation Projects, Fisheries.--
The Corps is directed to continue ongoing research. The
agreement includes $3,000,000 for research to assist the
Corps across all waterways, lock structures, lock operation
methods, and fish species and that will more fully inform the
Corps' operations. Additionally, the agreement provides
$1,500,000 for the National Information Collaboration on Eco-
hydraulics effort to research the impact of reduced lock
operations on riverine fish, consistent with House and Senate
direction, as applicable.
Monitoring of Completed Navigation Projects, Structural
Health Monitoring.--Funding is provided under the heading
``Asset Management/Facilities and Equipment Maintenance
(FEM).''
North Atlantic Division Report on Hurricane Barriers and
Harbors of Refuge.--Within available funds for ``Reducing
Civil Works Vulnerabilities'', the agreement includes
$700,000 for the report mandated under section 1218 of
America's Water Infrastructure Act (AWIA) of 2018.
Regional Dredge Contracting.--The agreement notes that the
Corps has utilized regional dredge contracting in various
regions but not in New England. The Corps is encouraged to
enter into regional contracts to support increased
efficiencies in the deployment of dredges for navigation
projects in the New England region. The Corps is directed to
brief the Committees not later than 45 days after enactment
of this Act on the opportunities to implement regional dredge
contracting processes in the New England region.
Regional Sediment Management.--The agreement includes
$6,000,000 to develop integrated tools that build coastal
resilience across navigation, flood risk management, and
ecosystem projects within the program.
Regional Sediment Management, Geophysical Modeling.--The
agreement reiterates Senate direction.
Water Operations Technical Support (WOTS), Forecast
Informed Reservoir Operations (FIRO).--The agreement includes
$10,000,000 to continue progress.
Water Operations Technical Support, Urban Flood Damage
Reduction and Stream Restoration in Arid Regions.--The
agreement reiterates Senate direction.
Water Operations Technical Support, Water Control Manual
Updates.--Funding is provided under the heading ``Additional
Funding for Ongoing Work.''
REGULATORY PROGRAM
The agreement includes $221,000,000 for the Regulatory
Program.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
The agreement includes $300,000,000 for the Formerly
Utilized Sites Remedial Action Program.
FLOOD CONTROL AND COASTAL EMERGENCIES
The agreement includes $35,000,000 for Flood Control and
Coastal Emergencies.
EXPENSES
The agreement includes $216,000,000 for Expenses. The
agreement reiterates Senate direction with respect to an
Office of Congressional Affairs and the purpose of funding
provided. The agreement reiterates House direction with
respect to responsiveness to congressional inquiries. The
agreement includes no additional direction.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
The agreement includes $5,000,000 for the Office of the
Assistant Secretary of the Army for Civil Works. The
agreement includes a restriction on the obligation of funds
related to written recommendations.
A timely and accessible executive branch in the course of
fulfilling its constitutional role in the appropriations
process is essential. The requesting and receiving of basic,
factual information, such as budget justification materials
and statutorily required reports, including execution reports
and damage repair estimates, are vital in order to maintain a
transparent and open governing process. The agreement
recognizes that some discussions internal to the executive
branch are pre-decisional in nature and, therefore, not
subject to disclosure. However, the access to facts, figures,
and statistics that inform these decisions are not subject to
this same sensitivity and are critical to the appropriations
process. The Administration shall ensure timely and complete
responses to these inquiries. While the agreement notes
initial progress in providing the
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required reports, the regression to significant delays was
swift and conspicuous. It is imperative that these reports
are provided on a regular basis here forward.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides $7,200,000 for the Water
Infrastructure Finance and Innovation Program Account,
including $5,000,000 for program development, administration,
and oversight and $2,200,000 for the financial assistance
authorized by the Water Infrastructure Finance and Innovation
Act (Public Law 113-121) program.
General Provisions--Corps of Engineers--Civil
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes a provision relating to
reprogramming.
The agreement includes a provision regarding the allocation
of funds.
The agreement includes a provision prohibiting the use of
funds to carry out any contract that commits funds beyond the
amounts appropriated for that program, project, or activity.
The agreement includes a provision regarding funding
transfers to the Fish and Wildlife Service.
The agreement includes a provision regarding certain
dredged material disposal activities. The Corps is directed
to brief the Committees not later than 90 days after
enactment of this Act on dredged material disposal issues.
The agreement includes a provision regarding reallocations
at a project.
The agreement includes a provision regarding eligibility
for additional funding. Whether a project is eligible for
funding under a particular provision of additional funding is
a function of the technical details of the project; it is not
a policy decision. The Chief of Engineers is the federal
government's technical expert responsible for execution of
the Civil Works program and for offering professional advice
on its development. Therefore, the provision in this
agreement clarifies that a project's eligibility for
additional funding shall be solely the professional
determination of the Chief of Engineers.
The agreement includes a provision related to eligibility
for participation in the Public Law 84-99 program.
The agreement includes a provision related to the use of
previously appropriated funds.
The agreement includes a provision directing the use of
previously appropriated funds.
The agreement includes a provision related to eligibility
of certain projects for funding.
The agreement includes a provision related to the use of
previously appropriated funds.
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
The agreement includes a total of $23,000,000 for the
Central Utah Project Completion Account.
Bureau of Reclamation
In lieu of all House and Senate direction regarding
additional funding and the fiscal year 2024 work plan, the
agreement includes direction under the heading ``Additional
Funding for Ongoing Work'' in the Water and Related Resources
account.
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $1,751,698,000 for Water and Related
Resources.
The agreement includes legislative language, in accordance
with Public Law 114-322, to allow the use of certain funding
provided in prior fiscal years.
The agreement for Water and Related Resources is shown in
the following table:
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Additional Funding for Ongoing Work.--The agreement
includes funds above the budget request for Water and Related
Resources studies, projects, and activities. This funding is
for additional work that either was not included in the
budget request or was inadequately budgeted. Priority in
allocating these funds should be given to advance and
complete ongoing work, including preconstruction activities
and where environmental compliance has been completed;
improve water supply reliability; improve water deliveries;
enhance national, regional, or local economic development;
promote job growth; advance tribal and nontribal water
settlement studies and activities; or address critical
backlog maintenance and rehabilitation activities.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $134,000,000 shall be
for water storage projects as authorized in section 4007 of
the Water Infrastructure Improvements for the Nation (WIIN)
Act (Public Law 114-322).
Of the additional funding provided under the heading
``Water Conservation and Delivery'', $50,000,000 shall be for
implementing the Drought Contingency Plan in the Lower
Colorado River Basin to create or conserve recurring Colorado
River water that contributes to supplies in Lake Mead and
other Colorado River water reservoirs in the Lower Colorado
River Basin or projects to improve the long-term efficiency
of operations in the Lower Colorado River Basin, consistent
with the Secretary's obligations under the Colorado River
Drought Contingency Plan Authorization Act (Public Law 116-
14) and related agreements. None of these funds shall be used
for the operation of the Yuma Desalting Plant and nothing in
this section shall be construed as limiting existing or
future opportunities to augment the water supplies of the
Colorado River.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', not less than
$20,000,000 shall be for the planning, pre-construction, or
construction activities related to projects found to be
feasible by the Secretary and that are ready to be initiated
for the repair of critical Reclamation canals where
operational conveyance capacity has been seriously impaired
by factors such as age or land subsidence, especially those
that would imminently jeopardize Reclamation's ability to
meet water delivery obligations in drought-prone states, of
which not less than $5,000,000 shall be for the Friant-Kern
Canal, San Luis Canal, and Delta Mendota Canal.
Of the additional funding provided under the heading
``Water Conservation and Delivery'', not less than
$10,000,000 shall be allocated to aquifer recharge projects.
Reclamation is reminded that projects authorized pursuant to
section 40910 of Public Law 117-58 are eligible to compete
for these funds.
Of the additional funding provided under the heading ``Fish
Passage and Fish Screens'', $6,000,000 shall be for the
Anadromous Fish Screen Program.
Of the additional funding provided under the heading
``Environmental Restoration or Compliance'', not less than
$20,000,000 shall be for activities authorized under sections
4001 and 4010 of the WIIN Act (Public Law 114-322) or as set
forth in federal-state plans for restoring threatened and
endangered fish species affected by the operation of
Reclamation's water projects.
Not later than 45 days after enactment of this Act,
Reclamation shall provide to the Committees a report
delineating how the additional funds in this account are to
be distributed, in which phase the work is to be
accomplished, and an explanation of the criteria and rankings
used to justify each allocation.
Reclamation is reminded that voluntary funding in excess of
legally required cost shares for rural water projects is
acceptable but shall not be used by Reclamation as a
criterion for allocating additional funding provided in this
agreement or for budgeting in future years.
Reclamation is reminded that the following activities are
eligible to compete for funding under the appropriate
heading: activities authorized under Indian Water Rights
Settlements; all authorized rural water projects, including
those with tribal components, those with non-tribal
components, and those with both; water storage and beneficial
use; ongoing work, including preconstruction activities, on
projects that provide new or existing water supplies through
additional infrastructure; and activities authorized under
section 206 of Public Law 113-235.
Aquatic Ecosystem Restoration Program.--The agreement
includes an additional $3,250,000 for studies or projects
that will develop alternative pumping sites in a location to
produce multiple benefits including dewatering of river
segments, improved water quality, and reliable water
delivery.
Land Resources Management Program.--The agreement includes
no direction.
Research and Development: Desalination and Water
Purification Program.--The agreement includes $12,000,000 for
desalination projects as authorized in section 4009(a) of the
WIIN Act (Public Law 114-322). Reclamation shall not impose
administrative project cost caps and shall use the statutory
Federal cost share for section 4009(a) projects.
Research and Development: Science and Technology Program.--
The agreement provides $5,000,000 for Reclamation's Airborne
Snow Observatory (ASO) program to support implementation of
ASO flights and $1,500,000 for continued collaboration with
the U.S. Department of Agriculture and the National Oceanic
Atmospheric Administration on efforts to improve real-time
and derived snow water information.
WaterSMART Program: Open Evapotranspiration System.--The
agreement reiterates Senate direction and notes concerns
related to privacy, data quality, and potential regulatory
impacts. The briefing shall also include Reclamation's
assessment of these concerns and any potential solutions.
WaterSMART Program: Title XVI Water Reclamation & Reuse
Program.--The agreement includes $20,000,000 for water
recycling and reuse projects as authorized in section 4009(c)
of the WIIN Act (Public Law 114-322).
CENTRAL VALLEY PROJECT RESTORATION FUND
The agreement provides an indefinite appropriation, which
allows Reclamation to expend funds collected in fiscal year
2024. The estimate of collections in fiscal year 2024 is
$48,508,000.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $33,000,000 for the California Bay-
Delta Restoration Program.
POLICY AND ADMINISTRATION
The agreement provides $66,794,000 for Policy and
Administration.
ADMINISTRATIVE PROVISION
The agreement includes a provision limiting Reclamation to
purchase not more than thirty passenger vehicles for
replacement only.
General Provisions--Department of the Interior
The agreement includes a provision outlining the
circumstances under which the Bureau of Reclamation may
reprogram funds.
The agreement includes a provision regarding the San Luis
Unit and Kesterson Reservoir in California.
The agreement includes a provision regarding section
9504(e) of the Omnibus Public Land Management Act of 2009
(Public Law 111-11).
The agreement includes a provision regarding the Calfed
Bay-Delta Authorization Act.
The agreement includes a provision regarding section
9106(g)(2) of the Omnibus Public Land Management Act of 2009.
The agreement includes a provision regarding the
Reclamation States Emergency Drought Relief Act of 1991.
The agreement includes a provision regarding section
9503(f) of the Omnibus Public Land Management Act of 2009.
TITLE III--DEPARTMENT OF ENERGY
The agreement provides $50,246,754,000 for the Department
of Energy to fund programs in its primary mission areas of
science, energy, environment, and national security.
Staff Augmentation.--The Department is directed to provide
to the Committees not later than 60 days after enactment of
this Act a report detailing the number, position, assignment
duration, and cost, if reimbursable by the Department, of
laboratory contractor employees and Intergovernmental
Personnel Act assignees augmenting senior federal and
political appointee positions.
Crosscutting Initiatives
The agreement notes that the funding levels specified in
the Crosscutting Initiatives are an estimate of directives
included in specific accounts across the Department.
Carbon Dioxide Removal.--The agreement provides not less
than $118,000,000 for carbon dioxide removal technologies,
including not less than $23,000,000 from the Office of Energy
Efficiency and Renewable Energy (EERE), not less than
$70,000,000 from Office of Fossil Energy and Carbon
Management (FECM), and not less than $25,000,000 from the
Office of Science.
The agreement includes funding and direction on a
competitive purchasing pilot program within the FECM account.
Critical Minerals.--The agreement provides not less than
$380,000,000 for critical minerals, including not less than
$150,000,000 from EERE, not less than $70,000,000 from FECM,
not less than $136,000,000 from the Office of Nuclear Energy
(NE), and not less than $24,000,000 from the Office of
Science.
Energy Storage.--The agreement provides not less than
$580,500,000 for energy storage, including not less than
$330,000,000 from EERE, not less than $92,500,000 from the
Office of Electricity, not less than $5,000,000 from FECM,
not less than $23,000,000 from NE, and not less than
$130,000,000 from the Office of Science.
Hydrogen.--The agreement provides not less than
$396,000,000 for hydrogen, including not less than
$205,000,000 from EERE, not less than $120,000,000 from FECM,
not less than $21,000,000 from NE, and not less than
$50,000,000 from the Office of Science.
The agreement provides funding for technologies to advance
hydrogen use for heavy-duty transportation, industrial, and
hard-to-electrify transportation applications including
trains, maritime shipping, and aviation within the EERE
account.
Industrial Decarbonization.--The agreement provides not
less than $953,000,000 for industrial decarbonization,
including not less than $580,000,000 from EERE, not less than
$245,000,000 from FECM, not less than $62,000,000 from NE,
and not less than $66,000,000 from the Office of Science.
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
The agreement provides $3,460,000,000 for Energy Efficiency
and Renewable Energy.
[[Page S1574]]
Within available funds, the agreement provides up to
$35,000,000 for the Lab-Embedded Entrepreneurship Program.
SUSTAINABLE TRANSPORTATION
Vehicle Technologies.--The agreement provides not less than
$190,000,000 for Battery and Electrification Technologies.
The agreement provides up to $6,000,000 for a competitive
solicitation for university-led teams to develop vehicle or
structural level strategies to reduce the likelihood of the
cascading effects of electric vehicle fires.
The agreement provides not less than $100,000,000 for
Vehicle Technology Integration and Deployment.
The agreement provides not less than $5,000,000 for
electric vehicle workforce development activities, including
building upon existing partnerships with the GridEd workforce
training program.
The agreement provides not less than $40,000,000 for Energy
Efficient Mobility Systems.
The agreement provides up to $10,000,000 for research and
development on improved recycling of batteries collected
through battery recycling programs such as the Battery
Recycling Retail Initiative. The agreement encourages the
Department to continue research on understanding and
mitigating the risks during battery recycling collection,
storage, and transportation to enable stores to meet state-
level fire standards for battery recycling such as those in
California.
Hydrogen and Fuel Cell Technologies.--The agreement
provides not less than $50,000,000 for Hydrogen Technologies.
The agreement provides not less than $60,000,000 for
technologies to advance hydrogen use for hard-to-electrify
transportation applications, including locomotives, maritime
shipping, and aviation.
The agreement provides $10,000,000 for hydrogen delivery,
storage, and release technologies, including carriers.
The agreement provides up to $20,000,000 for Safety, Codes,
and Standards.
RENEWABLE ENERGY
Solar Energy Technologies.--The agreement provides up to
$60,000,000 for Concentrating Solar Power.
The agreement provides not less than $45,000,000 for
Balance of System Soft Costs and reiterates Senate direction.
The agreement provides not less than $25,000,000 for
research, development, and demonstration activities related
to cadmium telluride and not less than $25,000,000 for
perovskites.
Wind Energy Technologies.--The agreement provides not less
than $18,000,000 for distributed wind technologies.
Within available funds for offshore wind, the agreement
provides up to $6,000,000 for Centers of Excellence focused
on the offshore wind energy engineering, infrastructure,
supply chain, transmission, and other pertinent issues
required to support offshore wind in the United States.
The Department is directed to support an at-scale floating
wind turbine demonstrator.
The agreement continues to support efforts to develop a
university-based testing facility for industrial prototyping
and manufacturing of turbine systems capable of producing
upwards of 30 megawatts of power per unit and grid
integration efforts for offshore wind turbine capabilities.
Water Power Technologies.--The agreement provides
$59,000,000 for hydropower and pumped storage activities and
up to $141,000,000 for Marine Energy.
The agreement includes funding for the purposes of section
242 of the Energy Policy Act of 2005 within the Grid
Deployment account.
The agreement provides not less than $10,000,000 for
continuation of foundational research activities led by the
National Marine Energy Centers and affiliated universities
and research institutions.
Within available funds for Marine Energy, the agreement
provides not less than $43,300,000 to address infrastructure
needs at marine energy technology sites, including
$21,300,000 for the Department's Marine and Coastal Research
Laboratory.
The agreement provides up to $35,000,000 for competitive
solicitations to support university- and industry-led
projects to rapidly design, fabricate, and test marine energy
systems, subsystems, and components.
Geothermal Technologies.--The agreement provides up to
$100,000,000 for enhanced geothermal system demonstrations
and next-generation geothermal demonstration projects in
diverse geographic areas.
The agreement provides up to $40,000,000 for FORGE.
ENERGY EFFICIENCY
Advanced Manufacturing (Industrial Efficiency and
Decarbonization Office and Advanced Materials and
Manufacturing Technologies Office).--The agreement provides
$50,000,000 for critical materials and up to $60,000,000 for
Energy Technology Manufacturing.
The agreement provides $5,000,000 for advanced
manufacturing of large offshore wind blades and turbines.
Building Technologies.--The agreement provides not less
than $70,000,000 for Commercial Buildings Integration, not
less than $60,000,000 for Residential Buildings Integration,
and not less than $75,000,000 for Equipment and Building
Standards.
The agreement provides not less than $15,000,000 for
Building Energy Codes.
The agreement provides not less than $15,000,000 and up to
$50,000,000 for research, development, demonstration, and
commercial application activities related to advanced solid-
state lighting technology development.
Cybersecurity, Energy Security, and Emergency Response
The agreement provides $200,000,000 for Cybersecurity,
Energy Security, and Emergency Response.
The agreement provides funding for the Eagle-I activity
within the Response and Restoration control point instead of
the Risk Management Technology and Tools control point.
Risk Management Technology and Tools.--The agreement
reiterates House direction regarding efforts to integrate
cybersecurity into the designs of energy delivery systems and
does not include direction on funding for the Energy
Cybersecurity Center of Excellence.
The agreement provides $10,000,000 to support a regional
pilot to foster partnerships between national laboratories,
universities, electricity sector utilities, and state and
local government entities to identify and mitigate the
prevalent and constantly evolving national security threats
to regional infrastructure.
Electricity
The agreement provides $280,000,000 for Electricity.
Transmission Reliability and Resilience.--The agreement
includes $3,000,000 to support university-based research
partnerships to develop and deploy advanced data analytics
and predictive models that incorporate human operator
behavior to better understand, predict, prevent, and mitigate
cascading failures in power grids.
Resilient Distribution Systems.--The agreement includes up
to $10,000,000 to support the COMMANDER National Test Bed.
The agreement provides up to $15,000,000 to public utility
commissions and state energy offices for technical assistance
in understanding distribution planning, interconnection, and
modeling of distributed energy sources with their utilities,
their customers, and the broader wholesale market.
GRID HARDWARE, COMPONENTS, AND SYSTEMS
Energy Storage.--The agreement includes $4,800,000 for
operational support of the Grid Storage Launchpad.
The agreement provides not less than $20,000,000 for a
competitive pilot demonstration grant program, as authorized
in section 3201 of the Energy Act of 2020, for energy storage
projects that are wholly U.S.-made, sourced, and supplied.
Transformer Resilience and Advanced Components.--The
agreement provides funding for research in silicon carbide
and gallium nitride power electronics within the Transformer
Resilience and Advanced Components control point instead of
the Energy Delivery Grid Operations Technology control point.
Grid Deployment
The agreement provides $60,000,000 for Grid Deployment.
Transmission Planning and Permitting.--The Department is
directed to consider designating transmission facilities as
being in the national interest under section 216a of the
Federal Power Act through the issuance of facility-specific
or route-specific national interest electric transmission
corridors.
Distribution and Markets.--The agreement includes up to
$10,000,000 to provide technical assistance and guidance for
Public Utility Commissions and Regional Transmission
Organizations to model the operating behavior of, and develop
rate or market designs, to incorporate expanded integration
of Long Duration Energy Storage resources on the grid.
Nuclear Energy
The agreement provides $1,685,000,000 for Nuclear Energy.
NEUP, SBIR/STTR, and TCF.--The agreement provides
$6,630,000 for the University Nuclear Leadership Program,
previously funded as the Integrated University Program. The
agreement does not provide funds for the planning and
construction of new university nuclear reactors.
Workforce Training.--Section 311 of the agreement provides
up to $100,000,000 to implement a new nuclear safety training
program. The Department is directed to make one or more cost-
shared awards not later than 180 days after enactment of this
Act. The program shall require cost share of at least 50
percent of the total program costs. The cost share must come
from non-federal sources unless otherwise allowed by law. In
implementing the program, the Department shall give priority
to universities located within 50 miles of reactors that were
constructed prior to 1980 and have had significant safety
issues in the last five decades. A successful applicant shall
have clearly defined goals and objectives; identify and
address the gap between available skilled workers and the
demand for the training program; and lead to an industry
recognized nuclear reactor safety credential to meet demand.
NUCLEAR ENERGY ENABLING TECHNOLOGIES
The agreement provides $16,000,000 for integrated energy
systems, including projects with hydrogen co-located with
nuclear.
Nuclear Science User Facilities.--The agreement provides
not less than $12,000,000 for computational support.
FUEL CYCLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Nuclear Fuel Availability.--The agreement provides
$100,000,000. Additionally, section 312 of the agreement
provides up to $2,720,000,000 for nuclear fuel availability
derived from unobligated appropriations.
[[Page S1575]]
Material Recovery and Waste Form Development.--The
agreement provides not less than $27,000,000 for EBR-II
Processing for HALEU and $7,000,000 for the ZIRCEX process.
Accident Tolerant Fuels.--The agreement provides not less
than $25,000,000 for further development of silicon carbide
ceramic matrix composite fuel cladding for light water
reactors. The agreement reiterates Senate direction to
provide a multi-year plan to phase out the program.
Fuel Cycle Laboratory R&D.--The agreement provides up to
$15,000,000 for an advanced metallic fuels program.
REACTOR CONCEPTS RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Advanced Small Modular Reactor RD&D.--The agreement
supports the budget request which provides no further funding
for the existing cooperative agreement DENE0008928.
Section 311 of the agreement also includes funding for
small modular reactor development and deployment activities
derived from unobligated appropriations.
The agreement provides up to $800,000,000 for not more than
two near term utility commercial deployments of a Generation
3+ small modular reactor technology in the United States.
The Department, through the Office of Clean Energy
Demonstrations, is directed to make not more than two cost-
shared awards not later than 270 days after enactment of this
Act, with a utility cost share of not less than 50 percent.
The selection requirements shall be consistent with the
process outlined in section 959A of the Energy Policy Act of
2005. A successful applicant shall have an expected orderbook
of deployments.
The agreement provides $100,000,000 for one or more
competitive awards with a 50 percent cost share to support
design, licensing, supplier development, and site preparation
of a grid-scale Generation 3+ reactor design that can be
deployed no later than 2030. The Department is directed to
award this funding not later than 90 days after enactment of
this Act to support rapid domestic deployment of small
modular reactors and supplier development to fabricate
nuclear components for both U.S. and export markets.
Advanced Reactor Technologies.--The agreement provides not
less than $20,000,000 for MARVEL.
ADVANCED REACTOR DEMONSTRATION PROGRAM
The agreement reiterates Senate direction requiring a
report on cost impacts of the Advanced Reactor Demonstration
Program (ARDP) projects.
Risk Reduction for Future Demonstration.--The agreement
provides $137,222,000 for the Risk Reduction Program.
Regulatory Development.--In lieu of House direction, the
agreement provides $10,000,000 for the Advanced Nuclear
Licensing Energy Cost-Share Grant Program as authorized under
42 U.S.C. 16280 for technology diversity, including spent
nuclear fuel reprocessing.
INFRASTRUCTURE
The agreement does not include funds for the Reactor Fuels
Research Capability.
PROGRAM DIRECTION
The agreement includes funding for International Nuclear
Energy Cooperation activities within Program Direction.
Fossil Energy and Carbon Management
The agreement provides $865,000,000 for Fossil Energy and
Carbon Management.
In lieu of House and Senate direction, the agreement
supports and provides funding for industrial emission
reduction, decarbonization, and combustion-centric activities
that advance new technologies and improve the current
utilization of generation fuels.
The agreement includes not less than $5,000,000 to continue
efforts to support natural gas demand response pilot
programs.
Solid Oxide Fuel Cell Systems & Hydrogen.--The agreement
provides not less than $100,000,000 for the research,
development, and demonstration of solid oxide fuel cell
systems and hydrogen production, transport, storage, and use
systems.
University Training and Research.--The agreement includes
no direction regarding funding within the University Training
and Research program.
lnteragency Working Group on Coal and Power Plant
Communities and Economic Revitalization.--The agreement
directs the working group to convene relevant stakeholders to
discuss waterway freight diversification and economic
development in the Ohio, Allegheny, and Monongahela River
Corridor.
CARBON MANAGEMENT TECHNOLOGIES
The agreement recognizes the benefits of a clear regulatory
process for ocean carbon dioxide removal pathways and
provides $250,000 to work with other appropriate federal
agency and industry partners to develop, test, and evaluate
ocean-based carbon dioxide removal technologies.
Carbon Dioxide Removal.--The agreement provides $10,000,000
for research, development and demonstration related to
biological carbon sequestration in deep ocean water through
macroalgae and other living marine resources.
The agreement includes $20,000,000 to continue the
competitive purchasing pilot program that was directed to be
established in the fiscal year 2023 Act, consistent with
Division D of Public Law 117-328. The Department is directed
to provide to the Committees not later than 180 days after
enactment of this Act a report on the progress of the
competitive purchasing pilot program.
Carbon Transport and Storage.--The agreement provides not
less than $35,000,000 for CarbonSAFE and not less than
$25,000,000 for the Regional Carbon Sequestration
Partnerships.
RESOURCE TECHNOLOGIES AND SUSTAINABILITY
Advanced Remediation Technologies.--The agreement provides
$15,000,000 for university research and field investigations
in the Gulf of Mexico to confirm the nature, regional
context, and hydrocarbon system behavior of gas hydrate
deposits.
The agreement provides $8,000,000 for the Risk Based Data
Management System.
Methane Mitigation Technologies.--The agreement provides
$5,000,000 for advanced observational technologies, as
validated in peer-reviewed publications, to globally identify
and mitigate methane and volatile organic compound emissions.
Energy Projects
The agreement provides $83,724,000 for the Energy Projects
account for Congressionally Directed Spending at the
Department for the following list of projects.
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Naval Petroleum and Oil Shale Reserves
The agreement provides $13,010,000 for the operation of the
Naval Petroleum and Oil Shale Reserves.
Strategic Petroleum Reserve
The agreement includes $213,390,000 for the Strategic
Petroleum Reserve.
The Department is directed to continue its efforts to
refill the Strategic Petroleum Reserve expeditiously and to
provide to the Committees not later than 90 days after
enactment of this Act, and quarterly thereafter, a briefing
on its plans to refill the Strategic Petroleum Reserve.
SPR Petroleum Account
The agreement provides $100,000 for the SPR Petroleum
Account.
Northeast Home Heating Oil Reserve
The agreement provides $7,150,000 for the Northeast Home
Heating Oil Reserve.
Energy Information Administration
The agreement provides $135,000,000 for the Energy
Information Administration.
Non-Defense Environmental Cleanup
The agreement provides $342,000,000 for Non-Defense
Environmental Cleanup.
Small Sites.--The agreement provides $108,435,000 for Small
Sites cleanup. Within this amount, $18,000,000 is for the
Energy Technology Engineering Center, $11,500,000 is for
Idaho National Laboratory, $6,000,000 is for work at the
Lawrence Berkeley National Laboratory, $67,000,000 is for
Moab, and $5,935,000 is for excess Office of Science
facilities.
Uranium Enrichment Decontamination and Decommissioning Fund
The agreement provides $855,000,000 for activities funded
from the Uranium Enrichment Decontamination and
Decommissioning Fund.
Science
The agreement provides $8,240,000,000 for Science.
The Department is directed to provide not later than 90
days, and quarterly thereafter, a briefing on its actions to
progressively move to fully funding research awards of
$2,500,000 or less.
Artificial Intelligence and Machine Learning.--The
agreement includes not less than $135,000,000 for Artificial
Intelligence and Machine Learning across the Office of
Science Programs.
Energy Earthshots.--The agreement reiterates House
direction.
Quantum Information Sciences.--The agreement provides not
Jess than $245,000,000 for quantum information science,
including not less than $120,000,000 for research and
$125,000,000 for the five National Quantum Information
Science Research Centers.
The agreement includes funding at the fiscal year 2023
levels for the RENEW and FAIR initiatives.
ADVANCED SCIENTIFIC COMPUTING RESEARCH
The agreement provides not less than $219,000,000 for the
Argonne Leadership Computing Facility, $255,000,000 for the
Oak Ridge Leadership Computing Facility, $135,000,000 for the
National Energy Research Scientific Computing Center at
Lawrence Berkeley National Laboratory, and $91,000,000 for
ESnet.
The agreement provides not less than $290,000,000 for
Mathematical, Computational, and Computer Sciences Research.
BASIC ENERGY SCIENCES
The agreement provides $704,134,000 for facilities
operations of the nation's light sources, $373,163,000 for
facilities operations of the high-flux neutron sources, and
$150,880,000 for facilities operations of the Nanoscale
Science Research Centers.
BIOLOGICAL AND ENVIRONMENTAL RESEARCH
The agreement includes not less than $420,000,000 for
Biological Systems Science and not less than $430,000,000 for
Earth and Environmental Systems Sciences.
The agreement provides up to $20,000,000 to re-establish a
low-dose radiation research pilot program in coordination
with the Office of Environment, Health, Safety, and Security
and the Office of Nuclear Energy.
The agreement provides not less than $115,000,000 for the
four Bioenergy Research Centers to accelerate research and
development needed for advanced fuels and products.
The agreement provides not less than $125,000,000 for
Foundational Genomics Research.
The agreement reiterates House direction on key cloud,
aerosol, precipitation, and radiation processes and a related
pilot program.
FUSION ENERGY SCIENCES
The agreement provides $98,100,000 for NSTX-U.
The agreement provides $131,500,000 for DIII-D.
The agreement includes $40,000,000 for the Milestone-Based
Development Program. The agreement reiterates House direction
regarding the management of the Milestone-Based Development
Program.
The agreement reiterates Senate direction regarding the
High-Energy-Density Laboratory Plasmas program.
The agreement includes up to $20,000,000 for Inertial
Fusion Energy.
The agreement provides $25,000,000 for the Materials Plasma
Exposure eXperiment.
The agreement includes up to $10,000,000 for future
facilities studies.
The agreement includes not less than $20,000,000 for
materials and fusion nuclear science.
HIGH ENERGY PHYSICS
The agreement provides not less than $35,000,000 for the
Sanford Underground Research Facility and not less than
$5,000,000 for the Accelerator Controls Operations Research
Network.
NUCLEAR PHYSICS
In lieu of House direction regarding facility operations,
the agreement directs the Department to give priority to
optimizing operations for all Nuclear Physics user
facilities, including Relativistic Heavy Ion Collider,
Continuous Electron Beam Accelerator, Facility for Rare
Isotope Beams, and Argonne Tandem Linac Accelerator System.
Nuclear Waste Disposal
The agreement provides $12,040,000 for Nuclear Waste
Disposal for Nuclear Waste Fund (NWF) oversight activities,
which is derived from the NWF.
Technology Transitions
The agreement provides $20,000,000 for Technology
Transitions.
The agreement provides not less than $2,500,000 to support
the Energy Program for Innovation Clusters Program.
The agreement provides $3,500,000 for the creation of a
non-governmental Foundation for Energy Security and
Innovation, which includes $1,500,000 to establish the
Foundation and $2,000,000 to initially carry out its
activities.
Clean Energy Demonstrations
The agreement provides $50,000,000 for Clean Energy
Demonstrations.
The agreement includes funding for demonstration projects
previously selected prior to the date of enactment of this
Act.
The agreement includes funding for Demonstration Planning
and Analysis as requested.
The agreement reiterates House direction regarding the
management of the Milestone-Based Development Program.
Advanced Research Projects Agency--Energy
The agreement provides $460,000,000 for the Advanced
Research Projects Agency--Energy.
Title 17 Innovative Technology Loan Guarantee Program
The agreement provides a net appropriation of $0 for the
Title 17 Innovative Technology Loan Guarantee Program.
Advanced Technology Vehicles Manufacturing Loan Program
The agreement provides $13,000,000 for the Advanced
Technology Vehicles Manufacturing Loan Program.
Tribal Energy Loan Guarantee Program
The agreement provides $6,300,000 for the Tribal Energy
Loan Guarantee Program.
Indian Energy Policy and Programs
The agreement provides $70,000,000 for Indian Energy Policy
and Programs.
Departmental Administration
The agreement provides $286,500,000 for Departmental
Administration.
Control Points.--The following is the only direction for
control points. The agreement continues funding for functions
within Departmental Administration in the fiscal year 2023
Act and adds a new activity for Industrial Emissions and
Technology Coordination. The Department is directed to
continue to submit a budget request that proposes a separate
funding level for each of these activities.
Office of the Secretary.--The agreement includes no
direction for the Office of the Secretary.
Industrial Emissions and Technology Coordination.--The
agreement reiterates Senate direction regarding coordination
of clean industrial research, development, demonstrations,
and deployments and the development of a Multi-Year Program
Plan. The agreement reiterates Senate direction regarding the
alignment, simplification, and consolidation of coordinating
mechanisms for crosscutting initiatives into one function.
The agreement reiterates Senate direction regarding a
briefing. The agreement directs the Department to include in
future budget requests funding breakdowns by account,
subprogram, and congressional control point for each of the
crosscutting initiatives. The agreement includes no direction
regarding a list of crosscutting initiatives.
Other Departmental Administration.--The following is the
only direction for Other Departmental Administration. The
Department shall allocate funds sufficient for staffing and
operational needs for Management, Project Management
Oversight and Assessments, Chief Human Capital Officer, and
General Counsel. The agreement includes Senate language
regarding the Arctic Energy Office and the U.S. energy
employment report. The agreement includes House and Senate
language on the Israel Binational Industrial Research and
Development (BIRD) Foundation and the U.S. Israel Center of
Excellence in Energy Engineering and Water Technology.
Office of the Inspector General
The agreement provides $86,000,000 for the Office of the
Inspector General (OIG).
The Inspector General has requested extensive payroll and
other sensitive and personally identifiable information from
multiple Department contractors, spanning multiple years and
covering thousands of employees. Subsequent to these
requests, the Department published a proposed rulemaking in
the
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Federal Register on November 27, 2023, seeking to exempt the
System of Records (SOR) in which this sensitive data would be
maintained from certain protections of the Privacy Act, which
it would otherwise be obligated to follow. Among the
provisions the Department seeks to exempt are 5 U.S.C.
552a(e)(5), which requires the agency to ``maintain all
records which are used by the agency in making any
determination about any individual with such accuracy,
relevance, timeliness, and completeness as is reasonably
necessary to assure fairness to the individual in the
determination''; and (e)(l), which requires the agency to
``maintain in its records only such information about an
individual as is relevant and necessary to accomplish a
purpose of the agency required to be accomplished by statute
or by executive order of the President.''
The agreement expresses concern over both the breadth of
the data collected and how the Department has proposed to
store it. There is also concern over the lack of transparency
about the source and amounts of funding that would be
required in FY24 and subsequent fiscal years to maintain such
a system, including providing adequate safeguards for the
data, any required infrastructure, and dedicated FTEs.
Accordingly, prior to obligating any funds provided in this
Act to modify the SOR or collect additional data to populate
it, the Department and OIG shall provide to the Committees a
report, which shall include at a minimum:
The specific purposes for the information
collected;
The estimated cost and sources of funds for such
data collection and storage prior to the date of enactment of
this Act;
An estimate, by fiscal year and source, of costs
associated with collecting, analyzing, securing, and
maintaining the data proposed to be stored in the SOR,
including costs (maintenance or otherwise) of any
infrastructure;
A detailed description of the safeguards the
Department and OIG will use to protect the sensitive data;
Any applicable policies that exist to protect the
sensitive data from abuse or disclosure, including limits on
accessing the data only for official purposes;
An estimate of the length of time the Department
and OIG proposes to retain the collected data; and
Whether the aggregation of data may require
additional safeguards.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
The agreement provides $24,135,000,000 for the National
Nuclear Security Administration(NNSA).
The agreement reiterates House direction on an independent
review team for projects more than $750,000,000.
The agreement reiterates House direction on GAO open
priority recommendations.
The agreement does not include a limitation of funds
related to the report on requirements.
Weapons Activities
The agreement provides $19,108,000,000 for Weapons
Activities.
The agreement directs NNSA to seek to enter into an
agreement with the scientific advisory group known as JASON
to conduct an assessment of the report entitled, ``Research
Program Plan for Plutonium and Pit Aging''.
The agreement provides $690,000,000 for the Inertial
Confinement Fusion campaign. Within available funds, the
agreement provides not less than $410,000,000 for the
National Ignition Facility (NIF), not less than $99,400,000
for OMEGA, not less than $85,000,000 for the Z Facility and
not less than $30,000,000 for Los Alamos National Laboratory.
The agreement provides not less than $42,000,000 for target
research, development, and fabrication.
Defense Nuclear Nonproliferation
The agreement provides $2,581,000,000 for Defense Nuclear
Nonproliferation.
The agreement recognizes the challenges inherent in
commercializing Molybdenum-99 production technologies and
encourages a whole-of-government collaboration regarding the
financial sustainability of domestic production of this
medical isotope. The agreement therefore provides $50,000,000
for existing or new Laboratory and Partnership Support
agreements to expedite the establishment of stable domestic
sources of Molybdenum-99 without the use of highly enriched
uranium.
The agreement provides funds for the Nonproliferation
Stewardship Program for a uranium test bed to evaluate,
explore, and test emerging technologies and to maintain core
competencies through enhanced, hands-on training.
Naval Reactors
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,946,000,000 for Naval Reactors.
The agreement reiterates House direction to provide a
project data sheet for SSNX with future year budget
submissions.
Federal Salaries and Expenses
The agreement provides $500,000,000 for Federal Salaries
and Expenses.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
The agreement provides $7,285,000,000 for Defense
Environmental Cleanup.
Future Year Budgets.--The agreement reiterates direction
for the Department to include out-year funding projections in
the annual budget request for Environmental Management, and
an estimate of the total cost and time to complete each site.
Hanford.--Not later than 30 days after enactment of this
Act, the Department shall provide to the Committees a
briefing on the findings of the ``Follow-on Report of
Analysis of Approaches to Supplemental Treatment of Low-
Activity Waste at the Hanford Nuclear Reservation'' completed
by the federally funded research and development center and
the ``Review of the Continued Analysis of Supplemental
Treatment Approaches of Low-Activity Waste at the Hanford
Nuclear Reservation: Review #3'' completed by the National
Academies of Sciences, Engineering, and Medicine in 2023
pursuant to section 3125 of the FY2021 National Defense
Authorization Act.
Containment Ventilation Systems.--The agreement provides up
to $7,000,000 for work on qualification, testing, and
research to advance the state-of-the-art containment
ventilation systems.
The agreement provides up to $5,000,000 to leverage the DOE
Scholars Program to enable the training of technicians,
engineers, and scientists to support cleanup and remediation
activities across the program.
The agreement provides up to $5,000,000 for continued
independent review, analysis, and applied research to support
cost-effective, risk informed cleanup decision making.
Defense Uranium Enrichment Decontamination and Decommissioning
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $285,000,000 for Defense Uranium
Enrichment Decontamination and Decommissioning.
Other Defense Activities
The agreement provides $1,080,000,000 for Other Defense
Activities.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
The agreement provides no appropriation for the Bonneville
Power Administration, which derives its funding from revenues
deposited into the Bonneville Power Administration Fund.
Operation and Maintenance, Southeastern Power Administration
The agreement provides a net appropriation of $0 for the
Southeastern Power Administration.
Operation and Maintenance, Southwestern Power Administration
The agreement provides a net appropriation of $11,440,000
for the Southwestern Power Administration.
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
The agreement provides a net appropriation of$99,872,000
for the Western Area Power Administration.
Falcon and Amistad Operating and Maintenance Fund
The agreement provides a net appropriation of $228,000 for
the Falcon and Amistad Operating and Maintenance Fund.
Federal Energy Regulatory Commission
SALARIES AND EXPENSES
The agreement provides $520,000,000 for the Federal Energy
Regulatory Commission (FERC). Revenues for FERC are set to an
amount equal to the budget authority, resulting in a net
appropriation of $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes a provision prohibiting the use of
funds provided in this title to initiate requests for
proposals, other solicitations, or arrangements for new
programs or activities that have not yet been approved and
funded by Congress; requires notification or a report for
certain funding actions; prohibits funds to be used for
certain multi-year ``Energy Programs'' activities without
notification; and prohibits the obligation or expenditure of
funds provided in this title through a reprogramming of funds
except in certain circumstances. The notification
requirements in the provision also apply to the modification
of any grant, contract, or Other Transaction Agreement where
funds are allocated for new programs, projects, or activities
not covered by a previous notification.
The agreement includes a provision prohibiting the use of
funds in this title for capital construction of high hazard
nuclear facilities, unless certain independent oversight is
conducted.
The agreement includes a provision prohibiting the use of
funds in this title to approve critical decision-2 or
critical decision-3 for certain construction projects, unless
a separate independent cost estimate has been developed for
that critical decision.
The agreement includes a provision for oversight of large
construction projects.
The agreement includes a provision to prohibit certain
payments.
The agreement includes a provision regarding Stockpile
Management.
The agreement includes a provision to make additional funds
available to the Office of the Inspector General for
oversight of Public Law 117-58 and Public Law 117-169.
The agreement includes a provision to address regional
petroleum product reserves.
The agreement includes a provision to establish criteria
for the sale of petroleum
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products from the Strategic Petroleum Reserve.
The agreement includes a provision to address research
security.
The agreement includes a provision to make certain funds
available under Public Law 117-58 for nuclear activities and
workforce.
The agreement includes a provision to make certain funds
available under Public Law 117-58 for uranium.
The agreement includes a provision for oversight of
National Laboratory employees.
The agreement includes a provision regarding Department of
Energy implementation.
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TITLE IV--INDEPENDENT AGENCIES
Appalachian Regional Commission
The agreement provides $200,000,000 for the Appalachian
Regional Commission.
The agreement includes direction in both House and Senate
reports. The agreement also includes not less than
$15,000,000 for counties within the Northern Appalachian
region to support economic development, manufacturing, and
entrepreneurship.
Defense Nuclear Facilities Safety Board
salaries and expenses
The agreement provides $42,000,000 for the Defense Nuclear
Facilities Safety Board (DNFSB).
The agreement provides $1,520,000 within the Office of
Inspector General of the Nuclear Regulatory Commission (NRC
IG) to provide the DNFSB inspector general services.
Delta Regional Authority
salaries and expenses
The agreement provides $31,100,000 for the Delta Regional
Authority.
Denali Commission
The agreement provides $17,000,000 for the Denali
Commission.
Northern Border Regional Commission
The agreement provides $41,000,000 for the Northern Border
Regional Commission (NBRC).
Southeast Crescent Regional Commission
The agreement provides $20,000,000 for the Southeast
Crescent Regional Commission.
Southwest Border Regional Commission
The agreement provides $5,000,000 for the Southwest Border
Regional Commission.
Great Lakes Authority
The agreement provides $5,000,000 for the Great Lakes
Authority.
Nuclear Regulatory Commission
salaries and expenses
The agreement provides $928,317,580 for the Nuclear
Regulatory Commission. This amount is offset by estimated
revenues of $794,341,580, resulting in a net appropriation of
$133,976,000.
(Dollars)
------------------------------------------------------------------------
Account Final Bill
------------------------------------------------------------------------
Nuclear Reactor Safety................................. $522,011,400
Integrated University Program.......................... 16,000,000
Nuclear Materials and Waste Safety..................... 124,214,700
Decommissioning and Low-Level Waste.................... 26,537,800
Corporate Support...................................... 301,554,000
Use of Prior-Year Balances............................. -62,000,320
----------------
Total, Nuclear Regulatory Commission............... 928,317,580
------------------------------------------------------------------------
office of inspector general
The agreement provides $15,769,000 for the Office of
Inspector General in the Nuclear Regulatory Commission. This
amount is offset by revenues of $12,655,000, resulting in a
net appropriation of $3,114,000.
The agreement provides $1,520,000 to provide inspector
general services for the Defense Nuclear Facilities Safety
Board.
Nuclear Waste Technical Review Board
salaries and expenses
The agreement provides $4,064,000 for the Nuclear Waste
Technical Review Board to be derived from the Nuclear Waste
Fund.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
The agreement includes a provision instructing the Nuclear
Regulatory Commission on responding to congressional requests
for information.
The agreement includes a provision related to
reprogrammings.
TITLE V--GENERAL PROVISIONS
(including transfer of funds)
The agreement includes a provision relating to lobbying
restrictions.
The agreement includes a provision relating to transfer
authority. No additional transfer authority is implied or
conveyed by this provision. For the purposes of this
provision, the term ``transfer'' shall mean the shifting of
all or part of the budget authority in one account to
another.
The agreement includes a provision prohibiting the use of
funds to establish or maintain a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography, except for law enforcement investigation,
prosecution, or adjudication activities.
The agreement includes a provision regarding access to
nuclear weapons production facilities.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
The following statement is an explanation of the effects of
Division E, which provides appropriations for the Department
of the Interior, the Environmental Protection Agency (EPA),
the Forest Service, the Indian Health Service, and related
agencies for fiscal year 2024.
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 118-
155 and Senate Report 118-83 carries the same weight as
language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly
provided herein.
In cases where the House Report, Senate Report, or this
joint explanatory statement direct the submission of a
report, such report is to be submitted to both the House and
Senate Committees on Appropriations. Where this joint
explanatory statement refers to the Committees or the
Committees on Appropriations, unless otherwise noted, this
reference is to the House Subcommittee on Interior,
Environment, and Related Agencies and the Senate Subcommittee
on Interior, Environment, and Related Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this Act.
This joint explanatory statement addresses only those
agencies and accounts for which there is a need for greater
explanation than provided in the Act itself. Funding levels
for appropriations by account, program, and activity, with
comparisons to the fiscal year 2023 enacted level and the
fiscal year 2024 budget request, can be found in the table at
the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Bighorn Sheep.--The Committees are aware that the Forest
Service and the Bureau of Land Management use the Western
Association of Fish and Wildlife Agencies' occupied bighorn
habitat maps, telemetry data, and recent bighorn observations
in conducting Risk of Contact analyses and that risk of
contact models are currently being run on a State-wide basis
where sufficient data exists. The Committees direct the
agencies to complete Risk of Contact analyses using the
Western Association of Fish and Wildlife Agencies' data where
it exists. The Committees expect the agencies to continue to
share findings transparently and promptly with other Federal
land management agencies, State and local governments, State
wildlife agencies, and State and Federal animal health
professionals, including the Agricultural Research Service,
permittees, and stakeholders.
Gay Mine Superfund.--The Bureau of Indian Affairs, the
Environmental Protection Agency, and the Bureau of Land
Management are directed to collaborate to provide a status
update to the Committees on reclamation efforts at the site
and potential reclamation solutions, as well as their efforts
to ensure engagement with the Shoshone-Bannock Tribes and
industry stakeholders, within 90 days of enactment of this
Act.
Grizzly Bears.--Not less than 90 days after the date of
enactment of this Act, the Fish and Wildlife Service and the
National Park Service are directed to provide an in-depth
briefing regarding the draft environmental impact statement
and the accompanying 10(j) proposal under the Endangered
Species Act on the Establishment of a Nonessential
Experimental Population of Grizzly Bear in the North Cascades
Ecosystem. The Fish and Wildlife Service and the National
Park Service must also brief on their plans to work
collaboratively with Tribes, other Federal agencies, States,
local communities, and landowners on recovery actions for
this species.
Lake Boehmer.--The Committees are concerned about high
levels of arsenic and radionuclide in Lake Boehmer and direct
the Department of the Interior and the Environmental
Protection Agency to provide a report within 90 days of
enactment of this Act identifying potential opportunities
within their existing authorities to work with the State of
Texas and the Middle Pecos Groundwater Conservation District
to assess the public health concerns at Lake Boehmer and
remediate the damage.
Land Use.--The Committees direct the Bureau of Land
Management and other land management agencies to follow the
multiple use mandate, as required by Federal Land Policy and
Management Act (FLPMA), when developing resource management
plans (RMPs). During the RMP development process, land
management agencies are to take into account the long-term
needs of future generations for renewable and nonrenewable
resources including, but not limited to, recreation, range,
timber, minerals, watershed, wildlife and fish, natural
scenic, scientific and historical values. Additionally, plans
should be developed in close coordination and consultation
with local communities, State and Tribal governments, and
other stakeholders.
Litigation.--The agreement does not include the language in
House Report 118-155 in the third paragraph under the heading
``Cost of Litigation and Lack of Transparency.''
National Parks and Public Land Legacy Restoration Fund.--
The Committees emphasize that, pursuant to the Great American
Outdoors Act, project allocations are final and must be
adhered to.
Onshore and Offshore Leasing.--The agreement does not
include the language in House Report 118-155 under the
headings ``Onshore and Offshore Leasing and Permitting
Transparency''; ``Pending Applications for Permits to
Drill''; ``Staff Planning''; and ``Public Availability of
Data.''
Procurement of Personal Protective Equipment (PPE).--The
Department of the Interior Office of Wildland Fire and the
Forest Service are directed to evaluate the provision of
supplies during this fire season and provide a briefing to
the Committees within 90 days of enactment of this Act on any
issues related to cost trends, supply chain or other
challenges to providing the appropriate materials.
Additionally, the briefing should cover the standard list of
PPE, any trends of regions with higher than average
replacement needs, regions with current higher than average
outstanding replacement needs and how replacement of such is
managed by the two agencies.
Transportation Initiatives.--The agreement does not include
the funding direction in House Report 118-155 under the
headings ``Light-Duty Vehicle Fleet.''
Water Rights.--The Committees direct the Forest Service and
the Department of the Interior to provide a briefing within
90 days of enactment of this Act on current authorities and
practices related to agency actions and water rights granted
under state law, including engagement with local landowners
and other constituents.
Land and Water Conservation Fund
With enactment of the Great American Outdoors Act (GAOA)
(Public Law 116-152), Congress provided a permanent
appropriation of $900,000,000 per year from the Land and
Water Conservation Fund (LWCF). Along with other mandatory
appropriations, LWCF programs are subject to a 5.7 percent
sequestration, with those sequestered amounts becoming
available in the subsequent fiscal year. GAOA also mandated
that account allocations and detailed project information be
proposed by the administration each year through the
President's annual budget submission, and that such
allocations, following review by the Committees on
Appropriations, may be modified through an alternate
allocation.
A detailed table accompanying this explanatory statement
shows the LWCF allocation for fiscal year 2024 by agency,
account, activity, and project, including lists of specific
Federal land acquisition projects and Forest Legacy Program
projects. Additional tables provide details for the
reallocation of unobligated balances appropriated in previous
years to projects that have been completed, deferred, or
terminated and are being transferred to currently viable
projects.
The agencies are expected to continue to follow the
directions included in the explanatory statement accompanying
the Consolidated Appropriations Act, 2021 (Public Law 116-
260) under General Implementation. The Committees continue to
monitor the Department of the Interior and the Forest
Service's progress to ameliorate concerns with the appraisal
process and expect regular updates on these efforts.
U.S. Fish and Wildlife Service.--Fiscal year 2024 funds
provided to the Fish and Wildlife Service for the Flint Hills
Conservation Area shall only be used to acquire land
easements in areas which lie North of Township 22 South and/
or East of Range 13 East, as well as those in Township 22
South and Range 3 East through Range 9 East, all of the Sixth
Principal Meridian within the U.S. Public Lands Survey
System.
The Service is expected to provide outreach to all units of
the National Wildlife Refuge System, including Clarks,
Edwards, Green River, Loxahatchee, McKinney, and Ottawa, to
ensure these refuges are accessing all available funding
tools, including recreational access and inholdings. The
Service is strongly encouraged to begin due diligence work on
the accumulating backlog of parcels available at Clarks River
National Wildlife Refuge.
National Park Service.--The Committees are aware of
unobligated discretionary balances not associated with any
state or specific project within the Service's state
assistance programs. Further, since this discretionary
funding has passed the three-year time period for obligation,
a portion has been rescinded in this bill. Sufficient funding
is available for programs to continue at current levels.
Along with balances of prior year discretionary funding, the
Committees are also aware mandatory funds are starting to
accrue beyond the three-year window for formula grant
obligation and a reasonable timeframe for competitive grant
obligation. The Service is directed to brief the Committees
within 30 days of enactment of this Act regarding the status
of the mandatory balances and how reallocating unobligated
formula funding as part of the annual allocation to states in
the subsequent year could reduce those balances.
Forest Legacy Program.--The Forest Service is directed to
use unobligated balances as
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needed to complete all of the projects listed in the table
accompanying this explanatory statement.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment, and Related Agencies
Appropriations Act. The agencies funded in this Act are
reminded that these reprogramming guidelines are in effect,
and must be complied with, until such time as the Committees
modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item, or program area to another
within any appropriation funded in this Act. In cases where
either the House or Senate Committee on Appropriations report
displays an allocation of an appropriation below that level,
the more detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes all proposed reorganizations or
other workforce actions detailed below which affect a total
of 10 staff members or 10 percent of the staffing of an
affected program or office, whichever is less, even without a
change in funding. Any change to the organization table
presented in the budget justification shall also be subject
to this requirement.
Agencies are reminded that this agreement continues
longstanding General Guidelines for Reprogramming that
require agencies funded by this Act to submit reorganization
proposals for the Committees' review prior to their
implementation. It is noted that such reprogramming
guidelines apply to proposed reorganizations, workforce
restructure, reshaping, transfer of functions, or bureau-wide
downsizing and include closures, consolidations, and
relocations of offices, facilities, and laboratories. In
addition, no agency shall implement any part of a
reorganization that modifies regional or State boundaries for
agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated
personnel impacts and funding changes anticipated to
implement the proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval will be
considered as expeditiously as possible, and the Committees
remind the agencies that in order to process reprogramming
requests, adequate and timely information must be provided.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs or projects, whichever amount is less, with the
following exceptions:
(a) With regard to the Tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, the Committees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants or up to a cumulative total of $5,000,000
from carryover balances among the individual program areas
delineated in the Environmental Programs and Management
account, with no more than $1,000,000 coming from any
individual program area. No funds, however, shall be
reallocated from individual Geographic Programs.
(c) With regard to the National Park Service, the
Committees do not require reprogramming requests associated
with the park base within the Park Management activity in the
Operation of the National Park System Account. The Service is
required to brief the House and Senate Committees on
Appropriations on spending trends for the park base within 60
days of enactment of this Act.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees in the budget
justifications and are subsequently approved by the
Committees. The explanation for any assessment in the budget
justification shall show the amount of the assessment, the
activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees, which provides
details on the use of all funds assessed from any other
budget activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress or to finance programs or activities that
could be foreseen and included in the normal budget review
process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees. This restriction
applies to all such actions regardless of whether a formal
reprogramming of funds is required to begin the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall
be reported to the Committees within 60 days of the end of
each quarter and shall include cumulative totals for each
budget activity or budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value, as addressed in section 301(3) of Public Law 91-646,
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had 30 days in which to examine the proposed exchange.
ln addition, the Committees shall be provided advance
notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the Committees.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
Management of Lands and Resources.--The bill provides
$1,294,916,000 for the Management of Lands and Resources
appropriation. The Bureau is expected to comply with the
instructions and requirements at the beginning of this
division and in House Report 118-155 and Senate Report 118-83
unless otherwise specified below.
Wild Horse and Burro Management.--The agreement provides
$141,972,000 for wild horse and burro activities, including
up to $11,000,000 to continue implementation of a robust and
humane fertility control strategy of reversible
immunocontraceptive vaccines. The Bureau will follow the
directives included in the House and Senate Reports and the
explanatory statement accompanying Public Law 117-103. The
Committees appreciate the Bureau's commitment to quarterly
briefings on the state of the program and direct that these
briefings continue in fiscal year 2024.
Land Management Priorities.--The bill provides $150,000 for
congressionally directed spending in this program. A detailed
list of projects is included in the ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' table accompanying
this explanatory statement.
Wildlife Habitat Management.--The agreement provides
$142,980,000, which includes $20,600,000 for Plant
Conservation and Restoration, $71,000,000 for sage-grouse
habitat, and $34,000,000 for Threatened and Endangered
Species.
Legacy Wells.--The bill provides no less than $18,500,000
for legacy well remediation to continue progress toward
cleanup of the next cluster of legacy wells in need of
remediation.
Resource Management Planning.--The bill provides
$68,000,000, which maintains $10,000,000 for sage-grouse.
National Conservation Lands.--The agreement provides
$59,135,000, which includes $11,000,000 for the National
Scenic and Historic Trails program.
Aquifer Recharge.--The Committees continue to direct the
Bureau to work with the State of Idaho to provide appropriate
access to Federal lands for the purposes of recharge
projects.
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Caldwell Canyon Project.--To address deficiencies
identified in Case No. 4:21-CV-00182-BLW and allow the
project, if authorized, to move forward in a timely manner,
the Committees direct the Secretary to consider issuing an
updated Record of Decision for the project by December 31,
2024.
Domestic Coal.--The Bureau is directed to brief the
Committees regarding barriers to finalizing pending lease
applications for metallurgical (met) coal within 60 days of
enactment of this Act. The Bureau should include a discussion
of distinctions between how current policies impact met coal
and thermal coal.
Local Governments.--The agreement does not include the
House direction on Local Governments.
Oregon/Washington State Office.--The Bureau is reminded to
follow and implement the directives included in the
previously referenced House and Senate Reports, including on
the Western Oregon Operating Plan fire protection agreement.
Consultation.--Prior to the finalization of the Proposed
Rule for Management and Protection of the National Petroleum
Reserve in Alaska (Fed. Register Number 2023-18990), the
Committees direct the Secretary to consider engaging in
additional meaningful, in-person consultations with any
federally recognized Tribes and Alaska Native Claims
Settlement Act Corporations affected by the proposed rule.
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $115,521,000 for the Oregon and
California Grant Lands appropriation. Specific allocations at
the activity level are contained in the table at the back of
this explanatory statement. The Bureau shall utilize balances
in the Forest Ecosystem Health and Recovery Fund as necessary
to continue the activities funded within this account. The
Bureau is reminded to follow the directives under this
heading included in previously referenced House and Senate
Reports.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands
grazing receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The bill provides an indefinite appropriation estimated to
be $30,000,000 for Service Charges, Deposits, and
Forfeitures.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated to
be $26,000,000 for Miscellaneous Trust Funds.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,520,273,000 for Resource Management.
The Service is expected to comply with the instructions and
requirements at the beginning of this division and in House
Report 118-155 and Senate Report 118-83 unless otherwise
specified below. All programs and activities are funded at
the amounts enacted in fiscal year 2023 unless otherwise
specified below or in the table at the end of this division,
and account levels are achieved through adjustments in
General Program Activities.
Planning and Consultation.--The agreement provides
$118,191,000, which maintains $4,000,000 for Gulf Coast
restoration activities, $1,000,000 for pesticide
consultations and provides $93,706,000 for general program
activities.
Conservation and Restoration.--The agreement provides
$37,571,000 for conservation and restoration activities,
which maintains the enacted level for Marine Mammals which
includes $500,000 for the Alaska Nannut Co-Management Council
(ANCC) and $250,000 for the Eskimo Walrus Commission (EWC);
and provides $14,538,000 for candidate conservation.
Recovery.--The agreement provides $110,522,000 for
activities in support of the recovery and delisting of
threatened and endangered species, which includes $10,500,000
for Recovery Challenge grants and maintains the enacted
allocation between continuing partnerships and new
partnerships; $4,750,000 for the State of the Birds;
$2,300,000 for the Prescott Grant program; $1,000,000 for the
wolf-livestock demonstration program; $350,000 for Florida
Grasshopper Sparrow; and $83,590,000 for general program
activities.
Habitat Conservation.--The agreement provides $72,000,000
for habitat conservation programs, of which $59,000,000 is
for the Partners for Fish and Wildlife program including
$3,200,000 for the nutria eradication project; $1,285,000 for
Klamath River Habitat Restoration and $1,285,000 for
Washington Regional Fisheries; and $48,740,000 for general
program activities. The bill provides $13,000,000 for the
Coastal Program, including $11,778,000 for general program
activities.
National Wildlife Refuge System.--The agreement provides
$527,035,000 for the National Wildlife Refuge System.
Wildlife and Habitat Management.--The agreement provides
$3,000,000 for nutria eradication; $16,925,000 for invasive
species to focus on high priority invasive species including
nutria and cheatgrass; $25,924,000 for inventory and
monitoring; $2,500,000 for Marine National Monuments adhering
to direction in House Report 118-155 for the Northeast
Canyons and Seamounts Marine National Monument; and $500,000
to help refuges improve water efficiency in order to
maintain, improve, replace and upgrade refuge infrastructure
on areas such as the Quivira National Refuge.
Subsistence Management.--The Office of Subsistence
Management function and funding has been moved from the
Service and is provided for within the Office of the
Secretary.
Visitor Services.--The agreement includes $76,000,000,
which includes $7,000,000 for the Urban Wildlife Refuge
Partnership program; $2,500,000 for Youth and Careers in
Nature including $500,000 for Arctic Youth.
Conservation and Enforcement.--The agreement provides
$173,664,000 for other conservation and enforcement programs
as described below.
Migratory Bird Management.--The agreement provides
$53,212,000 which includes $30,400,000 for Conservation and
Monitoring; $5,400,000 for Permits; $591,000 for the Federal
Duck Stamp program; and $16,821,000 for the North American
Waterfowl Management Plan/Joint Ventures program.
Law Enforcement.--The agreement provides $91,859,000 for
law enforcement activities, including $3,500,000 to continue
the Service's work with the Indian Arts and Crafts Board to
combat international trafficking of counterfeit arts and
crafts and to conduct criminal investigations of alleged
violations of the Indian Arts and Crafts Act (Public Law 101-
644), maintains $8,500,000 for Wildlife Trafficking, and
$910,000 for equipment replacement.
International Affairs.--The agreement provides $28,593,000,
which includes $9,900,000 for International Conservation and
maintains $2,500,000 for Wildlife Trafficking, and
$18,693,000 for International Wildlife Trade which includes
$8,700,000 for permit modernization and $793,000 for Wildlife
Trafficking.
Fish and Aquatic Conservation.--The agreement provides
$226,793,000 for fish and aquatic conservation programs.
National Fish Hatchery System Operations.--The agreement
provides $75,105,000, which includes: $1,200,000 for Aquatic
Animal Drug Approval Partnership; $3,750,000 for Klamath
Basin restoration activities; $4,700,000 for mitigation of
the Pacific Salmon Treaty and directs the Service to follow
the guidance outlined in Senate Report 118-83; and $8,000,000
for the Warm Springs Fish Health Center. The Theodore
Roosevelt Genius Prize is maintained at the fiscal year 2023
enacted level.
Habitat Assessment and Restoration.--The agreement provides
$47,832,000, which includes $268,000 for the Chehalis
Fisheries Restoration Program; $11,500,000 to implement the
Delaware River Basin Conservation Act; $15,000,000 for the
National Fish Passage Program following the guidance outlined
in Senate Report 118-83; $9,750,000 to implement Klamath
Basin restoration activities; and $200,000 for the Truckee
River Operating Agreement.
Population Assessment and Cooperative Management.--The
agreement provides $28,613,000, which includes $1,600,000 for
Alaska Fisheries Subsistence; $1,000,000 for Great Lakes
Consent Decree; $3,000,000 for Great Lakes Fish and Wildlife
Restoration Act grants; and $818,000 for the Lake Champlain
Sea lamprey program.
Aquatic Invasive Species.--The agreement includes
$50,143,000 for aquatic invasive species programs, of which
$5,038,000 is to implement subsection 5(d)(2) of the Lake
Tahoe Restoration Act; $2,749,000 is for Prevention;
$31,000,000 is for invasive carp as outlined in Senate Report
118-83 including not less than $4,000,000 for contract
fishing; $2,834,000 for National Invasive Species Act of 1996
(NISA) State Plans and $1,566,000 for NISA implementation
which help control the spread of invasive carp; $3,500,000 is
to prevent the spread of quagga and zebra mussels allocated
per the enacted levels; $1,500,000 is for research on
hydrilla, eel, and milfoil invasive grasses; and $1,011,000
is for Great Lakes Sea Lamprey administration costs.
Science Support.--The agreement provides $33,781,000 for
Science Support which includes $24,931,000 for Science
Partnerships and $8,850,000 for Service Science. The bill
provides $1,931,000 for Gulf Coast ecosystem restoration;
$8,000,000 for Chesapeake WILD; and $3,500,000 for white-nose
syndrome.
Stewardship Priorities.--The agreement provides $44,920,000
in congressionally directed spending for stewardship projects
to further conservation goals. A detailed list of projects is
included in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
Everglades.--The agreement continues support for the
Everglades at not less than the fiscal year 2023 enacted
level.
American Bison.--The Committees direct the Department to
provide a comprehensive briefing within 90 days of enactment
of this Act detailing plans regarding the possible
introduction of bison to the Charles M. Russell National
Wildlife Refuge and actions related to Secretarial Order
3410, including consultations with the State of Montana and
Tribal governments. The briefing should also highlight the
implications for elk and other wildlife, grazing lands, and
the safety of the general public.
Ecosystem Restoration Infrastructure Improvements.--
Critical components of salmon and steelhead hatcheries, adult
fish traps, and juvenile release facilities along the lower
Snake River and in the Columbia River Basin are aging and in
need of repair and improvement. The Committees encourage the
Service to continue dialogue with its partners to come to a
workable solution on these improvements in fiscal year 2024.
[[Page S1678]]
Employee Assistance.--The Committees direct the Service to
provide a briefing within 90 days of enactment of this Act on
the virtual workshops titled ``Acknowledging Ecological Grief
and Building Resiliency.''
Endangered Species Act.--The Committees understand that the
listing of such species including the Lesser Prairie-Chicken,
Northern Long-eared Bat, Dunes Sagebrush Lizard, and the
Texas Kangaroo Rat under the Endangered Species Act (ESA) may
have on-the-ground impacts. The Committees direct the Service
to continue to collaborate with local communities, States,
Federal agencies, Tribal governments, and stakeholders on
improving voluntary solutions to conserve species with the
goal of avoiding the necessity of listing the aforementioned
species under the ESA and provide the Committees with a
briefing on such efforts within 90 days of enactment of this
Act.
CONSTRUCTION
The bill provides $19,280,000 for Construction, which
includes $11,265,000 for line-item construction projects. The
agreement continues to support the Service's objective
priority-setting process and expects the Service to follow
the priority list and submit a spend plan to the Committees
within 90 days of enactment of this Act for how it plans to
allocate the funds provided in the bill. No funding is
provided for fleet related infrastructure and field
communication modernization. The detailed allocation of
funding by activity is included in the table at the end of
this explanatory statement.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
The bill provides $23,000,000 in discretionary funding from
the Cooperative Endangered Species Conservation Fund for
conservation grants, habitat conservation planning grants,
and program administration. In addition, the bill allocates
$40,606,999 in mandatory funding from the Land and Water
Conservation Fund for species recovery and habitat
conservation plan land acquisitions. Detailed tables of
funding allocations below the account level are provided at
the end of this explanatory statement.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $49,000,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $5,000,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $20,500,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $72,384,000 for State and Tribal Wildlife
Grants. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,888,424,000 for Operation of the
National Park System (ONPS). For this and all other Service
accounts funded in this bill, the Service is expected to
comply with the instructions and requirements at the
beginning of this division, in House Report 118-155, and in
Senate Report 118-83, unless otherwise specified below.
Additional details, instructions, and requirements follow
below and in the table at the end of this division.
The Service is expected to execute its spending at the
levels provided. The Service may not redistribute the
allocations in a fiscal year 2024 operating plan. The Service
is directed to continue to refine the Operation of the
National Park Service Realignment and collaborate with the
Committees with the goal of developing an updated methodology
to improve the budgeting process.
Additional funding guidance is provided below.
Resource Stewardship.--The bill provides $398,820,000 for
Resource Stewardship, including: $5,300,000 for the
Partnership Wild & Scenic Rivers program and other similarly
managed rivers; $2,000,000 for Active Forest Management at
national parks; $6,500,000 for Quagga and Zebra Mussel
programs; $800,000 for Cave and Karst Ecosystem Research;
$400,000 for Recreational Access--Support Alaska Subsistence;
$18,856,000 for the National Trails System; and $2,500,000
for socioeconomic monitoring. The Committees continue the
directive provided in the Joint Explanatory Statement
accompanying Public Law 117-328 regarding the distribution of
funds for the National Networks.
Visitor Services.--The bill provides $277,635,000 for
Visitor Services, including no less than $2,000,000 for
efforts to expand recreational fishing, camping, and
instruction focusing on introductory recreation experiences
in parks throughout the year in a variety of recreational
activities such as paddling, climbing, hiking, cycling, and
snowshoeing. Funding is also provided at not less than the
enacted level for the Indian Youth Service Corps, and the
enacted level for the volunteers in parks program,
interpretation and education program, and the youth
partnership program.
National Capital Area Performing Arts Program.--Funding is
provided at the enacted level and the Service is reminded to
follow the directives contained in the fiscal year 2024 House
and Senate Reports regarding the National Capital Area
Performing Arts Program.
Facilities Operations and Maintenance.--The agreement
recommends $188,184,000 for cyclic maintenance, and
$110,980,000 for repair and rehabilitation projects.
Park Protection.--The bill provides $426,076,000 for park
protection, including $950,000 for veterans' fire corps.
National Park Foundation.--The agreement provides
$10,000,000 for the National Park Foundation and encourages
investments focused on housing deficiencies.
Additional Guidance.--The following additional guidance is
included:
Air Tours.--The Committees are aware that the Service is
evaluating plans to limit the number of air tours at certain
parks. The Service is reminded that these are public lands,
and ensuring access for all people, including disabled
veterans and the elderly, is an important aspect of the
Service's mission. No steps should be taken to reduce the
number of air tours in the absence of meaningful
justifications.
Glacier National Park.--The Committees are concerned about
the potential impacts the Service's vehicle reservation
system at Glacier National Park may have. The Service is
directed to brief the Committees no later than 90 days after
the enactment of this Act on what alternative approaches to
visitor management could be used that prioritize and enhance
opportunities for local residents and communities to access
the park.
Pilot Program.--In lieu of the language in House Report
118-155, under the heading ``Pilot Program,'' the agreement
notes that the Service should consider conducting pilot
programs for the purpose of improving and increasing access
for U.S. military members and their dependents, Gold Star
Families, and military veterans with a Military Lifetime or
Annual Pass at parks that require a reservation for park
entrance. The Service shall update the Committees on an
ongoing basis.
Roosevelt-Campobello International Park Commission.--
Funding for the Roosevelt Campobello International Park is
supported at no less than the fiscal year 2023 level. The
Service is directed to continue to follow the direction
contained in the statement of managers accompanying the
Consolidated Appropriation Act, 2016 (Public Law 114-113)
concerning the submission of future budget requests for the
Roosevelt-Campobello International Park.
NATIONAL RECREATION AND PRESERVATION
The bill provides $91,233,000 for national recreation and
preservation. The amounts recommended by the Committees
compared with the budget estimates by activity are shown in
the table at the end of this explanatory statement.
The bill provides $13,000,000 for the Rivers, Trails, and
Conservation Assistance Program; $3,027,000 for Chesapeake
Bay Gateways and Trails; $3,407,000 for Native American
Graves Protection and Repatriation Grants; $4,655,000 for
Japanese Confinement Site Grants; $4,000,000 for the
competitive grant program, as authorized by the 9/11 Memorial
Act (Public Law 115-413); $3,592,000 for grants
administration, and other cultural programs are funded at the
enacted level.
Cultural Programs.--The Committees recognize the importance
of supporting Native culture and arts development, which
contributes to maintaining the cultural diversity of the
Nation and the cultural survival of the regional indigenous
populations. Funding is provided for grants to nonprofit
organizations or institutions for the purpose of supporting
programs for Native Hawaiian or Alaska Native culture and
arts development at a total program level of $2,750,000.
Heritage Partnership Programs.--The bill provides
$29,232,000 for Heritage Partnership Programs. The Committees
provide sufficient funding for each heritage area to receive
no less than the amount provided in fiscal year 2023. The
directive contained in the explanatory statement that
accompanied Public Law 116-6 with regards to funding
distribution is continued.
HISTORIC PRESERVATION FUND
The bill provides $188,666,000 for historic preservation.
Competitive Grants.--The bill provides $24,000,000 for the
African American Civil Rights Grants, equal to the enacted
level. Additionally, $5,000,000 is provided for the History
of Equal Rights grants and $1,250,000 for grants to
underrepresented communities.
Paul Bruhn Historic Revitalization Grants.--The bill
provides $10,000,000 for historic revitalization grants and
retains the directives regarding the distribution of funding
included in Senate Report 116-123.
Save America's Treasures.--The bill provides $25,500,000
for the Save America's Treasures program. The Committees
support this program because of its important role in
providing preservation and conservation assistance to
nationally significant historical properties and collections,
including historic courthouses.
Semiquincentennial Preservation Grants.--The bill provides
$7,000,000 for the Service to assist states in preparing for
the upcoming Semiquincentennial celebration and to celebrate
the Nation's history. The Committees retain the directives
regarding the distribution of funding included in Senate
Report 118-83.
[[Page S1679]]
CONSTRUCTION
The bill provides $172,255,000 for construction.
Line-Item Construction.--Funding for line-item construction
projects is provided as outlined in the table contained in
this statement. Project allocations are based on updated
information provided by the Service regarding which projects
are expected to be ready for construction in fiscal year 2024
and which projects are expected to be ready for construction
in a subsequent fiscal year.
(In thousands of dollars)
----------------------------------------------------------------------------------------------------------------
State Unit or Program Project Funding Amount
----------------------------------------------------------------------------------------------------------------
OR...................................... Crater Lake NP............ Rehabilitate Cleetwood 49,300
Trail and Marina.
HI...................................... Kalaupapa NHP............. Install Fuel Tanks to 9,700
Ensure Park Continued
Operation.
DC...................................... White House............... Upgrade Utilities Project 15,600
F, and Project G--Phase
II.
---------------
Total............................... .......................... .......................... 74,600
----------------------------------------------------------------------------------------------------------------
Emergency and Unscheduled Projects.--The bill provides a
total of $3,848,000 in funding for emergency and unscheduled
projects within base funding, equal to the enacted level.
These funds support the Service in responding after
facilities and resources are damaged or destroyed in
emergencies.
CENTENNIAL CHALLENGE
The bill provides $12,000,000 for the Centennial Challenge
matching grant program.
Administrative Provisions--National Park Service
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
The bill rescinds unobligated balances from the
``Construction'' account from fiscal year 2021 or prior.
The bill rescinds unobligated balances from the
``Construction'' account for equipment replacement from
fiscal year 2023.
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,455,434,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). All programs and activities are funded
at the amounts enacted in fiscal year 2023 unless otherwise
specified below or in the table at the end of this division,
along with any necessary funding reductions to be taken from
general program activities. The Survey is expected to comply
with the instructions and requirements at the beginning of
this division and in House Report 118-155 and Senate Report
118-83 unless otherwise specified below. While some language
is repeated for emphasis, it is not intended to negate the
language referred to above unless expressly provided herein.
Environmental Health Program.--The agreement provides
$29,543,000 for Environmental Health which includes funding
for Harmful Algal Blooms and PFAS Research, including
research in the Ceded Territories of the Great Lakes, at the
fiscal year 2023 enacted level.
Species Management Research Program.--The agreement
provides $62,348,000 and maintains funding at the fiscal year
2023 enacted level for the U.S. National Phenology Network
and Hawaiian Forest Birds. The Committees direct USGS to
provide a report within 180 days of enactment of this Act on
other potential geographic or mission areas that could help
to address gaps in the Survey's research goals, including
examining those areas without a wildlife Cooperative Research
Unit (CRU), those in the Appalachian Mountain and Mississippi
Delta region, or those that could support the work of
interstate and/or international fishery commissions. Further,
language related to interstate/international fishery
commissions under the paragraph titled Cooperative Research
Units Program in Senate Report 118-83 only applies to this
program.
Land Management Research Program.--The agreement provides
$52,000,000, which supports activities in the Chesapeake Bay
and all priority geographic landscapes and ecosystems,
including the Everglades, at the fiscal year 2023 enacted
level.
Biological Threats and Invasive Species Research Program.--
The agreement provides $44,500,000, including funding for
research on European Green Crab, Coral Disease, phytoplankton
changes in the Great Lakes, and Chronic Wasting Disease at
the fiscal year 2023 enacted level. The Committees maintain
$11,000,000 for research of invasive carp, of which
$3,000,000 is for research on containing or eradicating grass
carp.
Climate Adaptation Science Center and Land Change Science
Program.--The agreement provides $82,780,000 of which
$63,115,000 is for the National and Regional Climate
Adaptation Science Centers (CASC) and $19,665,000 is for Land
Change Science.
USGS is directed to provide a report to the Committees
within 180 days of enactment of this Act on the benefits and
costs associated with creating a distinct center that would
focus on and address threats to ecosystems in the Great Basin
but would not duplicate the work of the Southwest CASC.
Cooperative Research Units Program.--Cooperative Research
Units (CRUs) are funded at $28,206,000 in accordance with the
specifications outlined in House Report 117-400.
Great Lakes Science.--Funding for the Great Lakes Science
Center is maintained at the fiscal year 2023 enacted level.
Energy and Mineral Resources.--The agreement provides
$101,093,000 for Energy and Mineral Resources. Mineral
Resources is funded at $68,729,000. The critical minerals
Earth Mapping Resources Initiative (Earth MRI) and critical
mineral mapping efforts in Alaska are funded at the fiscal
year 2023 enacted level.
The Committees encourage USGS to develop comprehensive
geologic mapping to conduct a study on lithium resources and
recovery, including in those areas of the United States with
a large concentration of lithium resources and the
infrastructure to develop those resources.
Energy Resources is funded at $32,364,000 and the agreement
maintains funding at the fiscal year 2023 enacted level for
the understanding of alkalinity sources for carbon
mineralization with a focus on mapping and assessing
resources along with associated impacts.
Natural Hazards.--The agreement provides $198,636,000 for
the Natural Hazards Program, including $92,651,000 for
earthquake hazards. Within this funding, $28,600,000 is
provided for continued development and expansion of the
ShakeAlert West Coast earthquake early warning (EEW). The
Committees direct USGS to work with States to secure any
additional funding necessary.
The agreement continues the enacted level of funding for
the national seismic hazard map, including for expansion to
Puerto Rico and the U.S. Virgin Islands, and for regional
seismic networks including operating and maintaining USArray
stations, Subduction Zone science, and earthquakes in Alaska.
The agreement provides $37,500,000 for volcano hazards.
Funding for the National Volcano Early Warning and Monitoring
System (NVEWS) and Volcanic Hazard Assessments is maintained
at the fiscal year 2023 enacted level.
The agreement includes $14,432,000 for Landslide Hazards,
which includes funding at the fiscal year 2023 enacted levels
for Cooperative Landslide Hazards and Assessment Competitive
Grant Program, Actionable Landslide Hazard Data and Science,
and Landslide Hazard Assessments in Alaska as outlined in
Senate Report 118-83.
The agreement provides $5,198,000 for Geomagnetism
including no less than the fiscal year 2023 enacted level for
the magnetotelluric survey to advance the collection of
magnetotelluric observations of the Earth's naturally
occurring electric and magnetic fields in the U.S. regions.
Water Resources.--The agreement provides $288,772,000 for
Water Resources, and maintains $66,529,000, the fiscal year
2023 enacted level, for activities associated with the
Cooperative Matching Funds. Water Availability and Use
Science is funded at $67,296,000, which funds Integrated
Water Prediction, Open ET software system, the Mississippi
Alluvial Plan (MAP) for a groundwater decision support
system, an Integrated Water Availability Assessment (IWAA)
study on hydrology of saline lakes, the U.S. Mexico
Transboundary Aquifer, and streamflow permanence modeling in
the Pacific Northwest at the fiscal year 2023 enacted levels.
USGS is directed to continue its efforts to establish the
Hydrologic Science Talent Pipeline and to use $2,000,000
within the Water Availability and Use Science Program and
$2,000,000 within the National Groundwater and Streamflow
Information Program to continue to pursue cooperative
research agreements with an emphasis on locations where USGS
has pending hydrological facilities and where there are other
Federal operational hydrologic resources. The Committees
encourage USGS to consider universities in Western States to
support building capacity and expertise in groundwater
hydrologic sciences.
The Committees also encourage USGS to provide a report
within 180 days of enactment of this Act outlining the costs
and benefits of developing a training and development program
to attract, train, and develop early career researchers and a
workforce that can engage with Tribal groups and local
stakeholders in addressing pressing water issues, including
in the Western Great Basin and Sierra Nevada.
Groundwater and Streamflow Information is funded at
$109,976,000, which supports Federal Priority Streamgages,
Ohio River Supergages, Streamgages for Transboundary Rivers,
including the Unuk River gage, Kootenai watershed, and the
Klamath Basin at the fiscal year 2023 enacted level. Funding
for the Next Generation Water Observing System (NGWOS) is
included at the fiscal year 2023 enacted level to continue
work with universities and other partners to develop
innovative water resource sensor technologies that are
scalable to regional and national monitoring networks.
[[Page S1680]]
The agreement includes $96,000,000 for the National Water
Quality program which includes $7,490,000 for harmful algal
bloom research.
Water Resources Research Act Program.--The agreement
provides $15,500,000, maintaining the enacted level of
funding and distribution. The Committees direct USGS to
provide a briefing within 180 days of enactment of this Act
on grant allocations.
Special Initiatives.--The agreement provides an additional
amount of $5,237,000 in congressionally directed spending for
Special Initiatives projects. Further detail on these
projects is located in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
Core Science Systems.--The agreement provides $273,221,000.
The National Geospatial program is funded at $89,650,000
and maintains funding at the fiscal year 2023 enacted level
for the 3D National Topography Model, 3D Elevation Program
(3DEP) including for Federal lands in western states, and
Alaska Mapping and Modernization, and the National Digital
Trails project.
The National Land Imaging program is funded at $115,071,000
which includes $95,334,000 for Satellite Operations and
$1,456,000 for the Remote Sensing State Grants program.
Science Support.--The agreement includes $105,000,000 which
provides $81,500,000 for Administration and Management, of
which $2,667,000 is for scientific integrity, and $23,500,000
is for Information Services.
Bureau of Ocean Energy Management
OCEAN ENERGY MANAGEMENT
The bill provides $211,162,000 for the Ocean Energy
Management appropriation, which is partially offset through
the collection of rental receipts and cost recovery fees
totaling $56,000,000, resulting in a net appropriation of
$155,162,000. Specific allocations at the activity level are
contained in the table accompanying this explanatory
statement.
Geologic Carbon Sequestration.--The agreement includes not
less than $2,000,000 for geologic carbon sequestration on the
Outer Continental Shelf as authorized by the Infrastructure
Investment and Jobs Act (Public Law 117-58; 43 U.S.C.
1337(p)(1)(E)). As noted in the House Report, the Committees
expect the Bureau to prioritize finalizing regulations for
geologic carbon sequestration.
Decommissioning Account.--The bill includes a provision
establishing a new separate Treasury account to facilitate
the transfer of financial assurance funds between the Bureau
of Ocean Energy Management, which is responsible for calling
bonds and collecting associated funds, and the Bureau of
Safety and Environmental Enforcement, which is responsible
for ensuring the decommissioning work occurs.
Bureau of Safety and Environmental Enforcement
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $205,330,000 for the Offshore Safety and
Environmental Enforcement appropriation. This amount is
partially offset through the collection of rental receipts,
cost recovery fees and inspection fees totaling $66,000,000,
resulting in a net appropriation of $139,330,000. Specific
allocations at the activity level are contained in the table
accompanying this explanatory statement.
OIL SPILL RESEARCH
The bill provides $15,099,000 for Oil Spill Research.
Office of Surface Mining Reclamation and Enforcement
REGULATION AND TECHNOLOGY
The bill provides $116,186,000 for the Regulation and
Technology appropriation.
ABANDONED MINE RECLAMATION FUND
The bill provides $162,546,000 for the Abandoned Mine
Reclamation Fund appropriation. Of the funds provided,
$32,546,000 shall be derived from the Abandoned Mine
Reclamation Fund and $130,000,000 shall be derived from the
General Fund.
Abandoned Mine Land Economic Revitalization (AMLER).--The
bill provides a total of $130,000,000 for direct payments to
States and federally recognized Indian Tribes for the
reclamation of abandoned mine lands in conjunction with
economic and community development and reuse goals. For
fiscal year 2024, $86,000,000 shall be divided equally
between the three Appalachian States with the largest
unfunded needs for the reclamation of Priority 1 and Priority
2 sites as delineated in the AML Inventory System;
$33,000,000 shall be divided equally between the next three
Appalachian States with the largest unfunded needs for the
reclamation of Priority 1 and Priority 2 sites as delineated
in the AML Inventory System; and $11,000,000 shall be for
direct payments to federally recognized Indian Tribes. The
Committees expect the Office to improve collaboration with
States and Tribes and to process outstanding proposed
projects in a timely and transparent manner. The detailed
allocation of funding by activity is included in the table
accompanying this explanatory statement.
INDIAN AFFAIRS
Bureau of Indian Affairs
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,898,550,000 for Operation of Indian
Programs. All Tribal Priority Allocation (TPA) programs and
Public Safety and Justice programs are continued at the
fiscal year 2023 enacted level and dispositions of other
programs and activities are specified below or reflected in
the table accompanying this joint explanatory statement.
Internal transfers within the accounts proposed in the fiscal
year 2024 budget request have been accepted. For this and all
other Bureau accounts funded in this bill, Indian Affairs is
expected to comply with the instructions and requirements at
the beginning of this division and in House Report 118-155
and Senate Report 118-83, unless otherwise specified below.
Additional details, instructions, and requirements are
included below and in the table at the end of this division.
Indian Affairs is reminded of the importance of meeting
reporting requirement deadlines so that the Committees can
properly evaluate programs. Failure to do so could negatively
impact future budgets.
Fort Hall Indian Reservation Boundary Investigation.--The
Committees understand the Bureau of Indian Affairs (BIA or
Bureau) is actively engaging in discussions with the
Shoshone-Bannock Tribes of Fort Hall regarding the Bureau of
Land Management's Fort Hall Indian Reservation Boundary
Investigation of June 1, 2018. The Committees direct BIA to
provide a status update on these engagements and potential
solutions within 90 days of enactment of this Act.
Tribal Government.--The agreement provides $398,987,000 for
Tribal Government programs. The Committees encourage the
Bureau to provide technical assistance to the maximum extent
practicable to recently federally recognized Tribes on how
best to leverage funding through existing programs.
The agreement includes $39,190,000 for the Road Maintenance
program, which continues funding at the 2023 enacted level
for school bus roads and the NATIVE Act (Public Law 114-22).
Human Services.--The bill provides $163,747,000 for Human
Services programs. The agreement provides funding for the
Housing Improvement Program and Indian Child Welfare Act
(ICWA) activities equal to the fiscal year 2023 enacted
level. The Committees direct the Bureau to work closely with
the Administration for Children and Families (ACF) to help
State agencies maintain and improve upon their
responsibilities required by 42 USC 622(b)(9) to Indian
children under ICWA. The Bureau should provide a briefing to
the Committees within 180 days of enactment of this Act on
its interagency work with ACF and Tribal consultations,
including identifying any hurdles and obstacles to improving
State agencies' compliance with ICWA.
For fiscal year 2024, the Committees expect funding to
existing Tiwahe pilot programs to continue in the same
amounts to the same recipients including funding to support
women's and children's shelters.
Within 90 days of enactment of this Act, the Committees
direct the Bureau to provide a report of those Tribes that
have not been able to receive BIA social services activities
pursuant to a self-determination contract or self-governance
compact. The report should include the amount of additional
funding required to provide parity in funding with other
Tribes.
Trust-Natural Resources Management.--The bill provides
$322,349,000 for Natural Resources Management programs. The
agreement provides $34,291,000 for competitive awards to
support critically vulnerable coastal Tribal communities and
Alaska Native Villages that experience severe weather-related
conditions jeopardizing public safety and health and supports
the eligibility of all Tribes for funding.
For the Tribal Management/Development Program, the
Committees expect the Bureau to provide no less than the
fiscal year 2023 enacted level for the existing programs
including fish and wildlife conservation efforts in the
Northwest and Great Lakes regions, Salmon Steelhead Inventory
and Assessment program, InterTribal Buffalo Council, and
other bison and buffalo projects.
It is the Committees' expectation that within the funding
provided, pilot projects and programs for Alaska subsistence
will continue at the fiscal year 2023 enacted level. The
Bureau is directed to report to the Committees within 60 days
of enactment of this Act on a distribution plan for these
funds.
The Committees support the request to move the land
acquisition funding line from the Natural Resources (TPA)
budget subactivity to a separate line within the Trust-Real
Estate Services subactivity to offer Tribes greater
flexibility. The agreement maintains funding at the
authorized and the fiscal year 2023 enacted level.
The agreement provides $49,200,000 for Rights Protection
Implementation (RPI), which maintains funding for law
enforcement needs, operations and maintenance needs,
implementation of the Columbia River In-Lieu, Treaty Fishing
Access Sites Improvement Act (Public Law 116-99), and the
U.S. Canada Pacific Salmon Treaty at the fiscal year 2023
enacted level.
The agreement provides funding at the fiscal year 2023
enacted level for Agriculture and Range programs, which
includes the invasive species program and supports efforts to
address the problem of the European Green Crab that are
impacting marine resources for Tribal communities in the
Pacific Northwest.
The agreement provides the fiscal year 2023 enacted level
for Tribal priority allocations
[[Page S1681]]
for Forestry, Water Resources, and Energy and Minerals budget
lines along with adjustments to those budget lines which are
grant or project based. Fish, Wildlife, and Parks activities
are maintained at the fiscal year 2023 enacted level.
Trust-Real Estate Services.--The bill provides $165,887,000
for Trust-Real Estate Services which includes the internal
transfers of $7,096,000 from the Bureau of Trust Funds
Administration for the Office of Hearings and Appeals Probate
Hearings Division and $2,000,000 for land acquisition as
previously discussed. Funding is continued at the fiscal year
2023 enacted level for the Land Title and Records Offices and
for the Alaska Native Claims Settlement Act, which includes
funding for historical places.
Public Safety and Justice.--The bill provides $555,559,000
for Public Safety and Justice programs. Funding is maintained
at the fiscal year 2023 enacted level for Criminal
Investigations and Police Services, including the nationwide
body worn camera program, the advanced training facility, the
Indian Police Academy, and Detentions/Corrections. The
agreement maintains $62,000,000 to implement public safety
changes resulting from the McGirt v. Oklahoma Supreme Court
decision.
For Tribal Justice Support, $34,836,000, the fiscal year
2023 enacted level, is provided, which maintains funding to
implement and ensure compliance with the Violence Against
Women Act. Funding for PL 280 Tribal courts is maintained at
the fiscal year 2023 enacted level and should be distributed
in a manner consistent to prior years as outlined in Senate
Report 118-83.
The agreement provides funding at the fiscal year 2023
enacted level for the Safeguarding Tribal Objects of
Patrimony (STOP) Act and other related laws.
The agreement continues funding at the fiscal year 2023
enacted level for the Missing and Murdered Indigenous Women
(MMIW) Tribal Public Safety initiative, Tiwahe recidivism
initiative, equipment to collect and preserve evidence at
crime scenes, and victim witness specialists. Funding for
MMIW cold cases, background checks to hire more law
enforcement officers, and law enforcement to implement the
Native American Graves Protection and Repatriation Act
(NAGPRA) is continued at the fiscal year 2023 enacted level.
The Committees remain concerned about theft, looting, and
trafficking of sacred objects and items of cultural patrimony
and note the importance of enforcing NAGPRA and related laws.
Public Law 83-280 Needs.--The Committees note that a number
of States with large Indian populations have no law
enforcement presence in Tribal communities and Alaska Native
Villages despite high crime rates; however, these Tribes are
not eligible for certain Native justice funding simply
because they are located in Public Law 280 States. Within 180
days of enactment of this Act, the Bureau is directed to
conduct Tribal consultation on the budgetary needs of Tribal
law enforcement, including wellness courts and other
essential judicial needs for the Tribes in these States, and
report back to the Committees on the available Federal
funding, within the Department of the Interior or elsewhere,
for these Tribes or outlining the barriers to the development
of such funding.
Community and Economic Development.--The bill provides
$30,546,000 for Community and Economic Development programs,
which maintains funding at the fiscal year 2023 enacted level
for language immersion grants. The agreement also maintains
funding at the fiscal year 2023 enacted level for business
incubators, which includes the $500,000 increase provided in
fiscal year 2023.
NATIVE Act Implementation.--The Committees emphasize the
language in Senate Report 118-83 regarding implementation of
the NATIVE Act and direct BIA to recognize its role in
strengthening and coordinating Native American tourism
programs within relevant Federal agencies, in accordance with
the underlying statute. Within 90 days of enactment of this
Act, the Committees direct BIA to provide a briefing on how
it is engaging qualified Native-led non-profit organizations,
how it will implement a NATIVE Act MOU, and plans to improve
Native tourism collaboration within the Federal government in
future years.
Executive Direction and Administrative Services.--The bill
includes $260,634,000 for Executive Direction and
Administrative Services, including maintaining the fiscal
year 2023 enacted level for the Native boarding school
initiative. The bill includes $841,000 for Special
Initiatives identified in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
INDIAN LAND CONSOLIDATION
The bill provides $4,000,000 for Indian Land Consolidation.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2023 and estimated
to be $342,000,000 in fiscal year 2024. The bill does not
include the budget proposal to make these costs mandatory.
PAYMENTS FOR TRIBAL LEASES
The bill provides an indefinite appropriation for payments
under section 105(l) of the Indian Self-Determination and
Education Assistance Act, consistent with fiscal year 2023
and estimated to be $64,000,000 in fiscal year 2024. The bill
does not include the budget proposal to make these costs
mandatory.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $133,780,000 for Construction. The
detailed allocation of funding is included in the table at
the end of this explanatory statement.
Other Program Construction.--The bill provides funding at
the fiscal year 2023 enacted level for the project at Fort
Peck.
The Committees are aware of challenges with the ability of
the San Carlos Irrigation Project's power system to purchase
power when there are fluctuations in market conditions. The
Bureau should keep the Committees updated regarding
challenges of the project to purchase power.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $976,000 for Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $13,329,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country. Additional details are included in the bill
language.
Bureau of Indian Education
OPERATION OF INDIAN EDUCATION PROGRAMS
Bureau of Indian Education.--The bill includes
$1,131,617,000 for Bureau of Indian Education (BIE) Operation
of Indian Education Programs. All programs, projects, and
activities are maintained at fiscal year 2023 enacted levels
and all internal transfers proposed in the fiscal year 2024
budget request are accepted. Native immersion grants are
funded at the fiscal year 2023 enacted level. For this and
all other Bureau accounts funded in this bill, the Bureau is
expected to comply with the instructions and requirements at
the beginning of this division and in House Report 118-155
and Senate Report 118-83, unless otherwise specified below.
The agreement outlines funding levels in the detailed table
accompanying this joint explanatory statement.
Elementary/Secondary Programs (forward funded).--The bill
includes $706,185,000 for Elementary/Secondary Programs. ISEP
Formula Funds, ISEP Program Adjustments, and Tribal grant
support costs are funded at the fiscal year 2023 enacted
level.
Post Secondary Programs (forward funded).--The agreement
provides $127,407,000 for Post Secondary Programs, which
maintains funding at the fiscal year 2023 enacted level for
Haskell and Southwestern Indian Polytechnic Institute, Tribal
Colleges and Universities, including Tribal endowment grants,
and Tribal Technical Colleges.
Chemawa Indian School.--The Committees are highly concerned
with the findings included in the recent audit published by
the Department's Office of Inspector General regarding the
financial oversight and management of the Chemawa School in
Oregon. The Bureau is directed to brief the Committees within
30 days of enactment of this Act on how the Bureau intends to
address the issues raised and implement the recommendations
included in the audit.
EDUCATION CONSTRUCTION
Education Construction.--The bill provides $234,725,000 for
schools and related facilities within the BIE system.
Bureau of Trust Funds Administration
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $100,009,000 for the Bureau of Trust
Funds Administration (BTFA) and approves the proposed
internal transfer of $7,096,000 to the Bureau of Indian
Affairs, Operation of Indian Programs account. Bill language
specifies the funding for settlement support.
DEPARTMENTAL OFFICES
Office of the Secretary
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $147,418,000 for the Office of the
Secretary, Departmental Operations appropriation. Specific
allocations at the activity level are contained in the table
at the back of this explanatory statement. The bill provides
$1,176,000 for implementation of the NATIVE Act. The
Committees recommend not less than $500,000 to carry out land
assessments, appraisals, surveys and other activities in
support of the Secretary's responsibilities under the
Hawaiian Home Lands Recovery Act, including up to $200,000 to
add capacity related to infrastructure programs. The bill
includes not less than $1,806,000 for the Indian and Arts and
Crafts Board.
Grant Funding.--Within 90 days of enactment of this Act,
the Committees direct the Department to provide a briefing to
the Committees outlining the steps the Department has taken
to ensure compliance with Public Law 116-103. The briefing
should also include relevant oversight and audit efforts by
the Department to ensure grant recipients are limiting
overhead costs.
Office of Subsistence Management.--The Office of
Subsistence Management function and funding has been moved
from the U.S. Fish and Wildlife Service and is provided for
within the Office of the Secretary.
Insular Affairs
ASSISTANCE TO TERRITORIES
The bill provides $120,107,000 for Assistance to
Territories. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
[[Page S1682]]
COMPACT OF FREE ASSOCIATION
The bill provides $3,463,000 for Compact of Free
Association. A detailed table of funding allocations below
the account level is provided at the end of this explanatory
statement.
Office of the Solicitor
SALARIES AND EXPENSES
The bill provides $97,950,000 for the Salaries and Expenses
appropriation within the Office of the Solicitor. Specific
allocations at the activity level are contained in the table
at the back of this explanatory statement.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $67,000,000 for the Office of Inspector
General.
Department-Wide Programs
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,113,471,000 for the Department of the
Interior Wildland Fire Management. The bill provides
$876,021,000 for Wildfire Preparedness and Suppression, of
which $492,364,000 is for preparedness and includes amounts
to continue uninterrupted the Federal wildland firefighter
base salary increases provided under section 40803(d)(4)(B)
of Public Law 117-58 and maintain current firefighting
capacity. The Department was provided the authority by Public
Law 118-15 to exercise its flexibility regarding wildfire
personnel-related costs beyond those that are covered by
Preparedness, as well as other ongoing operating requirements
needed to maintain fire readiness and firefighting
capabilities.
Other Operations.--The bill provides $237,450,000 for other
wildland fire management operations. The Department is
directed to provide $3,000,000 to the Joint Fire Science
program for fiscal year 2024, which combined with funding in
the Forest Service provides $6,000,000 in total.
Aviation Resources.--The Committees direct the Department
of the Interior to consider including Container Aerial Fire
Fighting Systems as well as other innovative wildfire
technologies now available in the United States.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $350,000,000 for the Wildfire Suppression
Operations Reserve Fund.
CENTRAL HAZARDOUS MATERIALS FUND
The bill provides $9,661,000 for the Central Hazardous
Materials Fund appropriation.
ENERGY COMMUNITY REVITALIZATION PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $4,800,000 for the Energy Community
Revitalization Program. The detailed allocation of funding is
included in the table at the end of this explanatory
statement.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $7,715,000 for the Natural Resource
Damage Assessment Fund appropriation. Specific allocations at
the activity level are contained in the table at the end of
this explanatory statement.
WORKING CAPITAL FUND
The bill provides $107,710,000 for the Working Capital Fund
appropriation.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $167,937,000 for the Natural Resources
Revenue appropriation.
Distribution of GOMESA Revenues.--The Office is directed to
distribute revenues from Gulf of Mexico operations in a
manner consistent with current law, including the Gulf of
Mexico Energy Security Act (GOMESA) of 2006 (Public Law 109-
432), as amended.
General Provisions, Department of the Interior
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Bureau of Trust Funds Administration, for
Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 109 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 110 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively
perform reimbursable work.
Section 111 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 112 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 113 provides the Secretary of the Interior the
ability to transfer funds among and between the Bureau of
Indian Affairs and the Bureau of Indian Education.
Section 114 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 115 directs notification of any deviation in
procedure or equipment.
Section 116 allows the National Park Service to convey
lands for purposes of transportation and recreation for a
specific project.
Section 117 authorizes Tribally controlled schools access
to interagency motor vehicles in the same manner as if
performing activities under the Indian Self Determination and
Education Assistance Act.
Section 118 provides the Secretary of the Interior with
certain pay authority for the Appraisal and Valuation
Services Office.
Section 119 addresses the issuance of rules for sage-
grouse.
Section 120 authorizes the National Park Service to retain
up to 7 percent of State Conservation Grants to provide
matching grants to support state program administrative
costs.
Section 121 addresses the retention of concession franchise
fees.
Section 122 extends the authorization of deposits into the
Historic Preservation Fund.
Section 123 establishes an offshore decommissioning
account.
Section 124 establishes a nonrecurring expenses fund for
the Department of the Interior.
Section 125 extends the authorization for Ebey's Landing
National Historic Reserve.
Section 126 provides the Secretary of the Interior the
ability to authorize and execute agreements to achieve
operating efficiencies.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The agreement provides $9,158,894,000 for the Environmental
Protection Agency (EPA). The Agency is expected to comply
with the instructions and requirements at the beginning of
this division, in House Report 118-155, and Senate Report
118-83, unless otherwise specified below. Additional details,
instructions, and requirements follow below and in the table
at the end of this division.
PFAS and Contaminants of Emerging Concern.--In lieu of the
matter under the heading ``PFAS and Contaminants of Emerging
Concern'' in Senate Report 118-83 and ``PFAS National Primary
Drinking Water Regulation Rulemaking'' in House Report 118-
155, the Committees provide the following direction. Within
60 days of enactment of this Act, the Agency is directed to
brief the Committees on updated fiscal year 2024 PFAS-related
actions and provide the Committees with a spend plan that
details funding at the program project level. Additionally,
in lieu of the direction in House Report 118-155 regarding a
GAO assessment, the Committees direct GAO, following
consultation with the Committees, to review cost estimates
supporting the final rule.
SCIENCE AND TECHNOLOGY
For Science and Technology programs, the agreement provides
$758,103,000. The bill transfers $30,343,000 from the
Hazardous Substance Superfund account to this account. The
agreement provides the following specific funding levels and
direction:
Clean Air.--The Committees recognize the important role
that Clean Air Allowance Trading Programs play in improving
air quality and reducing pollution and note the Science
Advisory Board panel's review of the Clean Air Allowance
Trading Program. The Committees direct the Agency to continue
this effort, and provide up to $3,000,000 to modernize the
Clean Air Status and Trends Network [CASTNet].
Homeland Security.--The Committees are concerned by public
reports of cyberattacks on water systems across the world,
and urge the Agency to continue prioritizing activities
related to the cybersecurity of the Nation's water systems.
Research: Air and Energy.--Within available funds, the
Committees continue funding for the study under the heading
``Partnership Research'' contained in the explanatory
statement of Public Law 115-141.
Research: Chemical Safety for Sustainability.--The
agreement provides $127,037,000. Of the amount provided,
$1,500,000 is to develop and demonstrate nano-sensor
technology with functionalized catalysts that have the
potential to degrade selected contaminants in addition to
detecting and monitoring pollutants.
Research: National Priorities.--The agreement provides
$19,530,000 for Research: National Priorities, including
$9,500,000 for extramural research grants, independent of the
Science to Achieve Results (STAR) grant program, as specified
under this heading in Senate Report 118-83.
[[Page S1683]]
The Committees support the Agency's effort to prioritize
new federal research that will help farmers, ranchers, and
rural communities manage PFAS impacts in agricultural
settings and communities and provide $8,000,000 to continue
that work. The Agency is directed to follow the directives as
specified under this heading in House Report 118-155.
Consistent with House Report 118-155, the bill provides up
to $1,475,000 for advancing full scale applied research and
testing capabilities to address threats to drinking water and
associated infrastructure at Water Security Test Bed
facilities.
The agreement provides $2,030,000 for Congressionally
Directed Spending grants. Further detail on the projects is
located in the table titled ``Interior and Environment
Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' accompanying this
explanatory statement.
Research: Safe and Sustainable Water Resources.--Of the
funds provided, up to $5,000,000 shall be used for grants
under section 2007 of America's Water Infrastructure Act
(P.L. 115-270).
Additional Guidance.--The following additional guidance is
included:
Chemical Reviews.--The Committees direct the Agency to
provide a briefing within 90 days of enactment of this Act on
efforts to carry out the actions outlined under the headers
titled ``Chemical Reviews'', ``New Chemical Submissions'',
and ``Tiered Testing'' in House Report 118-155 and Senate
Report 118-83.
Harmful Algal Blooms.--The Committees recognize the
increasing challenges many communities face from harmful
algal blooms (HABs), and encourage the Agency to conduct and
fund research that promotes scientific progress towards
preventing and controlling HABs, including research to: (1)
determine the effectiveness of existing nutrient prevention
and treatment technologies; (2) develop methods to monitor,
characterize, and predict HABs for early action; (3) identify
and evaluate existing excess nutrient prevention and
treatment technologies; identify emerging nutrient treatment
technologies being scaled up, how to improve upon those
technologies, and developing new technologies; and (4)
develop best management practices to help both rural and
urban communities reduce excess nutrients in their watershed.
Within the Safe and Sustainable Water Research Program, the
Committees continue providing $6,000,000 to carry out the
research detailed in this paragraph, and to investigate
adverse health effects from exposure to HABs and
cyanobacteria toxins, how to better understand and address
HABs, support States in their efforts to prevent and manage
HABs, and develop methods to monitor, predict, and
characterize blooms to allow for early action.
Integrated Risk Information System (IRIS) Program.--In lieu
of the House directives on IRIS, the Agency is directed to
follow the guidance in the joint explanatory statement
accompanying Public Law 117-103.
Landfill Emissions Research.--Consistent with direction in
the explanatory statement accompanying Public Law 117-328,
the bill provides $2,000,000 for landfill emissions research.
Renewable Fuel Standards.--The Committees direct the Agency
to provide a briefing within 90 days of enactment of this Act
on planned actions related to the eRINS proposed rule.
The Committees note that the process for renewable fuel
pathways continues to suffer from significant delays and
inefficiencies, creating uncertainty for biofuel producers.
The Committees direct the Agency to provide a report, within
90 days of enactment of this Act, outlining recommendations
on how to streamline and expedite the RFS pathway petition
and approval process, as well as information on its hiring
activity.
The Committees include only the following direction
regarding waste plastic and waste tires. The Committees
direct the Agency to provide a briefing within 120 days of
enactment of this Act on the potential benefits and drawbacks
of including these waste streams as cellulosic biofuels.
Science to Achieve Results (STAR) Grants.--The agreement
provides funds to continue the STAR program and directs the
Agency to distribute grants consistent with fiscal year 2023.
Testing Alternatives.--The Committees include only the
following direction. The Committees appreciate the Agency's
work on New Approach Methods (NAMs), including in vitro
tests, in chemico assays, and in silico models, which
represent key advances in science to support hazard and risk
assessments of pesticides and chemicals. The Committees
encourage the Agency to continue supporting and perform
research on the development and evaluation of NAMs through
the Chemical Safety for Sustainability National Research
Program.
Wildfire Smoke Research.--The Agency is directed to follow
the guidance in the joint explanatory statement accompanying
Public Law 117-103.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For Environmental Programs and Management, the bill
provides $3,178,028,000. The agreement provides the following
specific funding levels and direction:
Clean Air.--The Committees include only the following
direction on the Energy STAR program. The Committees direct
the Agency to provide a briefing within 120 days of enactment
of this Act on its analyses related to emissions reductions
and costs and benefits to consumers of proposals to eliminate
products or appliances from the Energy STAR program based on
fuel type.
The bill maintains the enacted level for the Agency's wood
stove certification and testing standards work. The Agency is
directed to use the base funding to increase its staffing and
other required efforts to support the wood stove
certification and testing program. The Agency is further
directed to brief the Committees within 60 days of enactment
of this Act on improvements the Agency plans to make to the
program and how it will better communicate with State and
local stakeholders.
Cost Effective Technologies.--The Committees commend EPA
for its efforts through the AirNow Fire and Smoke Map to
better forecast and communicate the impact of wildfire smoke
on communities. The Committees are concerned that air quality
monitors are not currently distributed equitably across
impacted communities. The Committees encourage EPA to expand
its support for wildfire smoke monitoring, including
improving instrumentation, technical assistance, and
outreach, using the resources provided in this bill with a
focus on traditionally underserved or under-monitored
communities. The bill continues funding for wildfire smoke-
related activities.
Environmental Protection: National Priorities.--The
agreement provides $30,700,000, for a competitive grant
program for qualified non-profit organizations to provide
technical assistance for improved water quality or safe
drinking water, adequate waste-water to small systems, or
individual private well owners. The Agency shall provide
$26,000,000 for Grassroots Rural and Small Community Water
Systems Assistance Act (Public Law 114-98), for activities
specified under section 1442(e) of the Safe Drinking Water
Act (42 U.S.C. 300j-1(e)(8)). The Agency is also directed to
provide $3,450,000 for grants to qualified not-for-profit
organizations for technical assistance for individual private
well owners, with priority given to organizations that
currently provide technical and educational assistance to
individual private well owners. The Agency is directed to
provide on a national and multi-State regional basis,
$1,250,000 for grants to qualified organizations for the sole
purpose of providing on-site training and technical
assistance for wastewater systems. The Agency shall require
each grantee to provide a minimum 10 percent match, including
in-kind contributions. The Agency is directed to allocate
funds to grantees within 180 days of enactment of this Act.
Geographic Programs.--The agreement provides $681,726,000
as described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative (GLRI).--The agreement
provides funding to the GLRI Distinct Tribal Program at no
less than $16,500,000.
Chesapeake Bay.--From within the amount provided, at least
$10,000,000 is for nutrient and sediment removal grants, at
least $10,000,000 is for small watershed grants to control
polluted runoff from urban, suburban, and agricultural lands,
and at least $8,000,000 is for State-based implementation in
the most effective basins.
San Francisco Bay.--The Committees direct the Agency to
undertake priority activities within the San Francisco Bay
Estuary Comprehensive Conservation and Management Plan
approved under section 320 of the Clean Water Act.
Puget Sound.--The bill provides $54,000,000 for the Puget
Sound program, of which up to 5 percent is to support the
Puget Sound Recovery National Program Office as authorized in
section 8501(b) of title LXXXV of Public Law 117-263.
Further, the Committees direct the EPA to work expeditiously
to establish the Puget Sound Recovery National Program Office
and Puget Sound Federal Leadership Task Force as authorized
in Public Law 117-263, and direct the Agency to brief the
Committees no later than 60 days after enactment of this Act
on such efforts.
Long Island Sound.--The Committees direct the Agency to
utilize up to $2,000,000 of the funding provided for the Long
Island Sound program to execute a Long Island Sound Study
with existing academic partners with expertise in
oceanography, chemistry, atmospheric science, hydrology, and
marine biology. Expanded research initiatives such as these
are needed to collect and develop more data, as well as the
modeling tools necessary for the continued protection and
management of the Sound.
South Florida.--Within the funds provided, the agreement
provides at least $2,000,000 to monitor coral health in South
Florida; $1,150,000 to enhance water quality and seagrass
monitoring in the Caloosahatchee Estuary and Indian River
Lagoon, especially with respect to assessing the impact of
Lake Okeechobee discharges and harmful algal blooms;
$1,150,000 to enhance water quality and seagrass monitoring
in Florida Bay and Biscayne Bay, especially with respect to
assessing the impact of Everglades Restoration projects and
harmful algal blooms; and $1,000,000 for the expansion of the
water quality and ecosystem health monitoring and prediction
network which will use vetted, modern procedures for long-
term monitoring of Florida waters, including molecular,
algal, ocean floor, and seagrasses.
Gulf of Mexico.--The Committees note that hypoxia continues
to be a growing cause for concern. The Committees direct the
Agency
[[Page S1684]]
to coordinate with the Department of Agriculture, the Gulf
States, and other State, local, and private partners to
leverage greater resources toward conservation projects on
working-lands within the Gulf Region and Mississippi River
Basin. The Agency is directed to distribute funds in the same
manner as fiscal year 2023.
Lake Champlain.--The bill provides $25,000,000 for the Lake
Champlain program. These funds shall be allocated through the
Lake Champlain Basin Program, other than continuing the
enacted levels to support significant, impactful projects
identified in the State implementation plan that will make
measurable progress towards meeting the phosphorus reduction
targets of the EPA's 2016 Phosphorus Total Maximum Daily Load
Plan for Lake Champlain.
Southern New England Estuaries.--The Agency is directed to
follow the guidance in House Report 117-83.
Northwest Forest Program.--The Committees continue to
support the Northwest Forest Program at not less than fiscal
year 2021 funding level.
Information Exchange/Outreach.--Tribal capacity building is
funded at not less than the enacted level.
Pesticide Licensing.--The Committees include only the
following direction. The Committees recommend that as the
Agency conducts Endangered Species Act (ESA) analyses,
consistent with statutory and litigation requirements, it
will consider best available data on pesticide usage,
existing conservation practices, real-world studies on spray
drift, ground water and surface water concentrations, and
sub-county level species range maps.
Pesticides Rulemaking.--In lieu of the House language on
Pesticides Rulemaking, the Committees encourage the Agency to
provide a briefing within 90 days of enactment of this Act
regarding considerations of potential revisions, if any, to
the final rule titled: Pesticides; Exemptions of Certain
Plant-Incorporated Protectants (PIPs) Derived From Newer
Technologies to regulate based on the environmental and human
health risk of the product, rather than the process used to
develop the product.
Resource Conservation and Recovery Act (RCRA).--Of the
funds provided under this program area, $9,000,000 is for
implementation of a Federal permit program for coal
combustion residuals in non-participating states, as
authorized under section 4005(d)(2)(B) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)(2)(B)), or to provide
technical assistance to states establishing their own
permitting program under section 4005(d) of the Solid Waste
Disposal Act (42 U.S.C. 6945(d)).
Ensure Clean Water.--The Committees support the work of the
WaterSense, Urban Waters, and Trash Free Waters programs and
encourage the continuance of these programs.
The agreement provides up to $2,000,000 for integrated
planning activities consistent with section 402(s) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(s)).
Ensure Clean Water: National Estuary Program/Coastal
Waterways.--The agreement provides $40,000,000, of which the
agreement provides $850,000 per estuary for each of the 28
national estuaries in the National Estuary Program (NEP)
authorized by section 320 of the Clean Water Act (Public Law
92-500). An additional $2,500,000 is provided for competitive
grants.
Ensure Safe Water.--Within available funds, the agreement
provides no less than $5,000,000 for the Agency's continued
work within the Underground Injection Control (UIC) program
related to Class VI wells for geologic sequestration to help
develop expertise and capacity at the Agency. These funds
should be used by the Agency to expeditiously review and
process Class VI permits and primacy applications from States
and Tribes.
In addition, the agreement provides $1,200,000 to support
Class VI regulator education and training programs in
conjunction with States or other eligible entities such as an
association of States.
Within 270 days of enactment of this Act, the Agency is
directed to provide a report to the Committees detailing a
plan for consideration of guidance regarding the transition
of UIC Class II wells used for long-term geologic storage of
carbon dioxide to UIC Class VI wells under the existing
regulatory structure.
Within the available funds, the agreement continues the
enacted level of $3,000,000 for the Agency to complete the
needs assessment for nationwide rural and urban low-income
community water assistance authorized in section 50108 of the
Infrastructure Investment and Jobs Act (Public Law 117-58).
The Agency is directed to brief the Committees on plans for
survey implementation within 120 days of enactment of this
Act.
Additional Guidance.--The following additional guidance is
included:
Chlorpyrifos.--The Committees note recent court action on
the August 2021 rule regarding chlorpyrifos, and direct the
Agency to provide a briefing on how the Agency is complying
with the court's order within 180 days of enactment of this
Act.
Ethylene Oxide.--In lieu of the House and Senate directives
regarding ethylene oxide, the Committees note public concerns
about ethylene oxide emissions. The Committees request a
briefing within 180 days of enactment of this Act on
potential impacts from the Agency's proposed standards.
Transboundary Watersheds.--The Committees direct the Agency
to continue and expand its work coordinating with Federal,
State, local, and Tribal agencies to monitor and reduce
transboundary mining pollution in the Kootenai watershed and
other U.S.-British Columbia transboundary watersheds. The
Committees provide $2,000,000 for such monitoring,
management, and interagency activities in U.S.-British
Columbia transboundary watersheds. The Committees remind the
Agency of the direction in the explanatory statement
accompanying Public Law 117-103 to brief the Committees on
the Agency's progress to document baseline conditions and
mining-related impacts, and any additional staff or resources
needed for this project. The Committees direct the Agency to
allocate these funds in its fiscal year 2024 operating plan
to the appropriate program project area for carrying out
these activities.
Small Refinery Relief.--The Committees recognize that the
Renewable Fuels Standard [RFS] under Clean Air Act Section
211(o)(9) provides that the Agency may exempt small
refineries from compliance with the RFS in certain
circumstances and that a small refinery ``may at any time
petition the Administrator for an extension of the exemption
for the reason of disproportionate economic hardship.''
Pre-Commercial Thinning.--The Committees recognize that
pre-commercial thinning from non-Federal forestland that is
not ecologically sensitive forestland can qualify as
renewable biomass for purposes of the RFS under the
provisions detailed in 40 C.F.R. 80.1401. The Committees
direct the Agency to support other Federal agencies leading
efforts to enhance markets for low-grade and low-value wood.
The Agency is further directed to brief the Committees on
these efforts within 180 days of enactment of this Act.
Hydrofluorocarbons.--The resources provided include funding
for the phase down of the use of hydrofluorocarbons.
OFFICE OF INSPECTOR GENERAL
The bill provides $43,250,000 for the Office of Inspector
General. The bill transfers $11,328,000 from the Hazardous
Substance Superfund account to this account.
BUILDINGS AND FACILITIES
The bill provides $40,676,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $537,700,000 for the Hazardous Substance
Superfund account and includes bill language to transfer
$11,328,000 to the Office of Inspector General account and
$30,343,000 to the Science and Technology account. The
agreement provides the following additional direction:
Research: Chemical Safety and Sustainability.--The
agreement provides $12,961,000 for Research: Chemical Safety
and Sustainability. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
Research: Sustainable and Healthy Communities.--The
agreement provides $16,937,000 for Research: Sustainable and
Healthy Communities. The Agency is directed to include these
funds as part of the transfer to the Science and Technology
account.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $89,214,000 for the Leaking Underground
Storage Tank Trust Fund Program.
InLAND OIL SPILL PROGRAMS
The bill provides $20,711,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
(INCLUDING RESCISSION OF FUNDS)
The bill provides $4,418,938,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Community Project Funding Items/Congressionally Directed
Spending Items.--From within funds provided for
capitalization grants for the Clean Water State Revolving
Fund and the Drinking Water State Revolving Fund, the
agreement provides $787,652,267 from the Clean Water SRF and
$631,659,905 from the Drinking Water SRF for Community
Project Funding/Congressionally Directed Spending grants for
the construction of drinking water, wastewater, and
stormwater infrastructure and for water quality protection.
Infrastructure Projects.--Each project shall provide not
less than 20 percent matching funds from non-Federal sources,
unless approved for a waiver. Applicable Federal requirements
that would apply to a Clean Water State Revolving Fund or
Drinking Water State Revolving Fund project grant recipient
shall apply to a grantee receiving a Congressionally directed
spending grant under this section. The Committees note that
the following funds are to be treated as non-Federal funds
and can be used to meet the non-Federal matching fund
requirement: U.S. Department of Housing and Urban
Development, Community Development Block Grant Program; U.S.
Department of Agriculture, Rural Development Program;
Appalachian Regional Commission grants; and Delta Regional
Authority grants. Funding made available to jurisdictions
through the American Rescue Plan Act of 2021 (Public Law 117-
2) is considered Federal funding and may not be applied
towards the non-Federal cost share requirement.
The Committees remain concerned that EPA does not have
sufficient resources necessary to expeditiously implement
this program and fully support recipients as they address
applicable Federal grant requirements.
[[Page S1685]]
Accordingly, the agreement provides $13,300,000 in funding
for salaries, expenses, and administration for
Congressionally Directed Spending and Community Project
Funding grants provided in fiscal year 2022 and fiscal year
2023 and this Act. While the Committees appreciate the
technical assistance the Agency has provided in recent
months, the Committees remain concerned that more work is
needed to resolve the Agency's significant backlog of
projects, as discussed in the fiscal year 2024 Senate
appropriations hearing. Required by a provision in the bill,
the Committees direct the Agency to provide a briefing within
45 days and a subsequent report within 90 days of enactment
of this Act proposing efficient solutions for substantially
increasing the Agency's effectiveness and timeliness in
administering Community Project Funding and Congressionally
Directed Spending projects. This briefing and report must
include: ways to streamline environmental reviews, additional
statutory authority that may be helpful to the Agency, and
any additional options the Agency sees fit to recommend to
the Committees, other than increased staffing at the Agency.
The report must include detailed legislative text, including
bill language, if necessary, for these proposals.
The agreement further directs the Agency to include in the
above-mentioned required report, a detailed legislative
structure to allow States to implement and manage Community
Project Funding/Congressionally Directed Spending grants. The
proposed legislative structure must include the following
elements: allow States to apply or elect to manage a project
or projects, including where recipients of Community Project
Funding/Congressionally Directed Spending projects may opt-
out of State management; align the requirements of the grants
managed by the States with those that apply to SRF loans;
and, an administrative funding set-aside for States to
utilize when they elect to manage projects.
The Agency is directed to immediately begin consulting with
the States and Tribes on this proposal, solicit their
feedback, and the Agency is strongly encouraged to
incorporate State and Tribal feedback into its report and
legislative proposal.
The Agency shall not obligate or expend the funding
provided for salaries, expenses, and administration unless
written confirmation is provided by the Committees. If the
Committees find the report lacking, the Committees reserve
the right to withhold approval for obligation until the
Agency provides the Committees with an adequate response. The
Committees remind the Agency of previous commitments to
seriously engage with the Committees on finding long-term
solutions to the growing backlog of projects.
Diesel Emission Reductions Grants (DERA).--The Committees
support the use of DERA funding in transportation
electrification projects.
Targeted Airshed Grants.--The Committees direct the Agency
to follow the directive in Senate Report 118-83.
Wildfire Smoke Preparedness.--The agreement provides
$7,000,000 for wildfire smoke preparedness grants. These
grants shall be distributed on a competitive basis to States,
federally recognized Tribes, public pre-schools, local
educational agencies as defined in 20 U.S.C. 7801(30), and
non-profit organizations, for assessment, prevention,
control, or abatement of wildfire smoke hazards in community
buildings, including schools as defined in 20 U.S.C. 3610(6),
and related activities. The Federal share of the costs of
such activities shall not exceed 90 percent except that the
Administrator may waive such cost share requirement in the
case of facilities located in economically distressed
communities. A maximum of 25 percent of grant funding under
this paragraph during this fiscal year may go to recipients
in any one State. Further, the Committees direct the Agency
to allow for grants to be made for research purposes, in
addition to current eligibility categories.
Categorical Grants.--The agreement provides $1,106,333,000
for Categorical Grants. Funding levels are specified in the
table at the end of this division.
Categorical Grant: Resource Recovery and Hazardous Waste
Grants.--The Agency is directed to follow the directive
contained in House Report 118-155 pertaining to coal
combustion residuals and the agreement provides $4,000,000
from the Hazardous Waste Financial Assistance categorical
grants program project for this purpose.
Additionally, of the funding provided, $5,000,000 is to
support post-consumer materials management or recycling
facilities, consistent with section 302(a) of the Save Our
Seas 2.0 Act (Public Law 116-224).
Categorical Grants: Nonpoint Source Section 319.--The
Committees expect the Agency to examine the allocation
formula to ensure that resources are spent in areas with the
most pressing need.
Categorical Grant: Public Water System Supervision.--Of the
funds provided, $12,000,000 is to further support States,
Territories, and Tribes in addressing PFAS and other
contaminants of emerging concern as they carry out their
Public Water System Supervision programs.
PFAS.--The bill clarifies Congressional intent that funding
provided in fiscal year 2024, including from Public Law 117-
58, for grants for addressing contaminants under subsections
(a) through (j) of section 1459A of the Safe Drinking Water
Act (42 U.S.C. 300j-19a) may be used by a State to provide
assistance to benefit one or more owners of drinking water
wells that are not public water systems or connected to a
public water system for necessary and appropriate activities
related to a contaminant pursuant to subsection (j) of
section 1459A of the Safe Drinking Water Act. In implementing
this funding, the Committees direct the Agency to encourage
States to prioritize beneficiaries that make less than the
average household income for the State.
Use of Iron and Steel.--The bill includes language in title
IV general provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects, and
the agreement includes only the following guidance: the
Committees acknowledge that the Agency may issue a waiver of
said requirements for de minimis amounts of iron and steel
building materials. The Committees emphasize that any coating
processes that are applied to the external surface of iron
and steel components that otherwise qualify under the
procurement preference shall not render such products
ineligible for the procurement preference regardless of where
the coating processes occur, provided that final assembly of
the products occurs in the United States.
Regional Water Commissions.--The Infrastructure Investment
and Jobs Act makes clear that regional water partnerships to
address water shortages are eligible for grant funding
through the Midsize and Large Drinking Water System
Infrastructure Resilience and Sustainability Program.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The agreement provides a total of $72,274,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS OF FUNDS)
The bill continues several administrative provisions from
previous years.
The bill includes a provision providing for further
Congressional oversight.
TITLE III--RELATED AGENCIES
Department of Agriculture
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
The bill provides $1,000,000 for the Office of the Under
Secretary for Natural Resources and Environment.
FOREST SERVICE
Lake Tahoe Basin.--The Committees direct the Forest Service
to support the implementation of Public Law 106-506, as
amended, and restoration efforts in the greater Lake Tahoe
fireshed, at no less than the fiscal year 2023 enacted levels
for hazardous fuels, vegetation and watershed, and forest
cooperative health efforts.
White Oak.--The Service shall brief the Committees within
90 days of enactment of this Act on efforts to develop a
strategy to regenerate white oak on public and private lands
which includes monitoring, research, and increased private
landowner outreach and education.
FOREST SERVICE OPERATIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,150,000,000 for Forest Service
Operations. The detailed allocation of funding by activity is
included in the table accompanying this explanatory
statement.
FOREST AND RANGELAND RESEARCH
The bill provides $300,000,000 for Forest and Rangeland
Research. The detailed allocation of funding by activity is
included in the table accompanying this explanatory
statement.
Funding Directives.--The agreement provides for the
following research priorities, for which funding of
geographically-based items is in addition to funds otherwise
provided to individual research units and therefore is not to
be factored into base allocations:
--$3,000,000 to the Joint Fire Science program, which
combined with funding in the Department of Interior provides
$6,000,000 in total.
--$5,000,000 to support the Northeastern States Research
Cooperative consistent with the directives contained in
Senate Report 118-83.
--$2,000,000 for research on forest-based cellulose
nanomaterials, including material forms, manufacturing
processes, and technology transfer.
--$4,000,000 for cooperative research to develop new
understandings and innovative solutions to address wildfire
impacts on forested source water, downstream clean water, and
water treatability.
--$3,000,000 for university-led research and partnerships
to better understand fires in the wildland-urban interface,
improve workforce development for wildfire management
professionals, and improve the safety and efficiency of
wildland firefighting techniques.
--$500,000 to increase modeling work to better understand
the upper limit of fish distribution in the Pacific
Northwest.
--$1,500,000 to continue Forest Products Laboratory
university partnerships to optimize biomass
commercialization, including lumber standards, mass timber
construction, and durability.
STATE, PRIVATE, AND TRIBAL FORESTRY
The bill provides $303,306,000 for State, Private, and
Tribal Forestry. The detailed allocation of funding by
activity is included in
[[Page S1686]]
the table accompanying this explanatory statement. All
funding for specific programs, directives, or congressionally
directed spending identified herein is in addition to funds
otherwise provided to States and regions through the formula
and competitive grant process and therefore is not to be
factored into those allocations.
Forest Ecosystem Monitoring Cooperative.--Within the funds
provided, $1,000,000 is for the Forest Ecosystem Monitoring
Cooperative consistent with the directives contained in
Senate Report 118-83.
Forest Resource Information and Analysis.--The bill
provides $19,806,000 for congressionally directed spending in
this program. A detailed list of projects is included in the
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items'' table
accompanying this explanatory statement.
Sudden Oak Death.-- The Committees expect the Service to
continue these efforts and provides $2,000,000 for Sudden Oak
Death treatments and partnerships with States and private
landowners.
NATIONAL FOREST SYSTEM
The bill provides $1,863,557,000 for the National Forest
System. The detailed allocation of funding by activity is
included in the table accompanying this explanatory
statement.
Recreation, Heritage, and Wilderness.--Within the funds
provided, $1,000,000 is included to continue implementation
of the Native American Tourism and Improving Visitor
Experience [NATIVE] Act (Public Law 114-221); $3,000,000 is
included to support infrastructure and trails development and
to build the capacity of local user groups and partnership
organizations for all National Recreation Areas administered
by the Forest Service and established after 1997; and
$750,000 is for the maintenance of rural air strips.
Fuels Management.--The bill provides $175,450,000 for fuels
management activities and does not transfer the program to
Wildland Fire Management, as proposed in the budget. Of the
funds made available for fuels management, $15,000,000 is for
the Community Wood Energy Program; $30,000,000 is for Wood
Innovation Grants; and $6,600,000 is provided for the
Southwest Ecological Restoration Institutes.
Gila National Forest.--The Committees encourage the Forest
Service to engage local stakeholders such as ranchers and
farmers during the planning stage prior to carrying out
species management actions.
Public Access.--In lieu of House direction, the Forest
Service shall report to the Committees, within 180 days of
enactment of this Act, all trail and road closures in the
Cleveland National Forest and when available, cite reasoning
for closures and restrictions such as, but not limited to,
seasonal closures for weather or wildlife habitat, for timber
harvest or prescribed fire operations, ongoing resource
damage, or public health and safety concerns.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $156,130,000 for Capital Improvement and
Maintenance programs.
Trails.--The bill includes $20,000,000 for Trails. Of the
funds provided, no less than the enacted level is provided
for trail operation, maintenance and construction on National
Scenic and Historic Trails.
Construction Projects.--The bill provides $5,130,000 for
congressionally directed spending in this program. A detailed
list of projects is included in the ``Interior and
Environment Incorporation of Community Project Funding Items/
Congressionally Directed Spending Items'' table accompanying
this explanatory statement.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $664,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $1,719,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $1,099,000 for the Management of National
Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $2,312,654,000 for Forest Service
Wildland Fire Management, including amounts to continue
uninterrupted the Federal wildland firefighter base salary
increases provided under section 40803(d)(4)(B) of Public Law
117-58 and maintain current firefighting capacity. The
detailed allocation of funding by activity is included in the
table accompanying this explanatory statement.
Firefighting Technologies.--The Committees direct the
Forest Service to update its procedures and deployment
protocols and to consider including Container Aerial Fire
Fighting Systems as well as other innovative wildfire
technologies now available in the United States.
Wildland Fire Suppression Operations.--The Committees
direct the Forest Service to continue to perform a post-fire
season audit of the fire suppression program and timely
completion of the Annual Report and Large Fire Review.
WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
The bill includes $2,300,000,000 for the Wildfire
Suppression Operations Reserve Fund.
Department of Health and Human Services
InDIAN HEALTH SERVICE
InDIAN HEALTH SERVICES
The bill provides a total of $4,948,731,000 for the Indian
Health Service (IHS) Services account for fiscal year 2024,
which includes $56,061,000 to remain available until
September 30, 2025, to provide for staffing of new facilities
and $74,138,000 to remain available until September 30, 2025,
for the Indian Health Care Improvement Fund and $190,564,000,
to remain available until expended, for the Electronic Health
Record System. The agreement also provides $4,684,029,000 in
advance appropriations for the Services account for fiscal
year 2025 with the exception of funding for Electronic Health
Records and the Indian Health Care Improvement Fund, which
continue to receive an annual appropriation. All programs,
projects, and activities are maintained at fiscal year 2023
enacted levels unless otherwise specified below. The Service
is expected to comply with the instructions and requirements
at the beginning of this division and in House Report 118-155
and Senate Report 118-83, unless otherwise specified below.
Language contained in the explanatory statement accompanying
the Consolidated Appropriations Act, 2022 (Public Law 117-
103) regarding market-specific pay scales, limitations on
incentives, tracking improvements to patient health, use of
accreditation emergency funds, joint venture solicitations,
and interoperability and compatibility of the new electronic
health record system with the Department of Veterans Affairs
system is restated. First aid kit enhancements, as well as
language contained in the Public Law 116-260, Consolidated
Appropriations Act 2021, regarding the dental health
therapist training program, is also restated. Additional
details, instructions, and requirements follow below and in
the table at the end of this division.
Advance Appropriations.--The agreement provides advance
appropriations for the Indian Health Services and Indian
Health Facilities accounts totaling $5,190,883,000 for fiscal
year 2025. Advanced appropriations are not provided for the
Electronic Health Record System, Indian Health Care
Improvement Fund, Contract Support Costs, Payments for Tribal
Leases, Sanitation Facilities Construction, and Health Care
Facilities Construction. Additional details, instructions,
and requirements follow in the table at the end of this
division.
Staffing for New Facilities.--The agreement includes
$56,061,000 for staffing newly opened health facilities,
which is the full amount required in fiscal year 2024 based
upon updated estimates provided to the Committees. Funds for
staffing of new facilities are limited to facilities funded
through the Health Care Facilities Construction Priority
System or the Joint Venture Construction Program that have
opened in fiscal year 2023 or will open in fiscal year 2024.
None of these funds may be allocated to a facility until such
facility has achieved beneficial occupancy status. As initial
estimates included as part of the annual budget request are
refined, IHS is expected to communicate updated cost
estimates to the Committees.
Hospitals and Health Clinics.--The agreement provides
$2,550,514,000 for Hospitals and Health Clinics, which
maintains funding at fiscal year 2023 enacted levels for
Alzheimer's activities and the Produce Prescription Pilot
program. The agreement also continues funding at the fiscal
year 2023 enacted levels for the Tribal Epidemiology Center
Program, domestic violence prevention program, village-built
clinics, maternal health, accreditation emergencies, health
information technology, healthy lifestyles in youth project,
and the National Indian Health Board cooperative agreement.
Electronic Health Records.--The agreement provides
$190,564,000 for Electronic Health Records (EHR) to remain
available until expended. The Committees expect the Service
to provide detailed quarterly progress updates on the
obligation and expenditure of these funds as well as status
updates on progress of the Service's modernization efforts.
Mental Health.--The bill provides $129,765,000 for Mental
Health, which continues funding at fiscal year 2023 enacted
levels for the behavioral health integration initiative, for
suicide prevention, and for the Telebehavioral Health Center
of Excellence. The Director of IHS, in coordination with the
Assistant Secretary for Mental Health and Substance Abuse,
shall award grants for providing services, provide technical
assistance to grantees under this section, and evaluate the
performance of the program.
Alcohol and Substance Abuse.--The bill provides
$266,636,000 for the Alcohol and Substance Abuse Programs,
which includes support to existing programs, including, among
others, culturally adapted treatments for substance abuse
disorders as outlined in House Report 118-155, and the
Special Behavioral Health Pilot Program that addresses
[[Page S1687]]
behavioral health challenges in Indian Country. In addition,
the agreement continues the Generation Indigenous, Youth
Pilot project, and essential detoxification services, which
shall be distributed as directed in Senate Report 116-123.
Purchased/Referred Care.--The agreement provides
$996,755,000 for the Purchased/Referred Care program.
Urban Indian Health.--The agreement provides $90,419,000
for the Urban Indian health program.
Indian Health Professions.--The agreement provides
$80,568,000 for Indian health professions, which includes
enacted levels for the loan repayment program as well as the
InMed program, the Quentin N. Burdick Indians into Nursing,
and the American Indians into Psychology Programs.
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2023 providing
an indefinite appropriation to fully fund contract support
costs, which are estimated to be $1,051,000,000 in fiscal
year 2024. The bill does not include the budget proposal to
make these costs mandatory.
PAYMENTS FOR TRIBAL LEASES
The bill continues language from fiscal year 2023 providing
an indefinite appropriation to fully fund payments for Tribal
leases, which are estimated to be $149,000,000 in fiscal year
2024. The bill does not include the budget proposal to make
these costs mandatory.
InDIAN HEALTH FACILITIES
The bill provides $813,183,000 for Indian Health
Facilities. The recommendation provides $506,854,000 in
advance appropriations for this account for fiscal year 2025
with the exception of funding for Sanitation Facilities
Construction and Health Care Facilities Construction for
which $306,329,000 is provided as an annual appropriation in
recognition of the project-based nature of those accounts.
IHS is expected to comply with the instructions and
requirements at the beginning of this division and in House
Report 118-155 and Senate Report 118-83, unless otherwise
specified below. Language contained in explanatory statement
accompanying Public Law 116-6 regarding health impacts of
inadequate sanitation, Mt. Edgecombe, and Alaska facility
assessments is restated.
Staffing for New Facilities.--The agreement provides
$5,364,000 for staffing newly opened health facilities, which
is the full amount based upon updated estimates provided to
the Committees. Funds for staffing of new facilities are
limited to facilities funded through the Health Care
Facilities Construction Priority System or Joint Venture
Construction Program that have opened in fiscal year 2023 or
will open in fiscal year 2024. Further, the stipulations
included in the ``Indian Health Services'' account regarding
the allocation of funds pertain to this account as well.
Sanitation Facilities Construction.--The agreement provides
$123,650,000 for sanitation facilities construction. The
agreement also includes $17,023,000 for congressionally
directed spending (CDS) projects as shown on the table titled
``Interior and Environment Incorporation of Community Project
Funding Items/Congressionally Directed Spending Items''
accompanying this explanatory statement. Further, the
Committees expect IHS to include an updated five-year spend
plan in fiscal year 2024 for any funds requested.
Health Care Facilities Construction.--The agreement
provides $182,679,000 for health care facilities
construction. The agreement directs the Service to report to
the Committees within 90 days of enactment of this Act on how
these funds will be distributed as well as the estimated
number of quarters and associated costs for new staff
quarters at existing health facilities.
Facilities and Environmental Health.--The agreement
provides $303,661,000 for this program, which maintains
$3,000,000 for preliminary engineering reports and $3,000,000
to provide technical assistance, training, and guidance to
sanitation operators, families, and communities regarding the
operation and maintenance of water supply and sewage disposal
facilities as outlined in a reprogramming request by the
Service.
Equipment.--The agreement provides $32,598,000 for
equipment, which continues $500,000 for TRANSAM and maintains
the enacted levels for emergency generators, as directed in
House Report 118-155.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The agreement provides $79,714,000 for the National
Institute of Environmental Health Sciences. The Committees
continue the $2,000,000 provided in fiscal year 2023 to
further the Institute's work on PFAS and other contaminants
of emerging concern. Further, of the funds provided, not less
than $1,750,000 shall be to support risk reduction for Native
Americans to hazardous metals mixtures from abandoned uranium
mine waste.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The agreement provides $81,619,000. The Committees continue
the $2,000,000 provided in fiscal year 2023 to further the
Agency's work on PFAS and other contaminants of emerging
concern.
The agreement continues funding as specified in Senate
Report 118-83.
Other Related Agencies
Executive Office of the President
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The agreement provides $4,629,000 for the Council on
Environmental Quality and Office of Environmental Quality.
The agreement does not include the directive contained in
Senate Report 118-83.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
The bill provides $14,400,000 for the Chemical Safety and
Hazard Investigation Board.
Office of Navajo and Hopi Indian Relocation
SALARIES AND EXPENSES
The bill does not provide new appropriations for fiscal
year 2024; however, a total of $5,024,000 is made available
from unobligated balances for fiscal year 2024 operations.
Institute of American Indian and Alaska Native Culture and Arts
Development
PAYMENT TO THE INSTITUTE
The bill provides $13,482,000 for academic programs of the
Institute of American Indian Arts.
Smithsonian Institution
SALARIES AND EXPENSES
The agreement provides a total of $1,090,500,000 for all
Smithsonian Institution accounts, of which $892,855,000 is
provided for salaries and expenses. A detailed allocation of
funding is included in the table at the end of this
explanatory statement.
Repressed Cultures Preservation.--The Committees include
only the following language. Global conflicts and repressive
regimes continue to threaten cultural and linguistic heritage
across the world. The Committees appreciate the ongoing and
longstanding in-person and digital efforts the Smithsonian
has made to preserve aspects of threatened cultures that,
once lost, cannot be restored.
Repatriation of Human Remains.--The Smithsonian has one of
the largest research collections worldwide, including one of
the world's largest collections of human remains. Amassed
during the 19th and early 20th centuries, most of the remains
of approximately 30,000 individuals, half of whom are
Indigenous people, were acquired without the consent of the
deceased or their family members. The Committees direct the
Smithsonian to act with urgency in correcting these past
injustices by prioritizing repatriation activities and
expeditiously implementing the policy recommendations in the
January 10, 2024, Smithsonian's Human Remains Task Force
Report.
FACILITIES CAPITAL
The agreement provides $197,645,000 for Facilities Capital.
National Gallery of Art
SALARIES AND EXPENSES
The bill provides $174,760,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,875,000 is for the special exhibition program.
The distribution of funds among the Gallery's various
activities is included in the table at the end of this
explanatory statement.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $34,480,000 for the Repair, Restoration
and Renovation of Buildings account and includes funds for
the design and construction of an off-site art storage
facility in partnership with the Smithsonian Institution.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
The bill provides $32,293,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $12,633,000 for the Capital Repair and
Restoration account.
Woodrow Wilson International Center for Scholars
SALARIES AND EXPENSES
The bill provides $15,000,000 for the Woodrow Wilson
International Center for Scholars to continue the Federal
commitment and support operations.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
GRANTS AND ADMINISTRATION
The bill provides $207,000,000 for the National Endowment
for the Arts (NEA) to continue the important work of the
Endowment. A detailed breakdown of the funding allocation is
included in the table at the end of this explanatory
statement.
National Endowment for the Humanities
GRANTS AND ADMINISTRATION
The bill provides $207,000,000 for the National Endowment
for the Humanities (NEH) to continue the important work of
the Endowment. A detailed breakdown of the funding allocation
is included in the table at the end of this explanatory
statement.
Commission of Fine Arts
SALARIES AND EXPENSES
The bill provides $3,661,000 for the Commission of Fine
Arts.
National Capital Arts and Cultural Affairs
The bill provides $5,000,000 for the National Capital Arts
and Cultural Affairs program.
[[Page S1688]]
The agreement provides bill language regarding eligibility
for grants.
Advisory Council on Historic Preservation
SALARIES AND EXPENSES
The bill provides $8,585,000 for the Advisory Council on
Historic Preservation.
National Capital Planning Commission
SALARIES AND EXPENSES
The bill provides $8,750,000 for the National Capital
Planning Commission, including funding for lease costs.
United States Holocaust Memorial Museum
HOLOCAUST MEMORIAL MUSEUM
The bill provides $65,231,000 for the United States
Holocaust Memorial Museum. The Committees continue funding
for implementation of the Never Again Education Act (Public
Law 116-141) in order to support and strengthen Holocaust
education programs.
Presidio Trust
The bill provides $90,000,000 in loan authority for the
Presidio Trust.
World War I Centennial Commission
SALARIES AND EXPENSES
A general provision is included in the bill continuing the
authority for the Commission to accept money, in-kind
services, and other types of support. The Committees
understand that no additional funds are necessary to support
the final World War I Centennial Commission activities, and
additional funds are therefore not provided.
United States Semiquincentennial Commission
SALARIES AND EXPENSES
The bill provides $15,000,000 for the United States
Semiquincentennial Commission.
TITLE IV--GENERAL PROVISIONS
(including transfers and rescissions of funds)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2024.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision which prohibits no-bid
contracts.
Section 411 continues a provision which requires public
disclosure of certain reports.
Section 412 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 413 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 414 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
Section 415 extends certain authorities allowing the Forest
Service to renew grazing permits.
Section 416 prohibits the use of funds to maintain or
establish a computer network unless such network is designed
to block access to pornography websites.
Section 417 addresses the humane transfer and treatment of
excess wild horses and burros.
Section 418 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 419 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 420 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 421 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 422 incorporates Reprogramming Guidelines into the
Act.
Section 423 continues a provision authorizing the Secretary
of the Interior and the Secretary of Agriculture to consider
local contractors when awarding contracts for certain
activities on public lands.
Section 424 extends the authority for the Shasta-Trinity
Marina fee for one year.
Section 425 extends the authority for the Interpretive
Association for one year.
Section 426 extends the authority for Forest Botanical
Products fee collection for one year.
Section 427 includes certain limitations on oil and gas
development near Chaco Culture National Historical Park.
Section 428 requires 105(l) Tribal lease payments to begin
no earlier than the date the lease proposal is submitted and
for the Federal agencies to consult with Tribes on lease
requirements.
Section 429 extends the authority for the Forest Ecosystem
Health and Recovery Fund by one year.
Section 430 requires the allocation of funds from the
National Parks and Public Land Legacy Restoration Fund and
Land and Water Conservation Fund.
Section 431 addresses carbon emissions from forest biomass.
Section 432 addresses the use of small remote incinerators
in the State of Alaska.
Section 433 addresses timber sales involving Alaska western
red and yellow cedar.
Section 434 provides transfer authority to the Federal
Highway Administration for the National Parks and Public Land
Legacy Restoration Fund.
Section 435 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 436 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 437 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 438 provides for wildland firefighter pay cap
waiver.
Section 439 provides a technical correction to a fiscal
year 2023 project.
Section 440 extends authorization for Alaska Native
regional health entities.
Section 441 requires the Secretary of the Interior, acting
through the Bureau of Land Management, to have analyzed, in
consultation with local elected officials and stakeholders,
action alternatives designed to reduce impacts prior to
expending any funds to grant, issue, or renew a right-of-way
for the Lava Ridge Wind Project.
Section 442 requires the Bureau of Land Management to
prioritize completion of a validity determination for any
mining claims located within the area covered by Public Land
Order 7921.
Section 443 extends the existing authority for good
neighbor authorities for 1 year and extends the authority to
the National Park Service and the Fish and Wildlife Service.
Section 444 establishes a nonrecurring expenses fund for
the Forest Service.
Section 445 continues authorities for the World War I
Centennial Commission to accept support from other Federal
agencies.
Section 446 rescinds $94,000,000 from fiscal year 2020 and
prior discretionary balances, including $89,000,000 from the
National Park Service, Land Acquisition and State Assistance
program, and $5,000,000 from the Bureau of Land Management,
Land Acquisition program.
Section 447 rescinds $350,000,000 from the Indian Health
Service from section 11001 of Public Law 117-2.
Section 448 rescinds $90,000,000 from fiscal year 2023 and
prior year balances from the Indian Health Service, Indian
Health Services account, for costs related to or resulting
from accreditation emergencies.
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2024
----------------------------------------------------------------------------------------------------------------
State(s) Station or Unit Name Project Funding Amount
----------------------------------------------------------------------------------------------------------------
Bureau of Land Management
----------------------------------------------------------------------------------------------------------------
AK................................. Anchorage District......... Campbell Creek Science 2,100,000
Center Access Repairs--
Phase II.
AK................................. Anchorage District......... Glennallen Warehouse 2,200,000
Consolidation--Phase II.
AZ................................. Gila District.............. Haekel Road Rehabilitation 3,500,000
Chip Seal--Phases IV, V,
and VI.
CA................................. Northern California California Combined 5,000,000
District, Central Recreation Repair and
California District, and Maintenance.
California Desert District.
CO................................. Northwest District......... Little Snake Fire 5,610,000
Operations Building
Replacement and Upgrades.
ID................................. National Interagency Fire 415-Duane Graves Building 7,000,000
Center. Replacement.
ID................................. Twin Falls District........ Shoshone Field Office 7,200,000
Replacement.
MT................................. Eastern Montana/Dakotas Montana FY 2024 Recreation, 6,000,000
District, North Central Roads, and Dams Repair
District, Western Montana Project.
District.
NM................................. Farmington District........ Taos Field Office 7,330,000
Recreation Sites.
[[Page S1689]]
OR................................. Northwest Oregon District.. Northwest Oregon District 11,000,000
Wildfire Damaged
Recreation Site Repairs.
OR................................. Northwest Oregon District.. Northwest Oregon District 3,200,000
Recreation Site
Improvements.
OR, WA............................. Coos Bay, Lakeview, Oregon and Washington 9,700,000
Northwest Oregon, Recreational Facilities.
Prineville, Roseburg,
Spokane and Vale Districts.
UT................................. Color Country District..... Color Country 7,000,000
Administration Facility
Replacements and Repairs.
WY................................. High Desert District and Wyoming Safety of Dams 4,000,000
Wind River/Bighorn Basin Repairs and Maintenance--
District. Phase III.
WY................................. High Desert District....... Rawlins Barracks 5,600,000
Replacement.
Subtotal, Bureau of Land ........................... 86,440,000
Management Projects.
Contingency Fund........... ........................... 9,343,678
Program Administration ........................... 2,850,000
(Indirect Costs).
2023 Previously Sequestered ........................... 5,415,000
Budget Authority.
2024 Sequester............. ........................... -5,415,000
TOTAL, Bureau of Land ........................... 98,633,678
Management.
----------------------------------------------------------------------------------------------------------------
U.S. Fish and Wildlife Service
----------------------------------------------------------------------------------------------------------------
AK................................. Alaska Peninsula/Bechar of Replacement & 7,000,000
NWR. Rehabilitation of Refuge
Buildings.
CA................................. Sacramento NWR Complex..... Repair Water Management 8,400,000
Capabilities &
Infrastructure--Phase I.
CO................................. San Luis Valley NWR Complex Rehabilitation of Water 15,400,000
Management Infrastructure
& Bunkhouse Replacement.
FL................................. Crystal River NWR.......... Replacement of the Three 8,060,000
Sisters Spring Bulkhead &
Boardwalk.
KS................................. Quivira NWR................ Rehabilitation of the Great 11,450,000
Plains Nature Center &
Deferred Maintenance
Retirement at Quivira NWR.
MN................................. Sherburne NWR.............. Replacement of the 3,720,000
Headquarters & Visitor
Center Building.
MO................................. Swan Lake NWR.............. Replacement of Office & 8,607,000
Retirement of Deferred
Maintenance Backlog.
NJ................................. Great Swamp NWR............ Replacement of the Great 3,600,000
Swamp & Great Meadows
Headquarters Buildings.
OK................................. Wichita Mountains WR....... Consolidate and Modernize 2,961,000
Public Use Facilities and
Improve Recreational
Access--Phase III.
WA................................. Ridgefield NWR............. Replace River S Pump and 5,500,000
Infrastructure.
Multiple........................... National Wildlife Refuges.. National Maintenance Action 8,000,000
Team--Year 4.
Multiple........................... National Wildlife Refuges.. Salary Funding for 2,000,000
Supplemental Conservation
Workforce--Year 3.
Subtotal, U.S. Fish and ........................... 84,698,000
Wildlife Service Projects.
Contingency Fund........... ........................... 11,085,678
Program Administration ........................... 2,850,000
(Indirect Costs).
2023 Previously Sequestered ........................... 5,415,000
Budget Authority.
2024 Sequester............. ........................... -5,415,000
TOTAL, U.S. Fish and ........................... 98,633,678
Wildlife Service.
----------------------------------------------------------------------------------------------------------------
National Park Service
----------------------------------------------------------------------------------------------------------------
AK................................. Katmai National Park & Replace Water Filtration 7,938,000
Preserve. System at King Salmon.
AZ................................. Grand Canyon National Park. Rehabilitate the North Rim 180,642,000
and Roaring Springs
Utility Systems.
CA................................. Death Valley National Park. Rehabilitate Water and 62,533,000
Wastewater Systems at
Furnace Creek and Cow
Creek.
CA................................. Yosemite National Park..... Rehabilitate El Portal 179,661,000
Wastewater Treatment
Facility and
Administrative Camp.
CA................................. Sequoia and Kings Canyon Rehabilitate Water Utility 35,344,000
National Parks. Infrastructure and Upgrade
Access to Campgrounds.
CA................................. Sequoia and Kings Canyon Rehabilitate Grant Grove 21,590,000
National Parks. Historic Cabins and Shower
House and Lodgepole Market.
CO................................. Curecanti National Replace Water and 13,055,000
Recreation Area. Wastewater Systems at Elk
Creek and Lake Fork.
CO................................. Great Sand Dunes National Rehabilitate Park Housing.. 12,027,000
Park & Preserve.
DC................................. National Mall and Memorial Rehabilitate Seawalls and 38,634,000
Parks. Shoreline Landscape--Phase
II.
DC................................. National Capital Parks-East Rehabilitate Urban 11,800,000
Recreation Areas.
HI................................. Hawaii Volcanoes National Rehabilitate or Replace 33,599,000
Park. Water Treatment System.
MA................................. Boston National Historical Rehabilitate Building 107 59,392,000
Park. and Demolish Hoosac Stores
Warehouse Building--Phase
II.
MD................................. Hampton National Historic Preserve Historic 15,375,000
Site. Structures.
MI................................. Sleeping Bear Dunes Rehabilitate Facilities on 31,860,000
National Lakeshore. Manitou Islands.
MN................................. Voyageurs National Park.... Replace Power Distribution 13,856,000
Line Connecting Kettle
Falls Hotel.
MO................................. Gateway Arch National Park. Preserve Features and 17,110,000
Systems of the Old
Courthouse.
NH................................. Saint-Gaudens National Replace Electrical, HVAC, 14,434,000
Historical Park. and Alarm Systems, and
Rehabilitate Four Historic
Structures.
NY................................. Gateway National Recreation Rehabilitate Hangars 3 and 25,625,000
Area. 4 at Floyd Bennett Field.
OK................................. Chickasaw National Address Critical Repairs in 38,564,000
Recreation Area. the Platt and Buckhorn
Developed Areas.
PR................................. San Juan National Historic Repair Historic Walls of 41,662,000
Site. Park Fortifications.
SC................................. Fort Sumter and Fort Repair or Replace Docks at 38,409,000
Moultrie National Fort Moultrie and Liberty
Historical Park. Square.
UT................................. Bryce Canyon National Park. Rehabilitate the Main Water 15,326,000
System.
VI................................. Virgin Islands National Replace Water and 21,300,000
Park. Wastewater Systems at
Cinnamon and Trunk Bays.
WI................................. Apostle Islands National Rehabilitate Waterfront at 17,200,000
Lakeshore. Little Sand Bay and Devils
Island, and Reconstruct
Boathouse.
WV................................. New River Gorge National Remove Excess Structures 36,169,000
Park and Preserve. and Abandoned Buildings--
Phase II, and Address
Deficient Utilities,
Historic Structures, and
Visitor Facilities.
Multiple........................... Maintenance Action Teams at Maintenance Action Teams... 25,000,000
Multiple Parks.
Subtotal, National Park ........................... 1,008,105,000
Service Projects.
Contingency Fund........... ........................... 172,816,491
FY25+ Project Planning & ........................... 145,000,000
Compliance.
Program Administration ........................... 19,950,000
(Indirect Costs).
Project Management......... ........................... 35,000,000
2023 Previously Sequestered ........................... 75,810,000
Budget Authority.
2024 Sequester............. ........................... -75,810,000
TOTAL, National Park ........................... 1,380,871,491
Service.
----------------------------------------------------------------------------------------------------------------
Bureau of Indian Education
----------------------------------------------------------------------------------------------------------------
AZ................................. Navajo Region.............. Many Farms High School..... 95,783,678
Subtotal, Bureau of Indian ........................... 95,783,678
Education Projects.
Program Administration ........................... 2,850,000
(Indirect Costs).
2023 Previously Sequestered ........................... 5,415,000
Budget Authority.
2024 Sequester............. ........................... -5,415,000
TOTAL, Bureau of Indian ........................... 98,633,678
Education.
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service
----------------------------------------------------------------------------------------------------------------
WI, PR, PA, MT, NC................. R&D Facilities Research and ........................... 1,175,000
Development Deferred
Maintenance.
MT................................. Aerial Fire Depot.......... Missoula Smokejumper 1,150,000
Visitor Center Renovation.
MT................................. Beaverhead-Deerlodge Beaverhead-Deerlodge 710,000
National Forest. National Forest Deferred
Maintenance.
MT, SD............................. Custer Gallatin National Custer Gallatin National 4,640,000
Forest. Forest Deferred
Maintenance.
ND................................. Dakota Prairie Grasslands.. National North Country 130,000
Scenic Trail Deferred
Maintenance.
ID, MT............................. Flathead National Forest... Flathead National Forest 2,857,000
Deferred Maintenance.
MT................................. Helena-Lewis and Clark Helena-Lewis and Clark 4,900,000
National Forest. National Forest Deferred
Maintenance.
ID................................. Idaho Panhandle National Idaho Panhandle National 4,975,000
Forests. Forests Deferred
Maintenance.
MT................................. Kootenai National Forest... Kootenai National Forest 4,186,000
Deferred Maintenance.
MT................................. Lolo National Forest....... Seeley Lake Bunkhouse 515,000
Deferred Maintenance.
ID, MT............................. Nez Perce-Clearwater Nez Perce-Clearwater 2,780,000
National Forest. National Forest Deferred
Maintenance.
CO................................. Arapahoe-Roosevelt National Arapahoe-Roosevelt National 4,889,000
Forest. Forest Deferred
Maintenance.
WY................................. Bighorn National Forest.... Bighorn National Forest 1,900,000
Deferred Maintenance.
SD................................. Black Hills National Forest Black Hills National Forest 1,056,000
Deferred Maintenance.
CO................................. Grand Mesa, Uncompahgre, Grand Mesa, Uncompahgre, 3,402,000
and Gunnison National and Gunnison National
Forests. Forests Deferred
Maintenance.
CO,WY.............................. Medicine Bow-Routt National Medicine Bow-Routt National 2,882,000
Forest. Forest Deferred
Maintenance.
NE................................. Nebraska National Forest... Nebraska National Forest 590,000
Deferred Maintenance.
CO, KS............................. Pike San Isabel National Pike San Isabel National 2,522,000
Forest and Cimarron and Forest and Cimarron and
Comanche National Comanche National
Grasslands. Grasslands Deferred
Maintenance.
CO, NM............................. Rocky Mountain Region...... Colorado Fourteeners Trail 661,000
Deferred Maintenance.
CO................................. San Juan National Forest... San Juan National Forest 1,257,000
Deferred Maintenance.
WY................................. Shoshone National Forest... Shoshone National Forest 2,153,000
Deferred Maintenance.
CO................................. White River National Forest White River National Forest 6,256,000
Deferred Maintenance.
AZ................................. Apache-Sitgreaves National Apache-Sitgreaves National 2,110,000
Forest. Forest Deferred
Maintenance.
NM................................. Carson National Forest..... Hopewell Lake Day Use And 1,090,000
Campground Renovations &
Improvements.
AZ................................. Coconino National Forest... Coconino National Forest 3,145,000
Deferred Maintenance.
AZ................................. Coronado National Forest... Coronado National Forest 3,625,000
Deferred Maintenance.
NM................................. Gila National Forest....... Gila National Forest 1,100,000
Deferred Maintenance.
[[Page S1690]]
NM................................. Lincoln National Forest.... Cedar Creek Trail Access 50,000
Capital Improvement.
AZ................................. Prescott National Forest... Prescott Trails Maintenance 450,000
NM................................. Santa Fe National Forest... Santa Fe National Forest 4,170,000
Deferred Maintenance.
AZ, NM............................. Southwestern Region........ Southwestern Region 1,131,000
Deferred Maintenance.
UT................................. Ashley National Forest..... Uinta Guard Station 100,000
Rehabilitation.
ID................................. Boise National Forest...... Boise National Forest 3,446,000
Deferred Maintenance.
WY................................. Bridger-Teton National Upper Green River Corridor 850,000
Forest. Road Improvement Phase One.
UT................................. Dixie National Forest...... Escalante Ranger District 520,000
Housing.
UT................................. Fishlake National Forest... Fishlake National Forest 3,989,000
Deferred Maintenance.
CA, NV............................. Humboldt-Toiyabe National Humboldt-Toiyabe National 4,015,000
Forest. Forest Deferred
Maintenance.
CO, UT............................. Manti-La Sal National Manti-La Sal National 115,000
Forest. Forest Road and Trail
Signage.
ID................................. Payette National Forest.... Payette National Forest 3,000,000
Deferred Maintenance.
ID................................. Salmon-Challis National Boundary-Dagger Road Repair 1,800,000
Forest.
UT................................. Uinta-Wasatch-Cache Uinta-Wasatch-Cache 8,372,000
National Forest. National Forest Deferred
Maintenance.
CA................................. Angeles National Forest.... Angeles National Forest 2,275,000
Deferred Maintenance.
CA................................. Cleveland National Forest.. Cleveland National Forest 4,440,000
Deferred Maintenance.
CA................................. Eldorado National Forest... Eldorado National Forest 745,000
Deferred Maintenance.
CA................................. Inyo National Forest....... Inyo National Forest 1,602,000
Deferred Maintenance.
CA, OR............................. Klamath National Forest.... Forest-Wide Interpretive 25,000
Signs and Trail Markers.
CA................................. Lake Tahoe Basin Management Lake Tahoe Basin Management 3,160,000
Unit. Unit Deferred Maintenance.
CA................................. Lassen National Forest..... Forest Wide Toilet 510,000
Replacement.
CA................................. Modoc National Forest...... Modoc National Forest 4,250,000
Deferred Maintenance.
CA................................. Pacific Southwest Region... Pacific Southwest Region 3,105,000
Deferred Maintenance.
CA................................. Plumas National Forest..... Fire Detection and 200,000
Recreation Lookout
Deferred Maintenance
Upgrades.
CA................................. San Bernardino National San Bernardino National 430,000
Forest. Forest Deferred
Maintenance.
CA................................. Sequoia National Forest.... Southern Sierra Campground 100,000
and Day Use Site Toilet
Replacement and
Accessibility Upgrades.
CA................................. Shasta Trinity National Harrison Gulch Barracks and 3,200,000
Forest. Water System Deferred
Maintenance.
CA................................. Sierra National Forest..... Sierra Vista Scenic Byway 4,400,000
Rehabilitation Project.
CA................................. Six Rivers National Forest. Six Rivers National Forest 1,850,000
Deferred Maintenance.
CA................................. Stanislaus National Forest. Barracks Repairs and 1,192,000
Retrofitting.
CA................................. Tahoe National Forest...... Tahoe National Forest 4,132,000
Deferred Maintenance.
OR, WA............................. Columbia River Gorge Columbia River Gorge 3,025,000
National Scenic Area. National Scenic Area
Deferred Maintenance.
WA................................. Colville National Forest... Colville National Forest 990,000
Deferred Maintenance.
OR................................. Deschutes National Forest.. Forest-Wide Trail Bridge 4,000
Reconstruction.
OR................................. Fremont Winema National Aspen Point Campground and 2,700,000
Forest. Restroom Replacements.
WA................................. Gifford Pinchot National Gifford Pinchot National 6,218,000
Forest. Forest Deferred
Maintenance.
WA................................. Mt. Baker-Snoqualmie Mt. Baker-Snoqualmie 2,077,000
National Forest. National Forest Deferred
Maintenance.
OR................................. Mt. Hood National Forest... Zigzag Housing Improvement. 2,400,000
WA................................. Okanogan Wenatchee National Selkirks To Surf: North 925,000
Forest. Cascades Recreation Scenic
Corridor.
OR, WA, ID......................... Pacific Northwest Region... Pacific Northwest Region 5,350,000
Deferred Maintenance.
OR................................. Umpqua National Forest..... South Umpqua Transportation 2,000,000
Remediation and Watershed
Improvement To Aid In
Critical Access and
Aquatic Organism Passage.
OR................................. Wallowa Whitman National Scenic Byway Road Pavement 1,720,000
Forest. Maintenance and Chip Seal.
OR................................. Willamette National Forest. Trail Bridge Replacement 30,000
Project.
SC................................. Francis Marion-Sumter Francis Marion-Sumter 8,250,000
National Forest. National Forest Deferred
Maintenance.
VA................................. George Washington and George Washington and 6,800,000
Jefferson National Forests. Jefferson National Forests
Deferred Maintenance.
KY, TN............................. Land Between the Lakes..... Brandon Spring Housing 210,000
Replacement.
FL................................. National Forests in Florida Osceola Administrative 6,950,000
Office.
AR................................. Ozark-St. Francis National Ozark-St. Francis National 3,050,000
Forest. Forest Deferred
Maintenance.
PA................................. Allegheny National Forest.. Allegheny National Forest 11,700,000
Deferred Maintenance.
WI................................. Chequamegon-Nicolet Chequamegon-Nicolet 1,460,000
National Forest. National Forest Deferred
Maintenance.
MN................................. Chippewa National Forest... Chippewa National Forest 845,000
Deferred Maintenance.
VT................................. Green Mountain and Finger Green Mountain and Finger 965,000
Lakes National Forests. Lakes National Forests
Deferred Maintenance.
MI................................. Hiawatha National Forest... Hiawatha National Forest 1,815,000
Deferred Maintenance.
IN................................. Hoosier National Forest.... Hardin Ridge Shower-Bath- 750,000
Campground Improvement.
MI................................. Huron Manistee National Pere Marquette Wild and 425,000
Forest. Scenic River Green Cottage
Access Improvements.
WV................................. Monongahela National Forest Holcomb Bridge Replacement. 685,000
MI................................. Ottawa National Forest..... Nesbit Road Rehabilitation. 520,000
IL................................. Shawnee National Forest.... Lake Glendale Phased 960,000
Rehabilitation Project.
NH................................. White Mountain National White Mountain National 355,000
Forest. Forest Deferred
Maintenance.
AK................................. Chugach National Forest.... Chugach National Forest 2,400,000
Deferred Maintenance.
AK................................. Tongass National Forest.... Tongass National Forest 23,451,000
Deferred Maintenance.
Subtotal, U.S. Forest ........................... 233,310,000
Service Projects.
Administrative Funds....... ........................... 21,000,000
Contingency Fund........... ........................... 41,620,949
2023 Previously Sequestered ........................... 16,245,000
Budget Authority.
2024 Sequester............. ........................... (16,245,000)
TOTAL, U.S. Forest Service. ........................... 295,930,949
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2023 REVISIONS
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
U.S. Fish and Wildlife Service
----------------------------------------------------------------------------------------------------------------
CA................................. Tule Lake NWR.............. Consolidate and Modernize 1,280,000
Public Use Facilities,
Improve Waterfowl Hunting
Areas and Improve
Recreational Access
(rescoped, FY21 funded
project).
WV................................. Ohio River Islands National Rehabilitation of the 0
Wildlife Refuge. Multipurpose Headquarters
Building (removal).
Contingency Fund........... 3,693,685
----------------------------------------------------------------------------------------------------------------
National Park Service
----------------------------------------------------------------------------------------------------------------
CA................................. Golden Gate National Stabilize Alcatraz Wharf 1,186,279
Recreation Area. (rescoped, FY22 funded
project).
ID................................. Craters of the Moon Rehabilitate Operational 9,932,000
National Monument and Buildings at Idaho Parks
Preserve, Hagerman Fossil (rescoped).
Beds National Monument,
Minidoka National Historic
Site.
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service
----------------------------------------------------------------------------------------------------------------
CA................................. Angeles National Forest.... Angeles National Forest 1,655,000
Deferred Maintenance
(reduced funding).
CA................................. San Bernardino National San Bernardino National 365,000
Forest. Forest Deferred
Maintenance (added
funding).
CA................................. Inyo National Forest....... Day Use Sites Safety and 2,000,000
Accessibility Improvements
(reduced funding,
administrative correction).
CA................................. Pacific Southwest Region... Pacific Southwest Region 11,840,300
Deferred Maintenance
(additional project,
administrative correction).
----------------------------------------------------------------------------------------------------------------
[[Page S1691]]
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2022 REVISIONS
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Bureau of Land Management
----------------------------------------------------------------------------------------------------------------
WY................................. High Desert District/High Wyoming BLM Dam Safety 2,795,000
Plains District. Repairs and Maintenance
Projects (rescoped).
----------------------------------------------------------------------------------------------------------------
U.S. Fish and Wildlife Service
----------------------------------------------------------------------------------------------------------------
IL................................. Crab Orchard NWR........... Modernize Public Use 350,644
Facilities, Repair Seismic
Issues and Improve
Recreational Access--Phase
I (rescoped, updated name,
FY21 funded project).
----------------------------------------------------------------------------------------------------------------
National Park Service
----------------------------------------------------------------------------------------------------------------
CA................................. Golden Gate National Stabilize Alcatraz Wharf 39,044,763
Recreation Area. (rescoped, FY23 funded
project).
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service
----------------------------------------------------------------------------------------------------------------
AZ................................. Prescott National Forest... Prescott National Forest 972,642.46
Deferred Maintenance
(added funding).
CA................................. Angeles National Forest.... Angeles National Forest 594,000.00
Deferred Maintenance
(reduced funding).
CA................................. San Bernardino National San Bernardino National 1,703,000.00
Forest. Forest Deferred
Maintenance (added
funding).
IL................................. Shawnee National Forest.... Shawnee National Forest 2,232,206.77
Deferred Maintenance
(added funding, includes
movement of prior outlayed
contingency funding from
Hoosier as well).
IN................................. Hoosier National Forest.... Hoosier National Forest 283,293.23
Deferred Maintenance
(reduced funding).
NM................................. Lincoln National Forest.... Lincoln National Forest 43,357.54
Deferred Maintenance
(reduced funding).
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Bureau of Land Management
----------------------------------------------------------------------------------------------------------------
CA................................. Central California District Pleasant Valley Pit 147,928
Campground Maintenance and
Rehabilitation.
ID................................. National Interagency Fire 300-Jack Wilson 1,009,177
Center. Headquarters Repairs &
Uninterruptible Power
Supply Replacement.
ID................................. Twin Falls District........ Shoshone Field Office 5,000,000
Replacement (rescoped,
FY24 funded project).
MT................................. Eastern Montana/Dakotas Stellar Creek Road Repair.. 468,974
District.
MT................................. Eastern Montana/Dakotas Acton Road Gravel.......... 237,515
District.
MT................................. North Central District..... Grub Dam Rehabilitation.... 1,601,587
MT................................. Western Montana District... Axolotl Lakes Road 438,004
Surfacing.
MT................................. Western Montana District... Beartooth Landing Dock..... 30,000
MT................................. Eastern Montana/Dakotas Eastern Montana Dakotas 165,697
District. District Fog Seal.
NM................................. Albuquerque District....... Pinon Dam Repairs 986,000
(rescoped).
NM................................. Las Cruces District........ Cox Well and Water System.. 42,660
OR................................. Prineville District........ Sunflower Creek Culvert 200,000
Replacement--Phase II of
II.
UT................................. West Desert District....... Rosebud Administrative Site 460,826
Storage Structure
Replacement.
WY................................. Wind River/Bighorn Basin Hyattville Logging Road.... 887,073
District.
Contingency Fund........... 508,561
----------------------------------------------------------------------------------------------------------------
U.S. Fish and Wildlife Service
----------------------------------------------------------------------------------------------------------------
CA................................. Tule Lake NWR.............. Consolidate and Modernize 9,409,000
Public Use Facilities,
Improve Waterfowl Hunting
Areas and Improve
Recreational Access
(rescoped, FY23 funded
project).
IL................................. Crab Orchard NWR........... Modernize Public Use 24,929,000
Facilities, Repair Seismic
Issues and Improve
Recreational Access--Phase
I (rescoped, updated name,
FY22 funded project).
----------------------------------------------------------------------------------------------------------------
National Park Service
----------------------------------------------------------------------------------------------------------------
CA................................. Yosemite National Park..... Repair and Replace 70KV 8,927,052
Transmission Line From
Parkline to Hwy 140
Powerhouse.
DC................................. National Mall & Memorial Complete Jefferson Memorial 3,568,952
Parks. Exterior Marble
Restoration.
NY, NJ............................. Gateway National Recreation Replace Shoreline 28,287,497
Area. Stabilization Structures--
Phase I (rescoped and
updated name).
OH................................. Cuyahoga Valley National Demolish Vacant Excess 2,017,532
Park. Structures.
........................... Contingency Fund........... 4,475,001
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service
----------------------------------------------------------------------------------------------------------------
CA................................. Angeles National Forest.... West Fork San Gabriel 0
Accessible Fishing
Opportunities (removal).
CA................................. Six Rivers National Forest. Recreation And Admin 0
Facilities Water Systems
Upgrades For Safe Water
Use (renaming).
CO................................. Grand Mesa, Uncompahgre, Replace Damaged Or Missing 0
and Gunnison National Kiosks At Recreation Sites
Forests. (renaming).
CO................................. Research and Development... Fraser Water Quality 624,195
Research Weir (added
funding).
ID................................. Idaho Panhandle National Green Bay Campground 0
Forest. Improvements (renaming).
[[Page S1692]]
ID................................. Idaho Panhandle National Toilet Replacements At 0
Forest. Recreation Sites Near
Coeur D'Alene (renaming).
ID................................. Payette National Forest.... Huckleberry Campground 0
Water System Replacement
(removal).
ID................................. Payette National Forest.... Krassel Developed and 225,798
Dispersed Site Deferred
Maintenance Project (added
funding).
MT................................. Custer Gallatin National Pavement Preservation And 0
Forest. Replacement: West
Yellowstone, Gallatin
River, Beartooth
Mountains, and Ashland
(renaming).
ND................................. Dakota Prairie Grasslands.. Grand River And Sheyenne 0
District Road
Reconditioning, Spot
Surfacing, And Drainage
Repairs (renaming).
ND................................. Dakota Prairie Grasslands.. Little Missouri Grasslands 0
Road Reconditioning, Spot
Surfacing And Drainage
Repairs (renaming).
OR, WA............................. Pacific Northwest Region... Regional Trail Bridge
Replacement And Deferred
Maintenance (renaming).
UT................................. Ashley National Forest..... Buckboard Waterline 0
Replacement (removal).
WY................................. Bridger-Teton National Forest Vault Toilet 0
Forest. Replacement (removal).
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2024
----------------------------------------------------------------------------------------------------------------
State(s) Agency--Account--Activity--Project Funding Amount
----------------------------------------------------------------------------------------------------------------
Office of the Secretary
----------------------------------------------------------------------------------------------------------------
Departmental Operations............................
Appraisal and Valuation Services--Federal Lands.... 19,000,000
TOTAL, Office of the Secretary..................... 19,000,000
Total Net Budget Authority, Office of the Secretary 19,000,000
Total 2023 Sequestered Budget Authority............ 1,083,000
Total New Budget Authority, Office of the Secretary 19,000,000
Total 2024 Sequester............................... (1,083,000)
----------------------------------------------------------------------------------------------------------------
Bureau of Land Management
----------------------------------------------------------------------------------------------------------------
Land Acquisition...................................
Acquisition Management............................. 8,527,000
Recreational Access................................ 20,500,000
Inholdings, Emergencies & Hardships................ 9,000,000
MT...................................... Blackfoot River Watershed.......................... 2,200,000
CA...................................... California Coastal National Monument............... 10,500,000
ID...................................... Henry's Lake Area of Critical Environmental Concern 7,450,000
and Island Park.
CA...................................... California Wilderness.............................. 4,000,000
CO...................................... South San Juan Project Area........................ 4,500,000
AZ...................................... Lower Gila Terraces and Historic Trails Area of 2,500,000
Critical Environmental Concern.
ID...................................... Sands Desert Habitat Management Area............... 2,600,000
UT...................................... Red Cliffs National Conservation Area.............. 2,100,000
Subtotal, Land Acquisition Projects................ 35,850,000
TOTAL, Bureau of Land Management................... 73,877,000
Total Net Budget Authority, Bureau of Land 73,877,000
Management.
Total 2023 Sequestered Budget Authority............ 3,994,389
Total New Budget Authority, Bureau of Land 74,106,192
Management.
Total 2024 Sequester............................... (4,224,081)
----------------------------------------------------------------------------------------------------------------
U.S. Fish and Wildlife Service
----------------------------------------------------------------------------------------------------------------
Land Acquisition................................... .................
Highlands Conservation Act (P.L. 108-421).......... 10,000,000
Land Acquisition Management........................ 18,028,000
Sportsmen and Recreational Access.................. 15,500,000
Inholding/Emergencies and Hardships................ 11,000,000
Exchanges.......................................... 1,591,000
Land Protection Planning........................... 493,000
FL...................................... Everglades Headwaters National Wildlife Refuge and 10,000,000
Conservation Area.
TX...................................... Attwater Prairie Chicken National Wildlife Refuge.. 4,500,000
Mult.................................... Dakota Grassland Conservation Area (ND/SD)......... 6,000,000
Mult.................................... Great Thicket National Wildlife Refuge (CT, MA, ME, 1,000,000
NH, NY, RI).
ME...................................... Rachel Carson National Wildlife Refuge............. 1,500,000
Mult.................................... Silvio O. Conte National Fish and Wildlife Refuge 500,000
(CT, MA, NH, VT).
OR...................................... Willamette Valley Conservation Area................ 3,500,000
CA...................................... Don Edwards San Francisco Bay National Wildlife 4,690,000
Refuge.
AR...................................... Cache River National Wildlife Refuge............... 500,000
Mult.................................... Dakota Tallgrass Prairie Wildlife Management Area 2,000,000
(ND/SD).
Mult.................................... Northern Tallgrass Prairie National Wildlife Refuge 500,000
(IA/MN).
TX...................................... Laguna Atascosa National Wildlife Refuge........... 2,000,000
PA...................................... Cherry Valley National Wildlife Refuge............. 1,000,000
CA...................................... Grasslands Wildlife Management Area................ 1,000,000
CA...................................... Stone Lakes National Wildlife Refuge............... 3,000,000
WA...................................... Willapa National Wildlife Refuge................... 6,000,000
VA...................................... Rappahannock River Valley National Wildlife Refuge. 500,000
IN...................................... Patoka River National Wildlife Refuge.............. 2,000,000
Mult.................................... Bear River Watershed Conservation Area (ID, UT, WY) 950,000
IL...................................... Cypress Creek National Wildlife Refuge............. 500,000
KS...................................... Flint Hills Legacy Conservation Area............... 500,000
AK...................................... Alaska Peninsula National Wildlife Refuge.......... 2,200,000
WY...................................... Wyoming Toad Conservation Area..................... 1,500,000
KY...................................... Green River National Wildlife Refuge............... 1,000,000
CA...................................... Tulare Basin Wildlife Management Area.............. 1,000,000
FL...................................... St. Marks National Wildlife Refuge................. 1,000,000
Mult.................................... Upper Mississippi River National Wildlife and Fish 500,000
Refuge (IA, IL, MN, WI).
TX...................................... Lower Rio Grande National Wildlife Refuge.......... 2,000,000
Mult.................................... Middle Mississippi River National Wildlife Refuge 500,000
(IL/MO).
OR...................................... Nestucca Bay National Wildlife Refuge.............. 500,000
Total, Land Acquisition............................ 62,340,000
Total Net Budget Authority, Fish and Wildlife 118,952,000
Service--Land Acquisition.
Total 2023 Sequestered Budget Authority............ 6,494,637
Total New Budget Authority, Fish and Wildlife 119,254,892
Service--Land Acquisition.
Total 2024 Sequester............................... (6,797,529)
Cooperative Endangered Species Fund................
Species Recovery Land Acquisition.................. 14,162,000
Habitat Conservation Plan Acquisition.............. 26,000,000
Total, Cooperative Endangered Species Fund......... 40,162,000
Total Net Budget Authority, Fish and Wildlife 40,162,000
Service--Cooperative Endangered Species Fund.
Total 2023 Sequestered Budget Authority............ 1,869,600
Total New Budget Authority, Fish and Wildlife 40,606,999
Service--Cooperative Endangered Species Fund.
Total 2024 Sequester............................... (2,314,599)
TOTAL, U.S. Fish and Wildlife Service.............. 159,114,000
Total Net Budget Authority, U.S. Fish and Wildlife 159,114,000
Service.
[[Page S1693]]
Total 2023 Sequestered Budget Authority............ 8,364,237
Total New Budget Authority, U.S. Fish and Wildlife 159,861,891
Service.
Total 2024 Sequester............................... (9,112,128)
----------------------------------------------------------------------------------------------------------------
National Park Service
----------------------------------------------------------------------------------------------------------------
Land Acquisition and State Assistance..............
State Conservation Grants.......................... 167,197,000
LWCF Outdoor Recreation Legacy Grants.............. 125,000,000
State Conservation Grants Administration........... 13,347,000
Use of unobligated balances (non-add).............. [30,000,000]
Subtotal, State Assistance......................... 305,544,000
American Battlefield Protection Program (P.L. 113- 20,000,000
287).
Acquisition Management............................. 16,500,000
Recreational Access................................ 12,000,000
Emergencies, Hardships, Relocations, and 5,000,000
Deficiencies.
Inholding, Donations, and Exchanges................ 21,645,000
WY...................................... Grand Teton National Park.......................... 11,740,000
AK...................................... Yukon-Charley Rivers National Preserve............. 2,050,000
NM...................................... Valles Caldera National Preserve................... 2,500,000
UT...................................... Zion National Park................................. 2,600,000
Mult.................................... Battlefield Protection (Various)................... 2,680,000
MN...................................... Voyageurs National Park............................ 1,500,000
WV...................................... Gauley River National Recreation Area.............. 920,000
MO...................................... Ozark National Scenic Riverways.................... 975,000
WV...................................... New River Gorge National Park and Preserve......... 655,000
MA...................................... Minute Man National Historical Park................ 1,860,000
WA...................................... San Juan Island National Historical Park........... 905,000
MO...................................... Ste. Genevieve National Historical Park............ 430,000
TN...................................... Obed Wild And Scenic River......................... 320,000
TX...................................... San Antonio Missions National Historical Park...... 1,221,000
CO...................................... Rocky Mountain National Park....................... 3,000,000
Mult.................................... Big South Fork National River and Recreation Area 950,000
(KY/TN).
SC...................................... Congaree National Park............................. 250,000
CA...................................... Death Valley National Park......................... 500,000
LA...................................... Jean Lafitte National Historical Park and Preserve. 390,000
MI...................................... Sleeping Bear Dunes National Lakeshore............. 1,365,000
Mult.................................... Missouri National Recreation River (NE/SD)......... 1,855,000
FL...................................... Big Cypress National Preserve...................... 270,000
FL...................................... Biscayne National Park............................. 2,200,000
AK...................................... Lake Clark National Park and Preserve.............. 8,044,000
Subtotal, Land Acquisition Projects................ 49,180,000
TOTAL, National Park Service....................... 429,869,000
Total Net Budget Authority, National Park Service.. 429,869,000
Total 2023 Sequestered Budget Authority............ 26,322,828
Total New Budget Authority, National Park Service.. 427,938,677
Total 2024 Sequester............................... (24,392,505)
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service
----------------------------------------------------------------------------------------------------------------
Land Acquisition...................................
Acquisition Management............................. 13,861,000
Recreational Access................................ 13,000,000
Critical Inholdings/Wilderness..................... 5,500,000
Cash Equalization.................................. 250,000
WA...................................... Okanogan-Wenatchee NF I............................ 12,000,000
CO...................................... Rio Grande National Forest......................... 8,000,000
CO...................................... White River National Forest........................ 1,250,000
MT...................................... Lolo National Forest............................... 10,500,000
WA...................................... Okanogan-Wenatchee National Forest II.............. 7,000,000
AZ...................................... Prescott National Forest I......................... 10,340,000
GA...................................... Chattahoochee-Oconee National Forest............... 3,844,000
MT...................................... Beaverhead-Deerlodge National Forest II............ 1,620,000
AZ...................................... Coronado National Forest I......................... 2,500,000
UT...................................... Uinta-Wasatch-Cache National Forest................ 4,000,000
AL...................................... National Forests in Alabama........................ 4,150,000
MT...................................... Beaverhead-Deerlodge National Forest I............. 1,927,000
CO...................................... San Juan National Forest........................... 4,000,000
CA...................................... Shasta-Trinity National Forest..................... 2,000,000
ME...................................... White Mountain National Forest..................... 3,178,000
Mult.................................... Treasures of the Central Appalachians Initiative 11,649,000
(NC, TN, WV).
AZ...................................... Coronado National Forest II........................ 5,316,000
Subtotal, Land Acquisition Projects................ 93,274,000
Total, Land Acquisition............................ 125,885,000
Total Net Budget Authority, Forest Service--Land 125,885,000
Acquisition.
Total 2023 Sequestered Budget Authority............ 7,092,966
Total New Budget Authority, Forest Service--Land 125,972,464
Acquisition.
Total 2024 Sequester............................... (7,180,430)
Forest Legacy Program..............................
Administrative Funds............................... 8,000,000
MT...................................... Upper Thompson Connectivity Project................ 7,000,000
MI...................................... Michigamme Highlands Project....................... 15,075,000
GA...................................... Dugdown Mountain Corridor Stateline Georgia Project 17,500,000
IA...................................... Little Sioux Forest Project........................ 4,650,000
ME...................................... South Branch Forest Project........................ 1,150,000
VA...................................... Buffalo Mountain Natural Area Preserve Expansion 9,500,000
Project.
AL...................................... Dugdown Mountain Corridor Stateline Alabama........ 3,750,000
NC...................................... Roanoke River Bottomlands Forest Project........... 3,000,000
ID...................................... Spirit of Mount Spokane Conservation Project....... 5,000,000
WA...................................... Mt. Adams Forest Project........................... 14,000,000
OR...................................... Tualatin Mountain Forest Project................... 3,630,000
Subtotal, Forest Legacy Projects................... 84,255,000
Total, Forest Legacy Program....................... 92,255,000
Total Net Budget Authority, Forest Service--Forest 92,255,000
Legacy.
Total 2023 Sequestered Budget Authority............ 4,442,580
Total New Budget Authority, Forest Service--Forest 93,120,276
Legacy.
Total 2024 Sequester............................... (5,307,586)
Total, U.S. Forest Service......................... 218,140,000
Total Net Budget Authority, U.S. Forest Service.... 218,140,000
Total 2023 Sequestered Budget Authority............ 11,535,546
Total New Budget Authority, U.S. Forest Service.... 219,092,740
Total 2024 Sequester............................... (12,488,286)
----------------------------------------------------------------------------------------------------------------
Total, Land and Water Conservation Fund Fiscal Year 900,000,000
2024.
Total Net Budget Authority, Land and Water 900,000,000
Conservation Fund.
Total 2023 Sequestered Budget Authority............ 51,300,000
Total New Budget Authority, Land and Water 900,000,000
Conservation Fund.
Total 2024 Sequester............................... (51,300,000)
----------------------------------------------------------------------------------------------------------------
[[Page S1694]]
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2021 REVISIONS
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service, Land Acquisition
----------------------------------------------------------------------------------------------------------------
AL...................................... NFs in Alabama (Alabama's Wild Wonders I).......... 614,059
SC...................................... Sumter (Promise of the Piedmont I)................. 1,544,000
AL...................................... Conecuh National Forest............................ 312,341
SC...................................... Francis Marion and Sumter National Forest.......... 113,000
SC...................................... Francis Marion and Sumter National Forest.......... 1,343,000
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service, Forest Legacy Program
----------------------------------------------------------------------------------------------------------------
WA...................................... Yacolt Forest Phase II............................. 0
HI...................................... Hawaii Koa Forest.................................. 0
TN...................................... Myers Cove......................................... 2,400,000
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2022 REVISIONS
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
U.S. Forest Service, Land Acquisition
----------------------------------------------------------------------------------------------------------------
FL...................................... National Forests in Florida--Longleaf Pine 17,847,000
Restoration Initiative.
FL...................................... National Forests in Florida (Butler Tract)......... 1,153,000
----------------------------------------------------------------------------------------------------------------
ALLOCATION OF FUNDS: LAND AND WATER CONSERVATION FUND FISCAL YEAR 2023 REVISIONS
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
National Park Service, Land Acquisition
----------------------------------------------------------------------------------------------------------------
N/A..................................... Acquisition Management............................. 9,500,000
Mult.................................... Inholdings......................................... 5,000,000
----------------------------------------------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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EXPLANATORY STATEMENT SUBMITTED BY MRS. MURRAY, CHAIR OF THE SENATE
COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 4366, CONSOLIDATED
APPROPRIATIONS ACT, 2024
The following is an explanation of the Consolidated
Appropriations Act, 2024.
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
Congressional Directives
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 118-
154 and Senate Report 118-70 carry the same weight as
language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly
provided herein. In cases where the House and Senate have
directed the submission of a report, such report is to be
submitted to both the House and Senate Committees on
Appropriations. The Department of Transportation [DOT] and
the Department of Housing and Urban Development [HUD] are
directed to notify the House and Senate Committees on
Appropriations 7 days prior to the announcement of a new
program, initiative, or authority.
____
OPERATING PLANS AND REPROGRAMMING GUIDELINES
Reprogramming requests must be submitted to the Committees
on Appropriations no later than June 30, 2024, and include
funding provided by this act and division J of Public Law
117-58, consistent with Senate direction.
The table in the operating plan required by the House and
Senate Committees on Appropriations 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. The operating plan must also identify items of
special congressional interest.
REPORTING REQUIREMENTS
Each DOT and HUD agency is expected to comply with report
deadlines, as directed by the House, Senate, and this joint
explanatory statement. In lieu of House Section 422, DOT and
HUD are directed to provide the Committee with quarterly
written notifications on the status of pending reports
required by this and prior appropriations acts.
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The agreement provides $191,295,000 for the salaries and
expenses of the Office of the Secretary [OST], to remain
available until September 30, 2025.
Of the total amount, the agreement supports the funding
directives identified in Senate Report 118-70 and provides
the following levels for each office.
------------------------------------------------------------------------
Agreement
------------------------------------------------------------------------
Office of the Secretary................................. $3,770,000
Office of the Deputy Secretary.......................... 1,370,000
Office of the General Counsel........................... 32,272,000
Office of the Under Secretary for Policy *.............. 20,064,000
Office of the Assistant Secretary for Budget and 22,724,000
Programs...............................................
Office of the Assistant Secretary for Government Affairs 7,138,000
Office of the Assistant Secretary for Administration.... 43,284,000
Office of Public Affairs and Public Engagement.......... 6,244,000
Office of the Executive Secretariat..................... 2,515,000
Office of Intelligence, Security, and Emergency Response 16,506,000
Office of the Chief Information Officer................. 33,879,000
Office of Tribal Government Affairs..................... 1,529,000
---------------
Total............................................... 191,295,000
------------------------------------------------------------------------
* Includes the Office of Multimodal Freight Infrastructure Policy.
Congressional budget justifications.--The agreement reminds
OST to delineate the funding for salaries and expenses [S&E]
and number of full-time equivalent [FTE] and full-time
permanent [FTP] positions separate and distinct from the
programmatic funding, including in the detailed tables in the
congressional budget justification. This shall include all
S&E funding and FTE/FTP positions provided by administrative
takedowns from any and all budgetary resources.
Office of Multimodal Freight Infrastructure and Policy.--
The agreement does not include the request of $5,300,000 for
the freight logistics optimization works program or expect
the related briefing. The report on the establishment of this
office, as directed in Senate Report 118-70, has been
satisfied and is no longer required.
RESEARCH AND TECHNOLOGY
The agreement provides $49,040,000 for research and
technology, of which $22,500,000 shall remain available until
expended. Of the total amount, the agreement provides the
following levels for specific activities:
------------------------------------------------------------------------
------------------------------------------------------------------------
Advanced research projects agency- $10,000,000
infrastructure................................
[Bridges and other infrastructure research].... [8,000,000]
National laboratory partnerships............... 2,500,000
Position navigation and timing ................ Up to 15,000,000
Tribal traffic fatalities pilot program........ 2,000,000
------------------------------------------------------------------------
Position navigation and timing [PNT] technologies and
global positioning system [GPS] backup.--The agreement
continues to support investment in GPS backup/complementary
PNT technologies and provides at least $8,000,000 and up to
$15,000,000 in fiscal year 2024. This amount is in addition
to $16,478,374 in carryover from prior year appropriations.
This investment will facilitate the wide adoption of multiple
technologies that provide the necessary GPS backup and
complementary PNT as identified in 2021 in the report
entitled ``Complementary PNT and GPS Backup Technologies
Demonstration Report'' [DOT-VNTSC-20-07]. The agreement
commends the Department for its action to ensure
cybersecurity and all-hazards resilience, including PNT, are
part of the standard notice of funding opportunity [NOFO]
language in the Department's discretionary grant programs. As
such, the agreement expects the Department to provide
adequate notice to its recipients to ensure eligible
recipients are informed of the eligible activities. The
agreement expects the Department to update the House and
Senate Committees on Appropriations of its progress on the
complementary action plan within 180 days of enactment of
this act.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $345,000,000 for local and regional
project assistance grants as authorized under 49 U.S.C. 6702,
to remain available until expended. Of this amount, not less
than 5 percent is for projects in historically disadvantaged
communities or areas of persistent poverty. The agreement
directs the Secretary to take such measures to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of rural and urban
communities, including Tribal areas, and the investment in a
variety of transportation modes. Consistent with 49 U.S.C.
6702, not more than 50 percent of the funding shall be
allocated to projects in rural and urbanized areas,
respectively. Further, the agreement requires the Secretary
to consider and award projects solely based upon the
selection criteria in 49 U.S.C. 6702(d)(3) and (d)(4).
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The agreement provides $9,558,000 for the National Surface
Transportation and Innovative Finance Bureau, to remain
available until expended.
RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT
The agreement provides $25,000,000 for the rural and Tribal
infrastructure advancement program as authorized by section
21205 of Public Law 117-58, to remain available until
September 30, 2026.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The agreement authorizes the Secretary to issue direct
loans and loan guarantees pursuant to chapter 224 of title
49, United States Code.
FINANCIAL MANAGEMENT CAPITAL
The agreement provides $5,000,000 for the financial
management capital program, to remain available until
September 30, 2025.
CYBER SECURITY INITIATIVES
The agreement provides $49,000,000 for departmental cyber
security initiatives, to remain available until September 30,
2025.
OFFICE OF CIVIL RIGHTS
The agreement provides $18,228,000 for the Office of Civil
Rights. The agreement specifies that amounts provided above
the fiscal year 2023 enacted level are to accommodate
adjustments to base.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $24,369,000 for planning, research,
and development activities, to remain available until
expended. Of this amount, $5,436,000 is for the Interagency
Infrastructure Permitting Improvement Center and $3,443,000
is for the purposes and amounts specified in the table
entitled ``Community Project Funding/Congressionally Directed
Spending'' included in this joint explanatory statement.
Further, the agreement directs that the specific funding
allocated in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement shall not diminish or prejudice any
application or geographic region to receive other
discretionary grants or loans.
Non-traditional and emerging transportation technologies
[NETT] council.--The agreement provides up to $2,500,000 for
the NETT council to identify and resolve jurisdictional and
regulatory gaps or inconsistencies associated with safety,
environmental reviews, funding, and finance.
Pozzolanic research.--The agreement provides $300,000 for
the office to conduct a report, in coordination with the
Federal Highway Administration [FHWA], on the use of
pozzolanic concrete in Federal infrastructure projects. The
report shall include the steps taken to assess the
durability, strength, cost and environmental impacts of
pozzolanic concrete compared with existing concrete products.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement limits expenditures for working capital fund
activities to $522,165,000.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The agreement provides $5,330,000 for small and
disadvantaged business utilization and outreach, to remain
available until September 30, 2025.
[[Page S1868]]
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $348,554,000 for payments to air
carriers, to remain available until expended, and continues
to waive certain eligibility requirements.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
Section 101 prohibits funds available to the DOT from being
obligated for the Office of the Secretary of Transportation
to approve assessments or reimbursable agreements pertaining
to funds appropriated to the operating administrations,
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.
Section 102 requires the Secretary of Transportation to
post on the Internet a schedule of all council on credit and
finance meetings, agendas, and meeting minutes.
Section 103 allows the DOT's working capital fund to
provide payments in advance to vendors for the Federal
transit pass fringe benefit program, and to provide full or
partial payments to, and to accept reimbursements from,
Federal agencies for transit benefit distribution services.
Section 104 allows the DOT's working capital fund to use
certain recoveries from the transit benefit program to
improve the administration of that program.
Section 105 requires approval from the Assistant Secretary
for Administration for retention or senior executive bonuses
for all DOT employees.
Section 106 requires the DOT's working capital fund to
transfer equipment into the working capital fund and collect
replacement reserve for the equipment equal to the useful
life and estimated replacement cost of such equipment.
Section 107 requires congressional notification before the
DOT provides credit assistance under the transportation
infrastructure finance and innovation act [TIFIA] program.
Section 108 rescinds previous appropriations.
Section 109 allows the operating administrations to
transfer funds to the Office of Tribal Government Affairs for
recipients of the Tribal transportation self-governance
program.
Section 109A allows the Secretary to transfer and
consolidate administrative resources for certain programs.
Section 109B makes funds available to address needs for
certain projects.
Section 109C modifies the amount of funding reserved for
planning grants under the safe streets and roads for all
program.
Section 109D extends the liquidation of valid obligations
for one fiscal year for amounts made available for the
national infrastructure investments program in Public Law
116-260.
Section 109E increases the set-aside for certain eligible
recipients under the national infrastructure investments
program in Public Law 117-58.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $12,729,627,000 for the operations
of the Federal Aviation Administration [FAA], to remain
available until September 30, 2025. Of the total amount
provided, $12,093,150,000 is to be derived from the airport
and airway trust fund. The act distributes funds by budget
activity. The agreement does not include any specific
increases or reductions from the budget request and does not
include the directives in House Report 118-154 under the
heading ``Staff offices reductions.''
Aviation safety.--Increased funding and staffing provided
by this act for aviation safety shall be prioritized to
improve the FAA's surveillance of production and
manufacturing activities as well as air carrier maintenance
resulting from the grounding and recent events involving the
Boeing 737-9 MAX aircraft.
Aircraft certification service.--The agreement includes not
less than $351,373,000 for aircraft certification service and
includes the directives included under this heading in Senate
Report 118-70.
Independent study on a future state of type certification
processes.--The agreement includes the directives in Senate
Report 118-70 under this heading, but does not include the
amounts provided in House Report 118-154 under the heading
``Certification study.''
Commercial space.--Within funding provided for commercial
space activities, the agreement does not include amounts in
House Report 118-154 for launch and reentry licensing
processes, but directs the FAA to dedicate resources to
improve these processes.
Flight standards certification services oversight
process.--Within amounts provided, the agreement directs the
FAA to continue efforts to eliminate the backlog of
applications in the certification services oversight process
[CSOP] list and to brief the House and Senate Committees on
Appropriations within 90 days after the enactment of this act
on the staffing allocated to Part 135 and other CSOP-listed
applications, the size of the backlogs, the pace at which
applications are currently processed, and the steps the FAA
will take to provide a more timely process.
Enhanced remote digital tower certification.--The agreement
amends the frequency of reports required in House Report 118-
154 under this heading and instead directs the FAA to provide
a report to the Committees by December 31, 2024.
Airport fees on transportation network companies [TNCs].--
The agreement amends the direction required in House Report
118-154 under this heading, and instead directs the FAA to
use funding from within the airport cooperative research
program to update its research on TNCs and fee setting at
airports, survey of airport ground transportation laws, and
best practices on ground transportation.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $3,191,250,000 for facilities and
equipment. Of the total amount available, $634,739,370 is for
personnel and related expenses and available until September
30, 2025; $2,496,360,630 is available until September 30,
2026; and $60,150,000 is for terminal facilities and is
available until September 30, 2028.
The table below provides allocations of funds for FAA
facilities and equipment from the Infrastructure Investment
and Jobs Act [IIJA] for fiscal year 2024, which are subject
to section 405 of this act:
ALLOCATION OF FUNDS FOR FAA FACILITIES AND EQUIPMENT FROM THE
INFRASTRUCTURE INVESTMENT AND JOBS ACT--FISCAL YEAR 2024
------------------------------------------------------------------------
Agreement
------------------------------------------------------------------------
Terminal and En Route Air Traffic Control Facilities-- $585,000,000
Replace.............................................
Unstaffed Infrastructure Sustainment and Real 40,000,000
Property Disposition ...............................
Electrical Power System--Sustain/Support and Fuel 90,000,000
Storage Tank Replacement and Management.............
Hazardous Materials Management and National Airspace 45,000,000
System [NAS] Facilities, OSHA, and Environmental
Standards Compliance................................
Navigation, Landing and Lighting..................... 40,000,000
Personnel and Related Expenses....................... 200,000,000
------------------
Total............................................ 1,000,000,000
------------------------------------------------------------------------
The table below provides details by activity for FAA
facilities and equipment from funds made available under this
heading in this act:
------------------------------------------------------------------------
Facilities and Equipment Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development, Test and
Evaluation:
Advanced Technology Development and Prototyping.... $32,718,000
William J. Hughes Technical Center Laboratory 16,055,000
Sustainment.......................................
William J. Hughes Technical Center Infrastructure 9,500,000
Sustainment.......................................
NextGen--Separation Management Portfolio........... 13,680,000
NextGen--Traffic Flow Management Portfolio......... 9,500,000
NextGen--On Demand NAS Portfolio................... 8,075,000
NextGen--NAS Infrastructure Portfolio.............. 11,400,000
NextGen--Support Portfolio......................... 4,750,000
NextGen--Unmanned Aircraft Systems [UAS]........... 13,300,000
NextGen--Enterprise, Concept Development, Human 10,450,000
Factors, & Demonstrations Portfolio...............
------------------
Total Activity 1................................. 129,428,000
Activity 2--Air Traffic Control Facilities and
Equipment:
a. En Route Programs
En Route Automation Modernization [ERAM]--System 80,000,000
Enhancements and Tech Refresh.....................
Next Generation Weather Radar [NEXRAD]............. 3,000,000
Air Route Traffic Control Center [ARTCC] & Combined 39,900,000
Control Facility [CCF] Building Improvements......
Air/Ground Communications Infrastructure........... 5,700,000
Air Traffic Control En Route Radar Facilities 5,977,630
Improvements......................................
Oceanic Automation System.......................... 6,550,000
Next Generation Very High Frequency Air/Ground 64,000,000
Communications [NEXCOM]...........................
System-Wide Information Management................. 66,500,000
ADS-B NAS Wide Implementation...................... 138,400,000
Air Traffic Management Implementation Portfolio.... 30,000,000
Time Based Flow Management Portfolio............... 30,000,000
NextGen Weather Processor.......................... 48,700,000
Data Communications in Support of NextGen Air 69,950,000
Transportation System.............................
Offshore Automation................................ 59,600,000
Reduced Oceanic Separation......................... 2,000,000
En Route Service Improvements...................... 2,000,000
Commercial Space Integration....................... 1,000,000
------------------
Subtotal En Route Programs....................... 653,277,630
b. Terminal Programs
Standard Terminal Automation Replacement System 90,100,000
[STARS] [TAMR Phase 1]............................
Terminal Automation Program........................ 5,100,000
Terminal Air Traffic Control Facilities--Replace... 20,150,000
ATCT/Terminal Radar Approach Control [TRACON] 40,000,000
Facilities--Improve...............................
NAS Facilities OSHA and Environmental Standards 24,200,000
Compliance........................................
Integrated Display System [IDS].................... 55,250,000
Terminal Flight Data Manager [TFDM]................ 65,200,000
Performance Based Navigation Support Portfolio..... 8,000,000
Unmanned Aircraft Systems [UAS] Implementation..... 5,000,000
Airport Ground Surveillance Portfolio.............. 48,200,000
Terminal and EnRoute Surveillance Portfolio........ 107,300,000
Terminal and EnRoute Voice Switch and Recorder 70,000,000
Portfolio.........................................
Enterprise Information Platform.................... 11,000,000
Remote Towers...................................... 2,000,000
------------------
Subtotal Terminal Programs....................... 551,500,000
c. Flight Service Programs
Future Flight Services Program..................... 1,500,000
Alaska Flight Service Facility Modernization 2,700,000
[AFSFM]...........................................
Weather Camera Program............................. 3,000,000
Weather Systems Portfolio.......................... 25,300,000
------------------
Subtotal Flight Service Programs................. 32,500,000
d. Landing and Navigational Aids Program
Very High Frequency [VHF] Omnidirectional Radio 6,000,000
Range [VOR] Minimum Operating Network [MON].......
Wide Area Augmentation System [WAAS] for GPS....... 92,100,000
Instrument Flight Procedures Automation [IFPA]..... 2,000,000
Runway Safety Areas--Navigational Mitigation....... 1,000,000
Landing and Lighting Portfolio..................... 60,000,000
Distance Measuring Equipment [DME], Very High 5,000,000
Frequency [VHF] Omni-Directional Range [VOR],
Tactical Air Navigation [TACAN] [DVT] Sustainment
Portfolio.........................................
------------------
Subtotal Landing and Navigational Aids Programs.. 166,100,000
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and Management....... 5,000,000
Unstaffed Infrastructure Sustainment............... 39,000,000
Aircraft Replacement and Related Equipment Program. 62,000,000
Airport Cable Loop Systems--Sustained Support...... 10,000,000
Alaskan Satellite Telecommunications Infrastructure 750,000
[ASTI]............................................
Real Property Disposition.......................... 6,000,000
[[Page S1869]]
Electrical Power Systems--Sustain/Support.......... 99,300,000
Energy Management and Compliance [EMC]............. 5,355,000
Child Care Center Sustainment...................... 1,600,000
FAA Telecommunications Infrastructure.............. 322,250,000
Operational Analysis and Reporting Systems......... 3,000,000
------------------
Subtotal Other ATC Facilities Programs........... 554,255,000
------------------
Total Activity 2............................. 1,957,632,630
Activity 3--Non-Air Traffic Control Facilities and
Equipment:
a. Support Equipment
Hazardous Materials Management..................... 20,000,000
Aviation Safety Analysis System [ASAS]............. 28,000,000
NAS Recovery Communications [RCOM]................. 12,000,000
Facility Security Risk Management.................. 18,000,000
Information Security............................... 32,000,000
System Approach for Safety Oversight [SASO]........ 21,000,000
NextGen System Safety Management Portfolio......... 6,000,000
National Test Equipment Program.................... 3,000,000
Mobile Assets Management Program................... 2,400,000
Configuration, Logistics, and Maintenance Resource 26,800,000
Solutions [CLMRS].................................
Tower Simulation Systems [TSS]/Tower Training 6,000,000
Stimulator [TTS]..................................
------------------
Subtotal Support Equipment....................... 175,200,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure Sustainment..... 39,000,000
Distance Learning.................................. 1,000,000
------------------
Subtotal Training, Equipment and Facilities...... 40,000,000
------------------
Total Activity 3............................. 215,200,000
Activity 4--Facilities and Equipment Mission Support:
System Engineering and Development Support......... 36,500,000
Program Support Leases............................. 45,000,000
Logistics and Acquisition Support Services......... 12,000,000
Mike Monroney Aeronautical Center Leases........... 16,400,000
Mike Monroney Aeronautical Center Vertiport 6,000,000
Construction......................................
Transition Engineering Support..................... 17,000,000
Technical Support Services Contract [TSSC]......... 28,000,000
Resource Tracking Program [RTP].................... 9,000,000
Center for Advanced Aviation System Development 55,000,000
[CAASD]...........................................
Aeronautical Information Management Program........ 29,350,000
------------------
Total Activity 4................................. 254,250,000
Activity 5--Personnel and Related Expenses:
Personnel and Related Expenses..................... 634,739,370
------------------
Total, All Activities........................ 3,191,250,000
------------------------------------------------------------------------
Aeronautical center infrastructure sustainment.--The
agreement provides $19,000,000 above the budget request for
this budget line item for air traffic and technical
operations training laboratory enhancements, including an
additional en route automation modernization lab and a
complementary technical operations laboratory. These
enhancements will increase throughput for air traffic control
trainees at the Mike Monroney Aeronautical Center [the
Center] and allow the FAA to hire more than the current
maximum of 1,800 trainees per year.
Mike Monroney Aeronautical Center vertiport construction.--
The agreement provides $6,000,000 to establish an electric
vertical take-off and landing [eVTOL] vertiport at the
Center. These enhancements are in lieu of amounts provided in
House Report 118-154 to establish up to four vertiports.
Notice to air missions [NOTAM] system.--The agreement
provides $29,350,000 for the aeronautical information
management program, which includes NOTAM sustainment,
enhancements, and modernization in support of the NOTAM
Improvement Act of 2023 (49 U.S.C. 40101 note). The agreement
also directs the FAA to complete implementation of a single
NOTAM system as soon as possible and take the necessary steps
to implement phase 2 prior to 2027.
High growth, multiuse airports.--The agreement modifies the
directive in House Report 118-154 to also direct the FAA to
prioritize for expedited review and approval applications for
new air traffic control towers where a mobile air traffic
control tower currently exists.
Airport ground surveillance portfolio.--The agreement
directs the FAA to provide the briefing required by Senate
Report 118-70 under this heading and amends the directive
under the same header in House Report 118-154 to instead
provide a briefing. The agreement also provides an increase
of $15,000,000 above the request. Of this increase,
$10,000,000 shall be to deploy the display of airport surface
traffic to air traffic controllers in towers at airports that
do not currently have a surface surveillance system. The
program will identify commercially available solutions to be
placed on a qualified product list. This increase also
includes $5,000,000 to accelerate the deployment of runway
incursion devices that provide a visual and aural alert to
controllers when a runway is not available for departing or
landing aircraft.
Major capital programs.--The agreement directs the FAA to
notify the House and Senate Committees on Appropriations
within 30 business days of the Joint Resources Council
establishing a baseline for previously approved projects or
making acquisition program baseline changes that alter
program performance, cost, or schedule baseline.
research, engineering, and development
(airport and airway trust fund)
The agreement provides $280,000,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2026.
The following table provides amounts for budget line items
under this heading:
------------------------------------------------------------------------
Research, Engineering & Development Agreement
------------------------------------------------------------------------
Fire Research and Safety............................. $7,136,000
Propulsion and Fuel Systems.......................... 4,000,000
Advanced Materials/Structural Safety................. 14,720,000
Aircraft Icing....................................... 2,472,000
Digital System Safety................................ 3,689,000
Continued Air Worthiness............................. 8,425,000
Flight deck/Maintenance/System Integration Human 14,301,000
Factors.............................................
System Safety Management/Terminal Area Safety........ 9,252,000
Air Traffic Control/Technical Operations Human 5,911,000
Factors.............................................
Aeromedical Research................................. 10,000,000
Weather Program...................................... 14,786,000
Unmanned Aircraft Systems [UAS] Research............. 31,128,000
Alternative Fuels for General Aviation............... 11,201,000
Commercial Space Transportation Safety............... 2,000,000
NextGen Wake Turbulence.............................. 3,728,000
Information/Cyber Security........................... 5,707,000
Environment & Energy................................. 21,000,000
NextGen--Environmental Research--Aircraft 68,000,000
Technologies and Fuels..............................
System Planning and Resource Management.............. 5,097,000
Aviation Grant Management and Sec. 625 Workforce 20,000,000
Development.........................................
Women in Aviation and Pilot Shortage Study........... 5,000,000
William J. Hughes Technical Center Laboratory 5,447,000
Facilities..........................................
Aviation Accessibility Research...................... 2,000,000
Aircraft Radio Altimeter Development, Testing, and 5,000,000
Certification.......................................
Total............................................ 280,000,000
------------------------------------------------------------------------
UAS research.--The agreement provides $10,000,000 to
support counter-UAS research, development, testing and
evaluation, consistent with direction in House Report 118-
154, with the exception of the direction to establish a
``program'' to carry out these activities.
Radio altimeters.--The agreement includes $5,000,000 to
accelerate testing, certification, and implementation of
radio altimeter capabilities, consistent with House Report
118-154, with the exception of the direction to establish a
``program'' to advance these efforts.
Aviation workforce development.--The agreement includes
$20,000,000 for aviation workforce development programs, as
directed by Senate Report 118-70.
Workforce report.--The agreement directs the Secretary to
submit a report to the House and Senate Committees on
Appropriations on whether, and the degree to which, the FAA's
workforce development programs authorized in section 625 of
the FAA Reauthorization Act of 2018 (Public Law 115-254)
have: (1) helped to expand the pool of prospective personnel
to the industry; (2) strengthened aviation programs at
minority serving institutions, public institutions of higher
education, women-focused institutions, and public
postsecondary vocational institutions; and (3) encouraged the
participation of populations that are underrepresented in the
aviation workforce, including women, minorities, and
individuals in economically disadvantaged geographic areas
and rural communities. The report shall also provide
recommendations on how the section 625 grant programs can be
used to address these issues.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
The agreement provides an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,350,000,000, to remain available until expended. Within
the obligation limitation, the agreement provides not less
than $152,148,000 for administrative expenses, $15,000,000
for the airport cooperative research program, $41,801,000 for
airport technology research, and $10,000,000 for the small
community air service development program.
Zero-emission vehicle [ZEV] and voluntary airport low
emissions [VALE] programs.--The agreement directs the FAA to
provide not less than $25,000,000 for ZEV and VALE eligible
projects at any commercial service airport, using funds under
this heading, instead of direction in Senate Report 118-70 to
use general funds for this purpose. The agreement directs the
FAA to actively engage with airport sponsors at major hubs to
identify projects suitable for the VALE program, such as
energy efficiency, energy resiliency, and renewable energy
projects that would help prevent power disruptions or
outages. Further, the agreement includes no less than
$5,000,000 for eligible hydrogen and fuel cell-related
activities through the ZEV and VALE programs.
Airport environmental mitigation.--The agreement provides
no less than $5,000,000 to: (1) fund demonstration projects
for airports to collect and remove uncontained contaminants
caused by aqueous film forming foam [AFFF] and other
polyflourinated substances [PFAS] waste resulting solely from
aviation operations, and (2) to field test and measure lab-
proven, innovative destruction technologies, including
Resource Conservation and Recovery Act-permitted incineration
in order to measurably reduce and mitigate the aviation
impacts of PFAS and AFFF substances on surface and
groundwater quality at the airport or within five miles of
the airport.
grants-in-aid for airports
The agreement provides $532,392,074 in new budget authority
for additional discretionary grants for airport construction
projects, of which $482,392,074 is for the purposes and
amounts specified in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included in this
joint explanatory statement. Funding allocated for Community
Project Funding/Congressionally Directed Spending shall not
diminish or prejudice the application of a specific airport
or geographic region to receive other airport improvement
program [AIP] discretionary grants or multi-year letters of
intent.
administrative provisions--federal aviation administration
(including rescissions)
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA
``without cost'' building construction or space.
[[Page S1870]]
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with government-issued credit cards.
Section 116 requires the Administrator to block the
identifying information of an owner or operator's aircraft in
any flight tracking display to the public upon the request of
an owner or operator.
Section 117 prohibits funds for salaries and expenses of
more than nine political and Presidential appointees in the
FAA.
Section 118 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with executive order no. 13642.
Section 119 requires the FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing
a regional operations center or reducing the services
provided.
Section 119A prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119B prohibits funds from being used to withhold
from consideration and approval of certain applications for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119C prohibits funds from being used to open,
close, redesignate, or reorganize a regional office, the
aeronautical center, or the technical center subject to the
normal reprogramming requirements outlined under section 405
of this act.
Section 119D improves the efficiency of the FAA franchise
fund.
Section 119E provides restrictions on the use of the
authorities under 49 U.S.C. 44502(e) to transfer certain air
traffic systems or equipment to the FAA.
Section 119F allows the transfer of funds from the
``Grants-in-Aid for Airports'' account to reimburse airports
affected by temporary flight restrictions for residences of
the president.
Section 119G rescinds certain unobligated funds.
Section 119H prohibits the FAA from allowing the assignment
of individuals from private sector organizations to serve in
the FAA on a temporary basis.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
The agreement limits obligations for the administrative
expenses of the FHWA to $486,799,671, of which $3,248,000 is
for the administrative expenses of the Appalachian Regional
Commission.
federal-aid highways
(limitation on obligations)
(highway trust fund)
The agreement limits obligations for the Federal-aid
highways program to $60,095,782,888 in fiscal year 2024.
Truck size and weight research.--The agreement directs the
FHWA to brief the House and Senate Committees on
Appropriations within 60 days of enactment of this act on the
status of the implementation plan for the research outlined
in the Transportation Research Board's truck size and weight
research plan, including any reasons for delay of delivery of
such plan, and proposals for progress on delivery of such
plan.
Federal-aid highway apportionments.--The agreement does not
include the directive to the GAO to conduct the study
included under this heading in Senate Report 118-70.
Unobligated balances.--The agreement directs the FHWA to
submit a list of all unobligated balances of contract
authority and budget authority as of September 30, 2023, to
the House and Senate Committees on Appropriations by March
31, 2024, and provide an annual update with each year's
President's budget request. The list of unobligated balances
shall include the account name, program name, Treasury
account symbol, amounts available, date of most recent
obligation, and any other information that will help the
Committees determine the status of all unobligated balances.
Upon submitting the initial list on March 31, 2024, the FHWA
shall solicit feedback from State DOTs to identify any
amounts allocated to a specific State that the State DOT does
not intend to obligate. The FHWA shall submit a list of such
amounts to the House and Senate Committees on Appropriations
by October 1, 2024, including a list of State DOTs that did
not provide feedback in a reasonable amount of time.
Evacuation route planning.--The Secretary of
Transportation, in consultation with the Administrator of the
Federal Emergency Management Agency, shall develop and
publish guidelines and best practices for States, Indian
Tribes, and units of local government to use when conducting
local emergency evacuation route planning, including routing
of emergency response supplies, equipment, and workers, as
part of natural disaster preparedness efforts.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation of
$60,834,782,888, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this act and prior appropriations
acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $2,224,676,687 from the general
fund. Of the total amount, the agreement provides
$1,884,176,687 for the purposes and amounts specified in the
table entitled ``Community Project Funding/Congressionally
Directed Spending'' included in this joint explanatory
statement; $100,000,000 for the Appalachian development
highway system; $150,000,000 for the Tribal transportation
program; $5,000,000 to be transferred to the Northern Border
Regional Commission; $18,000,000 to be transferred to the
Denali Commission; $10,000,000 for the regional
infrastructure accelerator demonstration program; $7,500,000
for the national scenic byways program; and $50,000,000 for a
competitive bridge bundling grant program. An additional
$200,000,000 is provided for this bridge program in section
126 from repurposed unobligated balances of TIFIA contract
authority.
Regional infrastructure accelerator [RIA] demonstration
program.--The agreement directs the Department to select at
least one accelerator for the RIA demonstration program that
serves a multi-State region and that supports at least one
project focused on public and private clean energy
investments in the nation's intermodal freight and logistics
networks, including efforts to reduce air emissions from
commercial vehicles that access ports and long haul
commercial vehicles.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 120 distributes the Federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the Federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America Act requirements.
Section 123 requires 60-day notification to the House and
Senate Committees on Appropriations for any grants awarded
under 23 U.S.C. 117.
Section 124 allows State DOTs to repurpose certain highway
project funding within 25 miles of its original designation.
Section 125 rescinds certain unobligated funds.
Section 126 repurposes unobligated funds for a new
activity.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement includes a liquidating cash appropriation of
$346,000,000 and a limitation on obligations of $411,000,000
for the operations and programs of the Federal Motor Carrier
Safety Administration [FMCSA]. Of this limitation,
$14,073,000 is for the research and technology program, and
not less than $99,098,000 is for information technology and
information management, to remain available for obligation
until September 30, 2026.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement includes a liquidating cash appropriation and
a limitation on obligations of $516,300,000 for motor carrier
safety grants. The following table provides funding levels
for activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Motor carrier safety assistance program........ $406,500,000
Commercial driver's license program 43,500,000
implementation program........................
High priority program.......................... 60,000,000
Commercial motor vehicle operators grant 1,300,000
program.......................................
Commercial motor vehicle enforcement training 5,000,000
and support grant program.....................
------------------------------------------------------------------------
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires the FMCSA to send notice of 49 CFR
section 385.308 violations by certified mail, registered
mail, or some other manner of delivery which records receipt
of the notice by the persons responsible for the violations.
Section 131 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The agreement provides $223,000,000 from the general fund
for operations and research for the National Highway Traffic
Safety Administration [NHTSA], to remain available through
September 30, 2025. The agreement does not specify an amount
for the new car assessment program or for crashworthiness.
Automatic emergency braking [AEB].--The agreement directs
NHTSA to brief the House and Senate Committees on
Appropriations within 30 days of enactment of this act on
[[Page S1871]]
the extent to which the AEB rulemaking will reduce pedestrian
fatalities occurring at night and involving vehicles
traveling faster than 37 miles per hour. The briefing shall
include a timeline for finalizing the AEB rulemaking, and
other driver assistance system regulations intended to reduce
pedestrian fatalities and injuries.
New car assessment program.--The agreement includes the
directives under this heading in House Report 118-154 and
Senate Report 118-70, except that the final roadmap required
by the Senate Report shall be required by April 30, 2024.
Virtual modeling and simulation.--The agreement directs
$4,000,000 to support the virtual review, assessment, and
validation of automated vehicles.
Automated vehicles.--The agreement includes the directives
under this heading in House Report 118-154 and Senate Report
118-70, except that the briefing required in the Senate
Report shall be provided by April 30, 2024.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $201,200,000, to remain available
until expended, which reflects the authorized level of
contract authority, and of which $57,500,000 shall remain
available until September 30, 2025. Of the total amount, the
agreement provides $194,000,000 for programs authorized under
section 403 of title 23, U.S.C., including behavioral
research on automated driving systems and advanced driver
assistance systems and improving consumer responses to safety
recalls, and section 25024 of Public Law 117-58. The
agreement does not include funding and direction included
under the last heading under this account in House Report
118-154.
Telematics research.--The agreement directs NHTSA to
research the potential public health and safety impacts of
telematics technologies to prevent distracted driving. The
research shall focus on applications of telematics data for
understanding the association between a range of driver
behaviors and crash risk and building prevention strategies
based on evidence. NHTSA is directed to report to the House
and Senate Committees on Appropriations within 270 days of
enactment of this act on the potential of telematics
technologies, including any testing, development, and
deployment strategies for the technology, as well as any
considerations that can be made for protecting privacy,
deployment of an opt-in framework, and data anonymization.
The agreement directs NHTSA to use up to $2,500,000 from the
amounts made available under the heading ``Vehicle Safety and
Behavioral Research Programs'' in title VIII of division J of
the IIJA for these activities.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement provides a liquidating cash appropriation and
an obligation limitation of $813,300,800 for highway traffic
safety grants, to remain available until expended.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 141 provides funding for travel and related
expenses for State management reviews and highway safety core
competency development training.
Federal Railroad Administration
SAFETY AND OPERATIONS
The agreement provides $267,799,000 for the safety and
operations of the Federal Railroad Administration [FRA], of
which $25,000,000 shall remain available until expended. The
agreement supports the funding directives for personnel as
identified in Senate Report 118-70 and provides the following
funding levels for specific activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Automated track inspection program............. No less than
$18,000,000
Positive train control support program......... Up to 1,000,000
Trespasser prevention.......................... Up to 3,000,000
Highway-rail grade crossing safety............. Up to 3,250,000
Confidential close call reporting system....... Up to 4,500,000
Grant and project development technical Up to 500,000
assistance, oversight.........................
------------------------------------------------------------------------
Intercity passenger rail competition.--The agreement
modifies the direction under this heading in House Report
118-154 to allow for competitive bidding procedures at the
option of eligible applicants.
Automated track inspection technologies.--Instead of the
direction under this heading in House Report 118-154, the
agreement directs the Department to continue to evaluate the
performance of automated track inspection technology as
directed in fiscal year 2023 and reminds the Department of
its outstanding reporting requirement from Public Law 117-
328.
Blocked crossings.--The agreement directs the FRA to
continue to use the information gathered through the FRA's
website on blocked railroad crossings in order to identify
the root causes of blocked crossing incidents and identify
meaningful solutions to prevent future occurrences. In doing
so, the agreement encourages the FRA to continue working with
all stakeholders, including communities, State and local
agencies, law enforcement, freight railroads, and others.
Further, the agreement directs the FRA to incorporate
information collected by the FRA from both the freight
railroads and the FRA's website on blocked railroad crossings
into the national highway-rail crossing inventory, to the
extent permissible under current law.
RAILROAD RESEARCH AND DEVELOPMENT
The agreement provides $54,000,000 for railroad research
and development, to remain available until expended. Of this
amount, up to $3,000,000 is available to make improvements at
the transportation technology center as authorized under 49
U.S.C. 20108(d).
Rolling stock equipment and components [RSEC] maintenance
and inspection.--The agreement includes no less than
$5,000,000 to support RSEC research to evaluate, test, and
demonstrate the effectiveness and efficiency of automated
inspection and maintenance equipment and procedures in order
to maximize gains in rail safety. This research shall include
the evaluation of existing wayside automated inspection/
defect detector technologies in order to assess manufacturer
performance, recommended practices, industry-developed
voluntary consensus technical standards, and railroad safety
data. The agreement expects this research and the subsequent
safety standards to reduce the likelihood of derailments from
equipment failures and foster the development of wayside and
onboard technologies that can provide continuous train
component health monitoring.
Alternative fuel locomotives.--The agreement provides not
less than $2,500,000 to further the research, development,
testing, and demonstration of innovative technologies and
solutions for low or no-emission alternative fuels for
locomotives, engine improvements, and motive power
technologies. The agreement directs the FRA to coordinate
such activities with the Department of Energy and the private
sector in order to achieve commercial use sooner.
Short-line safety.--The agreement continues $2,500,000 for
improving safety practices and training for class II and
class III freight railroads, including efforts to improve the
safe transportation of hazardous materials, freight, and
passenger rail. The agreement also includes an additional
$2,500,000 to acquire, modify, and renovate rail cars in
order to conduct hazardous materials emergency response
training.
Workforce development.--The agreement supports workforce
development programs that improve railroad industry employee
training, recruitment, and retention.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
The agreement provides $75,000,000 for Federal-state
partnership for intercity passenger rail grants as authorized
under 49 U.S.C. 24911, to remain available until expended.
Regional rail planning.--The agreement directs the
Secretary to exercise the authorities under 49 U.S.C.
24911(k) to withhold up to five percent of the total amounts
made available to carry out planning and development
activities related to the corridor identification and
development program authorized under 49 U.S.C. 25101,
including planning for rail systems as defined under 49
U.S.C. 26106(b)(4).
Northeast Corridor [NEC] project dashboard.--The agreement
directs the Northeast Corridor Commission to make publicly
available on the agency's website a dashboard for each NEC
project that receives funding under this heading that
summarizes key performance indicators and associated project
timelines. The dashboard for each project shall include the
amount of funding awarded, steps needed to complete the
project, estimated time left until completion of the project,
and the amount and status of matching contributions for the
project award. These dashboards should be used to support all
aspects of a project from planning through post construction
and can include both manual and automated systems.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $198,957,997 for consolidated rail
infrastructure and safety improvements grants as authorized
under 49 U.S.C. 22907, to remain available until expended. Of
this amount, $98,957,997 is for the purposes and amounts
specified in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement.
Further, the agreement directs that the specific funding
allocated in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included in this joint
explanatory statement shall not diminish or prejudice any
application or geographic region to receive other
discretionary grants or loans.
THE NATIONAL RAILROAD PASSENGER CORPORATION [AMTRAK]
The agreement provides a total of $2,427,763,000 for
Amtrak.
Station agents.--The agreement directs Amtrak to either
provide a station agent in each Amtrak station that had a
ticket agent position eliminated in fiscal year 2018 or, with
respect to any given station on that list, to instead reach
an agreement with the labor organization representing
employees at such station to provide a station agent in a
different station.
[[Page S1872]]
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The agreement provides $1,141,442,000, to remain available
until expended, for the Secretary to make grants to Amtrak
for activities associated with the NEC.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The agreement provides $1,286,321,000, to remain available
until expended, for the Secretary to make grants to Amtrak
for activities associated with the national network.
Chicago Union Station modernization.--Chicago Union Station
[CUS] is the hub for national network trains. Serving
millions of long-distance, State-supported, and commuter
passengers, CUS connects multiple intercity passenger rail
services and transit authorities and is the busiest corridor
outside of the NEC. The agreement recognizes the
accessibility, safety, and capacity improvements necessary at
CUS and directs $40,000,000 for design, acquisition, and
construction activities to improve the concourse and related
infrastructure at CUS. Concourse and mezzanine improvements
will improve safety and accessibility, expand access, and
increase capacity. Project work may also include mail
platform construction, dynamic signage, widening grade
crossings and other passenger safety enhancements and
refinements. Amtrak is directed to report to the House and
Senate Committees on Appropriations within 30 days of
enactment of this act on the use or planned use of such
funding.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
Section 150 allows the FRA to transfer certain amounts made
available in this and prior acts to the financial assistance
oversight and technical assistance account to support the
award, administration, project management oversight, and
technical assistance of grants administered by the FRA, with
an exception.
Section 151 limits overtime to $35,000 per Amtrak employee,
allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons, and requires Amtrak to submit a report on overtime
payments to the House and Senate Committees on
Appropriations.
Section 152 prohibits the use of funds made available to
Amtrak 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.
Section 153 prohibits the use of funds made available by
this act by Amtrak in contravention of the Worker Adjustment
and Retraining Notification Act.
Section 154 rescinds certain unobligated balances.
Section 155 expresses the sense of Congress that long-
distance passenger rail routes and services should be
sustained to ensure connectivity throughout the national
network.
Federal Transit Administration
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The agreement includes a liquidation of contract
authorization and a limitation on obligations from the mass
transit account for transit formula grants of
$13,990,000,000, as authorized by the IIJA.
TRANSIT INFRASTRUCTURE GRANTS
The agreement provides an additional $252,386,844 in
transit infrastructure grants, to remain available until
expended. Of the funds provided, $20,000,000 is available for
ferry boats grants as authorized under 49 U.S.C. 5307(h), of
which no less than $5,000,000 is available only for low or
zero emission ferries or ferries using electric battery or
fuel cell components and the infrastructure to support such
ferries; $500,000 is available for technical assistance and
resources to Tribes through the national rural transportation
assistance program authorized under 49 U.S.C. 5311(b)(3)(C);
$1,500,000 is available for bus testing facilities as
authorized under 49 U.S.C. 5318; $206,817,976 is available
for the purposes and amounts specified in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in this joint explanatory statement;
$20,000,000 is available for ferry service for rural
communities as authorized under section 71103 of division G
of Public Law 117-58; and $3,568,868 is available for
technical assistance, research, demonstration, or deployment
activities or projects to accelerate the adoption of zero
emission buses in public transit as authorized under 49
U.S.C. 5312.
The specific funding allocated in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included in this joint explanatory statement shall
not diminish or prejudice the application of a specific
project or geographic region to receive other discretionary
grants or loans.
TECHNICAL ASSISTANCE AND TRAINING
The agreement provides $7,500,000 for technical assistance
and training activities under 49 U.S.C. 5314, to remain
available until September 30, 2025. The funding provided
under this heading is supplemental to the funding provided
under the heading ``Transit Formula Grants'', as authorized
by the IIJA.
Small-urban, rural, and Tribal transit providers.--The
agreement directs that not less than $1,500,000 shall be for
a cooperative agreement for a technical assistance center to
assist small- urban, rural, and Tribal public transit
recipients and planning organizations with applied innovation
and capacity building.
Workforce development and standards-based training.--The
agreement directs that not less than $2,500,000 shall be for
a cooperative agreement consistent with the direction in
Senate Report 118-70.
CAPITAL INVESTMENT GRANTS
The agreement provides $2,205,000,000 for fixed-guideway
projects, to remain available until expended.
Of the funds provided in this act, $2,130,950,000 is
available for new starts projects, up to $52,000,000 is
available for the expedited project delivery pilot program,
and $22,050,000 is available for oversight activities
consistent with 49 U.S.C. 5338(c). The agreement adjusts the
set-asides of the amounts provided under this heading in
division J of the IIJA in order to ensure that, when combined
with amounts provided in this act and the amounts unallocated
from Public Law 117-103 and Public Law 117-328, the total
level of funding available will satisfy all projects that
currently have executed grant agreements with the FTA and
projects that met the requirements of 49 U.S.C. 5309 and are
anticipating grant agreements in fiscal year 2024.
Capital investment grants [CIG] administration.--The
agreement directs the FTA to continue to update the House and
Senate Committees on Appropriations, monthly, on the status
of projects that are in the current CIG funding pipeline.
This update should include anticipated milestone schedules
for advancing projects, especially those within 2 years of a
proposed full funding grant agreement. It should also
highlight and explain any potential cost and schedule changes
affecting projects.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The agreement provides $150,000,000 to carry out section
601 of division B of Public Law 110-432 and section 30019 of
the IIJA to remain available until expended.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)
(INCLUDING TRANSFER OF FUNDS)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this act that remain
unobligated by September 30, 2027, for fixed guideway capital
investment projects to be available for projects to use the
funds for the purposes for which they were originally
provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2023, from older accounts to be merged
into new accounts with similar current activities.
Section 163 prohibits the use of funds to adjust
apportionments pursuant to 26 U.S.C. 9503(e)(4).
Section 164 prohibits the use of funds to impede or hinder
project advancement or approval for any project seeking a
Federal contribution from the CIG program of greater than 40
percent of project costs.
Section 165 rescinds certain amounts.
Great Lakes St. Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The agreement provides $40,288,000 for the operations,
maintenance, and capital infrastructure activities of the
Great Lakes St. Lawrence Seaway Development Corporation
[GLS]. Of that amount, not less than $16,300,000 is provided
for the seaway infrastructure program. The agreement provides
$1,000,000 for trade and economic development activities at
the GLS, to be carried out in conjunction with system
stakeholders.
Maritime Administration
MARITIME SECURITY PROGRAM
(INCLUDING RESCISSION)
The agreement provides $318,000,000 for the maritime
security program, to remain available until expended, and
rescinds $17,000,000 in unobligated amounts made available in
prior fiscal years.
CABLE SECURITY FLEET
The agreement provides $10,000,000 for the cable security
fleet program, to remain available until expended.
TANKER SECURITY PROGRAM
(INCLUDING RESCISSION)
The agreement provides $60,000,000 for the tanker security
fleet program, to remain available until expended, and
rescinds $21,000,000 in unobligated amounts made available in
prior fiscal years.
OPERATIONS AND TRAINING
The agreement provides $267,775,000 for the Maritime
Administration's [MARAD] operations and training account. The
following table provides funding levels for activities within
this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
United States Merchant Marine Academy [USMMA] operations $92,729,000
USMMA facilities maintenance and repair, and equipment.. 22,000,000
USMMA capital improvement program....................... 70,000,000
Maritime environmental and technical assistance program. 7,500,000
United States marine highway program.................... 5,000,000
MARAD headquarters operations........................... 70,546,000
------------------------------------------------------------------------
National defense reserve fleet [NDRF] recapitalization.--
The agreement provides funding in Section 171 for the
Secretary of Transportation to complete vessel designs for
the purpose of constructing 10 sealift vessels for the
[[Page S1873]]
NDRF. MARAD shall assume the eventual construction of such
vessels will be through the use of a vessel construction
manager.
USMMA capital improvements.--The agreement does not require
a comprehensive master plan as requested in House Report 118-
154. The agreement reaffirms the requirement of the USMMA,
MARAD, and the Department to continue to provide quarterly
briefings to the House and Senate Committees on
Appropriations on the status of all short- and long-term
capital improvement plan [CIP] projects and provide an annual
report on all CIP projects in the same manner and context as
in previous fiscal years. The agreement directs the
Department to consider using design-build contracts in order
to expedite the renovation of academic facilities and related
pier infrastructure.
USMMA student safety and support.--The agreement provides
$92,729,000 for the USMMA operations which includes the
adjustment to base and $1,500,000 for activities proposed in
the budget request for the implementation of the National
Academy of Public Administration [NAPA] study
recommendations.
Sexual assault and sexual harassment at USMMA.--The
agreement reiterates the requirement in the fiscal year 2023
joint explanatory statement for the MARAD to report quarterly
in writing on the ways in which it is conducting outreach and
engagement in order to improve every mariner builds a
respectful culture [EMBARC] program carrier enrollment. This
requirement can also be satisfied in the quarterly USMMA CIP/
maintenance and repair activities briefings to Congress.
NAPA tracking.--The agreement acknowledges the Department's
submission of the initial report on the implementation of the
2021 NAPA USMMA recommendations, as required by Public Law
117-263, in September 2023. As a result, the briefing
requirement in Senate Report 118-70 under this heading is
modified to be provided to the appropriate congressional
committees upon submission of the next NAPA recommendation
implementation report.
STATE MARITIME ACADEMY OPERATIONS
The agreement provides $125,788,000 for State maritime
academy [SMA] operations. The following table provides
funding levels for activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Training ships.......................................... $22,000,000
National security multi-mission vessel program.......... 86,588,000
Student incentive program............................... 2,400,000
Fuel assistance payments................................ 8,800,000
Direct payments for SMAs................................ 6,000,000
------------------------------------------------------------------------
National security multi-mission vessel [NSMV] program.--The
agreement includes resources for steel cost increases, SMA
shore-side infrastructure improvements to support the
berthing and operation of the NSMVs, and the budget request
for operations and integration, as well as shore spares to
support the vessel class. The agreement reaffirms that all
NSMV program requirements included under this heading in
Senate Report 118-70 apply to these funds.
ASSISTANCE TO SMALL SHIPYARDS
The agreement provides $8,750,000 for the small shipyard
grant program, to remain available until expended.
SHIP DISPOSAL
(INCLUDING RESCISSION)
The agreement provides $6,000,000 for the ship disposal
program, to remain available until expended, and rescinds
$3,664,000 in unobligated amounts made available in prior
fiscal years.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $3,000,000 for the administrative
expenses of the Title XI program and directs that these funds
be transferred to the MARAD's operations and training
account. The agreement also provides $50,586,000 for loan
subsidy, to remain available until expended.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The agreement provides $120,460,124 for the port
infrastructure development program, to remain available until
expended. Of the total amount, the agreement provides
$70,460,124 for the purposes and amounts specified in the
table entitled ``Community Project Funding/ Congressionally
Directed Spending'' included in this joint explanatory
statement.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes the MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of the MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
Section 171 provides $12,000,000 for the Secretary of
Transportation to complete vessel designs for the purpose of
constructing 10 sealift vessels for the NDRF.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The agreement provides $31,681,000 for the necessary
operational expenses of the Pipeline and Hazardous Materials
Safety Administration [PHMSA], of which $4,500,000 shall
remain available until September 30, 2026.
HAZARDOUS MATERIALS SAFETY
The agreement provides $74,556,000 for the PHMSA's
hazardous materials safety functions, of which $12,070,000
shall remain available until September 30, 2026.
The agreement specifies that $1,000,000 shall be for
community safety grants as authorized by 49 U.S.C. 5107(i),
and up to $2,500,000 shall be for the State hazardous
materials safety inspection program. The funding level
provides no less than $5,070,000 for the PHMSA's hazardous
materials research and development program, including for
research activities related to the development of stronger,
safer tank cars and valves for tank cars, and other safety
features.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The agreement provides $218,186,000 for the PHMSA's
pipeline safety program, to remain available until September
30, 2026. Of that amount, $30,000,000 is derived from the oil
spill liability trust fund, $180,786,000 is derived from the
pipeline safety fund, $400,000 is derived from fees collected
under 49 U.S.C. 60303 and deposited in the liquefied natural
gas siting account, and $7,000,000 is derived from fees
collected under 49 U.S.C. 60302 and deposited in the
underground natural gas storage facility safety account.
The agreement provides the following levels for specific
activities within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Research and development................................ $12,500,000
Grants.................................................. up to
89,558,000
Operations.............................................. not less than
92,165,000
Programs................................................ not less than
23,963,000
------------------------------------------------------------------------
Pipeline leak prevention technology.--The agreement
includes $1,000,000 of the amounts provided for research and
development for a pilot program to test and validate existing
pipeline leak prevention and mitigation technologies,
including technologies that can be installed around existing
oil, gas, carbon dioxide, and hazardous liquid pipes or
installed with new pipelines to help protect high consequence
areas and unusually sensitive areas. The agreement directs
the PHMSA to provide a status of the pilot program to the
House and Senate Committees on Appropriations within 180 days
of enactment of this act.
Staffing and hiring plans.--The agreement provides not less
than $92,165,000 for operations, including salaries and
benefits, and for authorized activities. The agreement
includes the reporting requirement included under this
paragraph heading in House Report 118-154.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
The agreement provides an obligation limitation of
$46,825,000 for emergency preparedness grants, to remain
available until September 30, 2026.
The agreement directs the PHMSA to utilize carryover from
accumulated prior year balances. The agreement encourages the
PHMSA to ensure that small businesses are not
disproportionately affected by any reasonable, limited fee
changes.
Office of Inspector General
SALARIES AND EXPENSES
The agreement provides $116,452,000 for the salaries and
expenses of the Office of Inspector General.
General Provisions--Department of Transportation
Section 180 provides authorization for the DOT to maintain
and operate aircraft, hire passenger motor vehicles and
aircraft, purchase liability insurance, pay for uniforms, and
purchase and operate unmanned aircraft systems.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 up to the rate permitted for an executive
level IV.
Section 182 prohibits recipients of funds in this act from
disseminating personal information obtained by State
departments of motor vehicles in connection to motor vehicle
records with an exception.
Section 183 prohibits funds in this act for salaries and
expenses of more than 125 political and presidential
appointees in the DOT.
Section 184 stipulates that revenue collected by the FHWA
and the FRA from States, counties, municipalities, other
public authorities, and private sources for training may be
credited to specific accounts within the agencies, with an
exception for State rail safety inspectors participating in
training.
Section 185 prohibits the DOT from using funds 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 DOT gives a 3-
day advance notice to the House and Senate Committees on
Appropriations. The provision requires the DOT to provide 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 that will be announced with a 3-day advance notice to
the House and Senate Committees on Appropriations. The
provision also requires concurrent notice of any ``quick
release'' of funds from the FHWA's emergency relief program
and prohibits notifications from involving funds not
available for obligation.
[[Page S1874]]
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of the
DOT.
Section 187 requires reprogramming actions to be approved
or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 188 allows funds appropriated to operating
administrations to be obligated for the Office of the
Secretary for costs related to assessments only when such
funds provide a direct benefit to the operating
administrations.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits,
including distribution of transit benefits.
Section 190 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference
not otherwise authorized by law, only if certain requirements
are met related to availability of local labor, displacement
of existing employees, and delays in transportation plans.
Section 191 directs the Secretary of Transportation to work
with the Secretary of Homeland Security to ensure that best
practices for industrial control systems procurement are up
to date and that systems procured with funds provided under
this title were procured using such practices.
Section 192 prohibits funds from being used in
contravention of the American Security Drone Act of 2023.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Reorganizations and staffing realignments.--The agreement
approves the following proposed reorganizations described in
the fiscal year 2024 congressional budget justification and
subsequent information provided by the Department: the Office
of the Chief Information Officer; the Office of Departmental
Equal Employment Opportunity [ODEEO]; the Office of Chief
Financial Officer [OCFO]; the Office of the General Counsel;
and the Office of Housing, except for the proposals described
in the congressional budget justification on page 46-5 under
Office of Multifamily Housing, only the Asset Management and
Portfolio Oversight proposal is approved. The agreement does
not provide resources for additional personnel positions
requested for the ODEEO or OCFO Office of Strategic Planning
and Customer Experience reorganizations and directs those
offices to manage within current levels. The agreement
directs that as part of the Assistant CFO for Financial
Management reorganization within the OCFO, the Department
ensure office names are consistent with their purpose and
function. The agreement does not approve the proposed
realignment of the Office of Gender-Based Violence
Prevention, the creation of the Office of Fair Lending, or
the proposed creation of the Office of the National Fair
Housing Training Academy, but other proposed reorganizations
described on page 48-9 of the congressional budget
justification are approved. The agreement also does not
approve the creation of a separate Office of Resident
Services within the Office of Public and Indian Housing; the
proposed reorganization of the Office of Special Needs
Assistance Programs [SNAPS] within the Office of Community
Planning and Development; or the consolidation of the Office
of Administration, the Office of the Chief Human Capital
Officer, and the Office of the Chief Procurement Officer into
a single funding line. Finally, the agreement does not
approve any other realignments or reorganizations for fiscal
year 2024 not expressly approved within this paragraph.
Pending reports.--In the report on the status of pending
congressional reports submitted to the House and Senate
Committees on Appropriations on May 16, 2023, the Department
proposed to combine overlapping reports, replace certain
reports with briefings, and close reporting requirements that
have been overcome by events. The agreement approves all such
changes, except those on lines 332, 337, 395, 396, 397, 472,
504, 507, 509, 516, 517, 531, 547, 559, 618, 632, 646, 655,
662, and 668. The agreement directs that the aforementioned
reports be retained.
EXECUTIVE OFFICES
The agreement includes $19,400,000 for the salaries and
expenses for executive offices, available until September 30,
2025. The agreement does not approve a realignment of funding
for information technology end-user devices and wireless
support from the information technology fund to the salaries
and expenses accounts.
Of the amounts provided, not less than $600,000 shall be
allocated to the Office of Gender-Based Violence Prevention
to support the Director and three staff positions. Continued
failure to establish this office as directed by Congress is
unacceptable, and HUD shall implement this legislative
requirement within 90 days of enactment of this act.
ADMINISTRATIVE SUPPORT OFFICES
The agreement provides $686,400,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2025. The agreement does not approve a
realignment of funding for information technology end-user
devices and wireless support from the information technology
fund to the salaries and expenses accounts.
Of the amounts provided for the Office of Administration,
not less than $3,500,000 shall be for the modernization and
deferred maintenance of the Weaver Building.
The following table provides funding levels for activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer.......... $91,000,000
Office of the General Counsel.................. 129,700,000
[Departmental Enforcement Center].......... [not less than
21,700,000]
Office of Administration....................... 239,000,000
Office of the Chief Human Capital Officer...... 52,000,000
Office of the Chief Procurement Officer........ 32,000,000
Office of Field Policy and Management.......... 68,000,000
Office of Departmental Equal Employment 4,700,000
Opportunity...................................
Office of the Chief Information Officer........ 70,000,000
Total...................................... 686,400,000
------------------------------------------------------------------------
Hiring and separation report.--The agreement continues to
direct HUD to submit semiannual reports on hiring and
separations by program office, including the Office of
Inspector General and the Government National Mortgage
Association. This report shall include position titles,
location for FTP positions, associated FTEs, total number of
unfilled FTEs, and the length of time each individual FTE has
been unfilled. The report shall also include a trend analysis
on staffing levels in field offices versus headquarters.
PROGRAM OFFICES
The agreement provides $1,097,164,130 for the salaries and
expenses for program offices, available until September 30,
2025. The agreement does not approve a realignment of funding
for information technology end-user devices and wireless
support from the information technology fund to the salaries
and expenses accounts.
The following table provides funding levels for activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of Public and Indian Housing..................... $286,000,000
Office of Community Planning and Development............ 168,514,130
Office of Housing....................................... 487,550,000
Office of Policy Development and Research............... 41,000,000
Office of Fair Housing and Equal Opportunity............ 102,900,000
Office of Lead Hazard Control and Healthy Homes......... 11,200,000
Total............................................... 1,097,164,130
------------------------------------------------------------------------
Office of Housing.--The agreement does not include the
additional funding, authority, or directive related to
participating administrative entities included under this
heading in Senate Report 118-70.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
For the working capital fund, the agreement permits only
centralized activities and funds from this account to include
Federal shared services for financial management,
procurement, travel, relocation, and human resources;
printing; records management (including archiving services);
space renovation; furniture; and supply services. The
agreement does not approve a realignment of funding for
information technology end-user devices and wireless support
from the information technology fund to the salaries and
expenses accounts.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The agreement provides a combined total of $32,386,831,000,
to remain available until expended, for all tenant-based
section 8 activities, of which $6,000,000,000 is designated
as an emergency requirement.
The following table provides funding levels for activities
funded within this account.
------------------------------------------------------------------------
------------------------------------------------------------------------
Voucher renewals............................... $28,490,955,000
[Tribal HUD-Veterans Affairs supportive [up to 7,500,000]
housing [HUD-VASH]].......................
Administrative fees............................ 2,770,935,000
Tenant protection vouchers..................... 337,000,000
Section 811 mainstream vouchers................ 742,941,000
Incremental HUD-VASH vouchers.................. 15,000,000
Incremental family unification vouchers........ 30,000,000
Total...................................... 32,386,831,000
------------------------------------------------------------------------
Pilot demonstration on tenant leasing.--The agreement does
not include the authority for a pilot demonstration to use
housing assistance payments for tenant leasing expenses such
as security and utility deposits. As included in Senate
Report 118-70, the Department is directed to brief the House
and Senate Committees on Appropriations not less than
annually on the utilization of administrative fees for such
purposes to improve voucher utilization.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The agreement allows unobligated balances in the housing
certificate fund to be used for the renewal of or amendments
to section 8 project-based contracts and for performance-
based contract administrators.
PUBLIC HOUSING FUND
The agreement provides $8,810,784,000 for the public
housing fund to remain available until September 30, 2027.
Within the total, the agreement provides $5,475,784,000 for
the public housing operating formula for 2024 payments
(including amounts for resident participation pursuant to 24
CFR Part 990); $25,000,000 for need-based allocations to
public housing agencies [PHAs] that experience or are at risk
of financial shortfalls; $3,200,000,000 for allocations to
PHAs through the capital fund formula; $30,000,000 for
emergency capital needs, of which not less than $10,000,000
is for safety and security measures; $65,000,000 for
competitive grants to public housing agencies to evaluate and
reduce residential health hazards, including lead-based
paint, carbon monoxide, mold, radon, and fire safety, of
which $25,000,000 is specifically for lead hazards; and
$15,000,000 for administrative and judicial receiverships.
[[Page S1875]]
ASSISTED HOUSING INSPECTIONS AND RISK ASSESSMENTS
The agreement provides $50,000,000 for the Department's
inspection and assessment programs, to remain available until
September 30, 2025.
CHOICE NEIGHBORHOODS INITIATIVE
The agreement provides $75,000,000 for the choice
neighborhoods initiative, to remain available until September
30, 2028. Of this amount, not less than $37,500,000 shall be
made available to PHAs and not more than $10,000,000 is
available for planning grants.
SELF-SUFFICIENCY PROGRAMS
The agreement provides $195,500,000 for self-sufficiency
programs, to remain available until September 30, 2027. Of
the total, $140,500,000 is for the family self-sufficiency
program, $40,000,000 is for the resident opportunity and
self-sufficiency program, and $15,000,000 is for the jobs-
plus initiative [JPI]. The agreement does not provide
authority related to the payment of JPI financial and rent
incentives from housing assistance source accounts.
NATIVE AMERICAN PROGRAMS
The agreement provides $1,344,000,000 for Native American
programs, to remain available until September 30, 2028. The
agreement provides $1,111,000,000 for the Native American
housing block grant program; $150,000,000 for the competitive
Native American housing block grant program; $1,000,000 for
the title VI loan guarantee program; $75,000,000 for the
Indian community development block grant program; and
$7,000,000 for training and technical assistance.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The agreement provides $1,500,000 for the cost of
guaranteed loans, to remain available until expended. The
agreement allows HUD to use funds in this and prior acts for
the cost of guaranteed loans that are unobligated to
subsidize a total loan level of not more than $1,800,000,000
to remain available until September 30, 2025.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The agreement provides $22,300,000 for the Native Hawaiian
housing block grant program, to remain available until
September 30, 2028.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The agreement provides not more than $28,000,000 in loan
guarantee commitment authority, including the authority to
guarantee refinance loans, to remain available until
September 30, 2025.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The agreement provides $505,000,000 for the housing
opportunities for persons with AIDS [HOPWA] program, to
remain available until September 30, 2027.
COMMUNITY DEVELOPMENT FUND
The agreement provides $6,720,054,336 for the community
development fund, to remain available until September 30,
2027. Of the total, the agreement provides $3,300,000,000 in
community development block grant [CDBG] formula funding,
$30,000,000 for activities authorized under section 8071 of
the SUPPORT for Patients and Communities Act, $100,000,000
for grants to reduce barriers to affordable housing
development, and $3,290,054,336 for economic development
initiatives [EDIs].
EDIs.--The agreement directs HUD to provide funding for the
projects listed in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' at the end of
this joint explanatory statement in the corresponding
amounts. The agreement further directs HUD to provide semi-
annual briefings to the House and Senate Committees on
Appropriations on the implementation of EDIs and the
Department's oversight of projects. The agreement directs HUD
to provide regular written updates of technical changes to
projects that require congressional approval. Finally, the
agreement notes that HUD's communication and assistance to
grantees has, at times, been slow and inconsistent. The
agreement directs HUD to prioritize timely outreach and
responses to EDI grantees to ensure successful execution of
grants.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
The agreement provides the authority to collect fees from
borrowers adequate to result in a subsidy cost of zero and an
aggregate limitation on commitments of no more than
$400,000,000 for loan guarantees under section 108. Instead
of the request made in House Report 118-154 under this
heading, the agreement directs HUD to provide an update to
the House and Senate Committees on Appropriations regarding
the demand of the loan program no sooner than 180 days but no
later than 270 days after enactment of this act.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The agreement provides $1,250,000,000, to remain available
until September 30, 2027, for the HOME investment
partnerships program.
PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY ENHANCEMENT
The agreement provides $10,000,000 for the preservation and
reinvestment initiative for community enhancement [PRICE]
program, to remain available until September 30, 2028.
PRICE program implementation.--The agreement includes the
directive in House Report 118-154 under this heading, except
that HUD must provide the update to the House and Senate
Committees on Appropriations no later than 30 days after
enactment of this act.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The agreement provides $60,000,000, to remain available
until September 30, 2026. The agreement provides the
following funding levels for specific activities within this
account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Self-help homeownership opportunity program............. $12,000,000
Section 4 program....................................... 42,000,000
[Rural capacity building activities]................ [not less than
5,000,000]
National rural capacity building........................ 6,000,000
Total............................................... 60,000,000
------------------------------------------------------------------------
Capacity building to address the needs of Tribal
communities.--The agreement directs HUD to ensure that
section 4 grantees collectively invest not less than
$1,000,000 in targeted capacity building activities to
benefit Native Hawaiian, American Indian, and Alaska Native
communities and populations in areas including, but not
limited to, rural areas. This minimum investment is separate
from the required investment for rural capacity building
activities of not less than $5,000,000.
HOMELESS ASSISTANCE GRANTS
The agreement provides $4,051,000,000, to remain available
until September 30, 2026, for homeless assistance grants.
Funding is provided in the amounts shown in the following
table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Emergency solutions grants..................... $290,000,000
Continuum of care [CoC] and rural housing 3,544,000,000
stability assistance..........................
[Projects to assist survivors of domestic [52,000,000]
violence, dating violence, sexual assault,
or stalking]..............................
[Supportive service line items to address [25,000,000]
COLA].....................................
[Technical assistance]..................... [not less than
20,000,000]
National homeless data analysis project........ 10,000,000
Comprehensive approach to serving homeless 107,000,000
youth.........................................
[Youth homelessness system improvement [not less than
grants]................................... 25,000,000]
[Technical assistance]..................... [up to 10,000,000]
One-time award for new construction, 100,000,000
acquisition, or rehabilitation of new
permanent supportive housing..................
[Awards for States with populations less [not less than
than 2,500,000]........................... 35,000,000]
Total...................................... 4,051,000,000
------------------------------------------------------------------------
Improving access to healthcare and services.--Within the
amounts provided for technical assistance, the agreement
provides $2,500,000 to support efforts between HUD and the
Department of Health and Human Services to provide direct
technical assistance to communities leveraging programs, such
as medicaid, to cover and provide housing-related supportive
services and behavioral healthcare. The agreement also
includes $25,000,000 within the CoC program for supportive
service line items to address reasonable cost of living
adjustments.
Renewal of projects for specific populations.--The
agreement notes that when the House and Senate Committees on
Appropriations fund new projects for specific subpopulations
within this account (e.g., homeless youth or survivors of
domestic violence, dating violence, sexual assault or
stalking) it is the Committees' expectation that renewal
funding for such projects be used to continue serving the
specified subpopulation. The agreement directs HUD to
immediately consult with CoCs, youth action boards, and other
relevant stakeholders on appropriate conditions that should
be met before funds may be reallocated to either a different
subpopulation or the overall homeless population, and to
brief the House and Senate Committees on Appropriations on
such consultations within 30 days of enactment of this act.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The agreement provides a combined total of $16,010,000,000,
to remain available until expended, for project-based rental
assistance [PBRA] activities, of which $2,000,000,000 is
designated as an emergency requirement. Of the total, not
more than $468,000,000 is for performance-based contract
administrators [PBCAs], which, in addition to unobligated
balances available in the housing certificate fund, will be
sufficient to support PBCAs. The agreement does not include
additional funding for HUD to provide budget-based rent
adjustments to PBRA contracts that have been renewed through
the mark-to-market program.
Performance-based contract administrators.--The agreement
prohibits HUD from issuing a solicitation or accepting bids
on any solicitation that is substantially equivalent to the
draft solicitation entitled ``Housing Assistance Payments
(HAP) Contract Support Services (HAPSS)'' issued by HUD on
July 27, 2022. The agreement directs HUD to ensure that any
future funding arrangements for PBCAs do not impede housing
finance agencies or PHAs from competing on a state-basis.
Should HUD determine that a subsequent draft solicitation
that is not substantially equivalent to the July 27, 2022
draft solicitation is not feasible, the agreement directs HUD
to include a legislative proposal as part of the fiscal year
2025 budget request with detailed analysis for why such
changes are needed in order to avoid a disruption in PBCA
activities. If HUD determines that a
[[Page S1876]]
legislative proposal is necessary, HUD is directed to work
with relevant stakeholders to ensure any potential
legislative proposal results in effective and efficient
oversight and monitoring of the PBRA program, quality
services offered to property owners in each state, and
maintains safe, stable, and affordable housing for the over
1,300,000 households living in PBRA properties across the
country. The agreement recognizes that HUD faces a
complicated task of developing new PBCA arrangements before
the existing agreements expire and expects the Department to
liaise with the House and Senate Committees on
Appropriations, the House Committee on Financial Services,
and the Senate Committee on Banking, Housing, and Urban
Affairs on any necessary changes.
HOUSING FOR THE ELDERLY
The agreement provides $913,000,000 for the section 202
program, to remain available until September 30, 2027, of
which up to $112,000,000 shall be for service coordinators
and the continuation of existing congregate service grants.
This amount fully funds all annual project-based rental
assistance contract renewals and amendments.
HOUSING FOR PERSONS WITH DISABILITIES
The agreement provides $208,000,000 for the section 811
program, to remain available until September 30, 2027.
HOUSING COUNSELING ASSISTANCE
The agreement provides $57,500,000 for housing counseling,
including up to $4,500,000 for administrative contract
services, to remain available until September 30, 2025.
The agreement modifies direction in Senate Report 118-70
regarding the timing of grant obligations and instead directs
the Department to expeditiously obligate the comprehensive
housing counseling grants and notify the House and Senate
Committees on Appropriations if such obligations are not made
within 180 days of enactment of this act.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The agreement provides $14,000,000 for the manufactured
housing standards programs, to remain available until
expended, of which $14,000,000 is to be derived from fees
collected and deposited in the manufactured housing fees
trust fund.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The agreement sets a limit of up to $400,000,000,000 on
commitments to guarantee single-family loans and provides
$150,000,000 for administrative contract expenses, which
shall be available until September 30, 2025.
Increasing affordable housing supply.--The agreement
includes the directives under this heading in Senate Report
118-70 and requires the Federal Housing Administration [FHA]
to also take into consideration State and local laws in its
legislative proposals. The legislative proposals and
briefings shall be provided to the House and Senate
Committees on Appropriations, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The agreement sets a limit of up to $35,000,000,000 on
multifamily and specialized loan guarantees and provides that
such commitment authority shall be available until September
30, 2025.
Multifamily loan program.--The agreement directs the
Department to brief the House and Senate Committees on
Appropriations within 180 days of enactment of this act on
actions taken by the Department to respond to market
conditions and increase volume of FHA multifamily lending for
new construction and rehabilitation loans.
Government National Mortgage Association
Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account
The agreement sets a limit of up to $550,000,000,000 for
new commitments and provides $54,000,000 for salaries and
expenses for the Government National Mortgage Association,
which shall be available until September 30, 2025.
Non-personnel expenses.--The agreement notes the important
role the Government National Mortgage Association [GNMA]
plays in the U.S. mortgage market and global economy and the
resources needed to support this work, particularly during
times of budgetary uncertainties. However, the agreement
notes its expressed concern about the GNMA's understanding of
its resource needs as operational changes emerge. The
agreement directs the GNMA to continue to consult and confer
with the appropriations attorneys in the OCFO and to refer
all appropriations law issues to such attorneys within the
OCFO. These appropriations law staff routinely provide
prompt, accurate, and reliable information on various
appropriations law matters, including training HUD staff in
funds control procedures and directives, as required by
section 215 of this act. The agreement reiterates that all
communications regarding budget and appropriations issues
should be conducted through proper official channels,
consistent with the Office of Management and Budget guidance
and 18 U.S.C. 1913. The agreement also directs the GNMA to
submit quarterly reports to the House and Senate Committees
on Appropriations on the status of all non-personnel
expenses, including travel, training, conferences, contracts
and supplies, and how it is using carryover balances of
contingent spending authority from offsetting collections.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The agreement provides $119,000,000 for research and
technology activities and technical assistance, to remain
available until September 30, 2025, and an additional
$20,000,000 for competitive grants to nonprofit or
governmental entities to provide legal assistance to eligible
low-income tenants at risk of or subject to eviction, to
remain available until September 30, 2026. Funding is
provided in the amounts shown in the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Core research and technology................... No less than
$70,000,000
[Cooperative agreements and research [10,000,000]
partnerships with minority-serving
institutions].............................
Legal assistance to low-income tenants at risk $20,000,000
of or subject to eviction.....................
Research, evaluations, and demonstrations...... Up to 7,000,000
Technical assistance........................... Up to 42,000,000
[Manufactured housing communities]......... [up to 2,500,000]
Total...................................... 139,000,000
------------------------------------------------------------------------
Core research and technology.--The agreement provides not
less than $70,000,000 for the core research and technology
programs, including market surveys, research support and
dissemination, data acquisition, housing finance studies,
research partnerships, and housing technology, of which
$10,000,000 is for cooperative agreements and research
partnerships with historically Black colleges and
universities, Tribal colleges and universities, Hispanic
serving institutions, and Alaska Native and Native Hawaiian
serving institutions.
Research, evaluation, and demonstration.--The agreement
provides up to $7,000,000 for new and continuing studies and
demonstration evaluations, including Moving to Work [MTW]
expansion, Native American housing block grants competitive
program evaluation, and missing middle financing.
Technical assistance.--The agreement provides up to
$42,000,000 for technical assistance. The agreement further
directs the Department to continue to use funds included in
fiscal years 2022 and 2023 for training and technical
assistance to support implementation of the Violence Against
Women Act and to coordinate with entities whose primary
purpose and expertise is in assisting survivors of sexual
assault, domestic violence, dating violence, and/or stalking.
The agreement further directs that up to $2,500,000 shall be
available on a competitive basis to non-profit organizations
to provide technical assistance to resident-owned
manufactured housing communities, owners and residents of
manufactured housing and communities, and units of general
local government or States that have manufactured housing in
their community or are looking to expand manufactured housing
opportunities.
Fair Housing and Equal Opportunity
Fair Housing Activities
The agreement provides $86,355,000 for fair housing
activities, to remain available until September 30, 2025.
This includes $26,000,000 for the fair housing assistance
program, $56,000,000 for the fair housing initiatives program
[FHIP], $1,355,000 for the limited English proficiency
initiative, and $3,000,000 for the national fair housing
training academy. Of the funds available for FHIP, not less
than $10,400,000 is for education and outreach programs, and
not less than $3,700,000 is for fair housing organization
initiatives.
Office of Lead Hazard Control and Healthy Homes
Lead Hazard Reduction
(Including Transfer of Funds)
The agreement provides $345,000,000 for lead hazard control
and healthy homes programs, to remain available until
September 30, 2026. Of that amount, $49,400,000 shall be
derived from unobligated balances from prior year
appropriations for the lead risk assessment demonstration,
which has concluded.
The following table provides funding levels for activities
within this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Lead hazard reduction grants................... $200,000,000
[Areas with the highest lead-based paint [105,000,000]
abatement needs]..........................
Healthy homes initiative....................... 140,000,000
[Weatherization cooperation demonstration]. [5,000,000]
[Aging-in-place home modification grants].. [30,000,000]
Healthy homes technical studies................ 3,000,000
Radon testing and mitigation demonstration..... 2,000,000
Total...................................... 345,000,000
------------------------------------------------------------------------
New financing mechanism pilot.--The agreement does not fund
the pilot or include related directives under this heading in
House Report 118-154.
Improving the lead grant application process.--The
agreement directs HUD to continue to conduct outreach and
improve its NOFOs to encourage more grantees to apply,
especially those that may not have access to professional
grant writers, such as smaller and more rural communities.
Additionally, HUD shall continue to clearly state in its
NOFOs that an application may include nonprofit co-
applicants, provided that an eligible city, county/parish,
other unit of local government, or eligible State or Tribe
are identified as the lead or co-applicant. Non-profit co-
applicants may include community development financial
institutions that are positioned to accelerate the pace at
which low-income homeowners and rental property owners can
address lead paint hazards in high-risk communities.
[[Page S1877]]
Lead risk assessment.--The agreement directs the Offices of
Lead Hazard Control and Healthy Homes and Public and Indian
Housing to jointly engage with PHAs and other stakeholders to
assess why so few applications were submitted for the lead
risk assessment demonstration and brief the House and Senate
Committees on Appropriations on the findings of this
engagement no later than 270 days after the enactment of this
act.
Information Technology Fund
The agreement provides $383,050,000 for the information
technology fund, to remain available until September 30,
2026, of which up to $23,950,000 is available for
development, modernization, and enhancement [DME] projects.
The agreement includes an increase of $8,300,000 for
cybersecurity as requested but does not approve a realignment
of funding for information technology end-user devices and
wireless support from the information technology fund to the
salaries and expenses accounts.
The following table provides allocations of funds to
continue existing DME projects, which are subject to section
405 of this act:
------------------------------------------------------------------------
------------------------------------------------------------------------
Electronic special needs assistance..................... $5,000,000
Public and Indian Housing modernization................. 1,102,000
Line of credit control system/Treasury Administrative 3,000,000
Resource Center Oracle Federal financials financial
interface modernization................................
FHA modernization....................................... 3,000,000
Enterprise identity credential access management, zero 11,848,000
trust & trusted Internet connection....................
------------------------------------------------------------------------
Quarterly briefings.--The agreement does not require HUD to
submit information technology performance plans as directed
under this heading in House Report 118-154. Instead, the
agreement directs HUD to provide sufficient detail on DME
projects in its congressional justifications and to provide
quarterly briefings on information technology modernization
efforts as directed under this heading in Senate Report 118-
70. The briefings shall also summarize the status, cost, and
plan for all modernization projects.
Office Of Inspector General
The agreement provides $152,924,000 for the salaries and
expenses of the Office of Inspector General.
General Provisions--Department of Housing and Urban Development
(Including Rescissions)
(Including Transfer of Funds)
Section 201 splits overpayments evenly between the Treasury
and State housing finance agencies.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for government-sponsored enterprises
and others subject to the Government Corporation Control Act
and the Housing Act.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government
Corporation Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 exempts the Government National Mortgage
Association from certain requirements of the Federal Credit
Reform Act of 1990.
Section 209 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 210 sets forth certain requirements for section 8
eligibility and includes consideration for persons with
disabilities.
Section 211 distributes Native American housing block
grants to the same Native Alaskan recipients as in fiscal
year 2005.
Section 212 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 213 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 214 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 215 requires that no employee of the Department be
designated as an allotment holder unless the CFO determines
that such employee has received certain training.
Section 216 requires the Secretary to notify the public of
NOFOs for competitively awarded funds and establishes how
such notification may occur.
Section 217 requires attorney fees for programmatic
litigation to be paid from the individual program office and
the Office of General Counsel salaries and expenses
appropriations.
Section 218 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less,
appropriated under the headings ``Administrative Support
Offices'' or ``Program Offices'' to any other office funded
under such headings.
Section 219 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 220 places a salary and bonus limit on public
housing agency officials and employees.
Section 221 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced, and requires such
notification to include State and congressional district
information.
Section 222 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 223 prohibits the use of funds to terminate the
status of a unit of general local government as a
metropolitan city with respect to grants under section 106 of
the Housing and Community Development Act of 1974.
Section 224 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement
to be re-obligated for additional research.
Section 225 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 226 allows program income as an eligible match for
2015 through 2024 continuum of care funds.
Section 227 permits HUD to provide one year transition
grants under the continuum of care program.
Section 228 maintains current promise zone designations and
agreements.
Section 229 addresses the establishment of reserves for
public housing agencies designated as MTW agencies.
Section 230 prohibits funds from being used to make certain
eligibility limitations as part of a notice of funding
opportunity for competitive grant awards under the public
housing fund.
Section 231 makes programmatic changes to the rental
assistance demonstration.
Section 232 addresses the manner in which HUD may make
adjustments for formula allocation corrections.
Section 233 allows for transfers to the information
technology fund.
Section 234 requires compliance with all process
requirements when revising any annual contributions contract.
Section 235 establishes a nonrecurring expenses fund for
capital needs of the Department.
Section 236 rescinds certain unobligated balances.
Section 237 prohibits the use of funds by HUD to issue a
solicitation or accept bids on any solicitation that is
substantially equivalent to the draft solicitation entitled
``Housing Assistance Payments (HAP) Contract Supports
Services (HAPSS)'' posted on July 27, 2022.
Section 238 clarifies the use of funds for the family self-
sufficiency program.
Section 239 extends the expenditure period for certain
previously appropriated choice neighborhoods initiatives and
lead hazard reduction program funds.
Section 240 allows for limited transfer of funds from the
Office of Policy Development and Research to the information
technology fund.
Section 241 extends certain MTW agreements for 10 years.
Section 242 allows a 2-year NOFO for the continuum of care
program.
Section 243 allows the Secretary to waive or specify
alternatives for certain requirements for the mainstream and
family unification voucher programs.
TITLE III
RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The agreement provides $9,955,000 for salaries and
expenses.
Federal Maritime Commission
SALARIES AND EXPENSES
The agreement provides $40,000,000, of which $2,000,000
shall remain available until September 30, 2025, for the
salaries and expenses of the Federal Maritime Commission
[FMC]. Of the funds provided, not more than $3,500 shall be
available for official reception and representation expenses
and up to $629,628 is available for the FMC Office of
Inspector General.
National Railroad Passenger Corporation Office of Inspector General
SALARIES AND EXPENSES
The agreement provides $29,240,000 for the salaries and
expenses of the National Railroad Passenger Corporation
Office of Inspector General.
National Transportation Safety Board
SALARIES AND EXPENSES
The agreement provides $140,000,000 for the salaries and
expenses of the National Transportation Safety Board [NTSB].
The amounts provided will allow the NTSB to cover baseline
adjustments, and provide $5,693,000 for increased staffing,
program investments, and operational expenses. Within 30 days
of enactment of this act, the NTSB shall report to the House
and Senate Committees on Appropriations on the number of
staff on board in each office on October 1, 2023, and the
number of staff it anticipates having on board in each office
on September 30, 2024. The agreement directs the NTSB to
submit quarterly staffing data for each office, including
hiring and separations, to the House and Senate Committees on
Appropriations. The agreement directs the NTSB to include
both FTE and FTP data in future
[[Page S1878]]
budget justifications, and to ensure its staffing levels do
not exceed the level of staff supported by the amounts made
available in this act.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The agreement provides $158,000,000 for the Neighborhood
Reinvestment Corporation, operating under the trade name
``Neighbor Works America.''
Shared equity homeownership.--The agreement supports
NeighborWorks in its efforts to continue to advance shared
equity models, but does not specify a set-aside for such
activities. NeighborWorks is directed to work with affiliated
organizations with extensive experience in offering shared
equity homeownership opportunities as technical assistance
providers, and to continue to develop and enhance
professional development offerings around shared equity
housing.
Surface Transportation Board
SALARIES AND EXPENSES
The agreement provides $47,452,000 for the salaries and
expenses of the Surface Transportation Board [STB]. The
agreement permits the collection of up to $1,250,000 in user
fees to be credited to this appropriation and provides that
the general fund appropriation be reduced on a dollar-for-
dollar basis by the actual amount collected in user fees to
result in a final appropriation from the general fund
estimated at not more than $46,202,000.
United States Interagency Council on Homelessness
OPERATING EXPENSES
The agreement provides $4,300,000 for operating expenses of
the U.S. Interagency Council on Homelessness [USICH].
Annual reporting requirements.--The direction under this
heading in House Report 118-154 is modified to direct the
USICH to submit the fiscal year 2024 report no later than 120
days after the end of the fiscal year.
TITLE IV
General Provisions--This Act
Section 401 prohibits the use of funds 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.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming
and transfer authorities.
Section 406 provides that not to exceed 50 percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2025, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent
domain is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S.
Government, except where transfer authority is provided in
this or any other appropriations act.
Section 409 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 410 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 411 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, CFR.
Section 412 restricts the number of employees that agencies
may send to international conferences unless such attendance
is important to the national interest.
Section 413 caps the amount of fees the STB can charge or
collect for rate or practice complaints filed at the amount
authorized for district court civil suit filing fees.
Section 414 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 415 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 416 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 417 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 418 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene U.S. law or
Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 419 makes technical corrections to division L of
Public Law 117-103 and Public Law 117-328.
Section 420 prohibits funds made available by this act to
HUD from being used in contravention of 42 U.S.C. 5155.
Section 421 prohibits funds made available by this act to
the DOT from being used in contravention of 54 U.S.C. 306108.
Section 422 prohibits funds from being used to require the
use of inward-facing cameras or require a motor carrier to be
enrolled in the Department of Labor's registered
apprenticeship program as conditions for participation in the
safe driver apprenticeship pilot program.
Section 423 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 424 restates current law regarding eligibility and
ineligibility of immigrants to receive housing assistance.
Section 425 increases the weight limitations for certain
vehicles on the interstate in Mississippi and West Virginia
by special permit.
Section 426 prohibits funds made available to the DOT from
being used to enforce a mask mandate in response to the
COVID-19 virus.
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate,
respectively) included in the bill or this explanatory
statement, along with the name of each House Member, Senator,
Delegate, or Resident Commissioner who submitted a request to
the Committee of jurisdiction for each item so identified.
For each item, a Member is required to provide a
certification that neither the Member nor the Member's
immediate family has a financial interest, and each Senator
is required to provide a certification that neither the
Senator nor the Senator's immediate family has a pecuniary
interest in such congressionally directed spending item.
Neither the bill nor the explanatory statement contains any
limited tax benefits or limited tariff benefits as defined in
the applicable House and Senate rules.
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