[119th Congress Public Law 75]
[From the U.S. Government Publishing Office]
[[Page 140 STAT. 173]]
*Public Law 119-75
119th Congress
An Act
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes. <<NOTE: Feb. 3,
2026 - [H.R. 7148]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2026.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2026''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Payment to Widows and Heirs of Deceased Members of Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2026
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
__________
---------------------------------------------------------------------------
* Editorial note: This law contains text pages that are shorter than
other pages, which reflects the printed page in the signed law.
---------------------------------------------------------------------------
[[Page 140 STAT. 174]]
Title VIII--General Provisions--District of Columbia
DIVISION F--NATIONAL SECURITY, DEPARTMENT OF STATE, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2026
Title I--Department of State and Related Programs
Title II--Administration of Assistance
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION G--OTHER MATTERS
DIVISION H--FURTHER CONTINUING APPROPRIATIONS ACT, 2026
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
DIVISION J--HEALTH CARE EXTENDERS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
section of the Congressional Record on or about January 21, 2026, and
submitted by the chair of the Committee on Appropriations of the House,
shall have the same effect with respect to the allocation of funds and
implementation of divisions A through D of this Act as if it were a
joint explanatory statement of a committee of conference.
The explanatory statement regarding division A of H.R. 7006 of the
119th Congress, the explanatory statement regarding division B of H.R.
7006 of the 119th Congress, and the explanatory statement regarding
division C of H.R. 7006 of the 119th Congress, printed in the House
section of the Congressional Record on January 14, 2026, and submitted
by the chair of the Committee on Appropriations of the House, shall each
have the same effect with respect to the allocation of funds and
implementation of divisions E, F, and G, respectively, of this Act as if
they were each a joint explanatory statement of a committee of
conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2026.
SEC. 6. <<NOTE: Jill Marie LaMalfa.>> PAYMENT TO WIDOWS AND HEIRS
OF DECEASED MEMBERS OF CONGRESS.
For payment to Jill Marie LaMalfa, widow of Douglas L. LaMalfa, late
a Representative from the State of California, $174,000.
[[Page 140 STAT. 175]]
DIVISION A <<NOTE: Department of Defense Appropriations Act, 2026.>> --
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $54,538,366,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,544,559,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $16,990,389,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $38,768,392,000.
[[Page 140 STAT. 176]]
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on duty as described in section 20108 of title 10,
United States Code and cadets; for members of the Reserve Officers'
Training Corps; for expenses authorized by section 16131 of title 10,
United States Code; and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $1,494,342,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,733,696,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,712,359,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,002,925,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on
[[Page 140 STAT. 177]]
active duty under sections 10211, 10305, and 9038 of title 10, United
States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,701,115,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$10,476,992,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$5,467,187,000.
[[Page 140 STAT. 178]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$58,249,178,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $74,723,177,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the Navy,
and payments may be made upon the Secretary's certificate of necessity
for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$10,983,917,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$61,542,591,000: Provided, That not to exceed $8,238,000 may be used for
emergencies and extraordinary expenses, to be expended upon the approval
or authority of the Secretary of the Air Force, and payments may be made
upon the Secretary's certificate of necessity for confidential military
purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$5,687,748,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$56,089,818,000: Provided, That not more than $2,981,000 may be used for
the Combatant Commander Initiative Fund authorized under section 166a of
title 10, United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of Defense,
and
[[Page 140 STAT. 179]]
payments may be made upon the Secretary's certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $60,000,000 shall be made
available for the APEX Accelerators, of which not less than $5,000,000
shall be available for centers with eligible entities defined in 10
U.S.C. 4951(1)(D): Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to plan or implement
the consolidation or elimination of a budget or appropriations liaison
office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one
of the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That of the funds provided under this heading,
not less than $86,500,000 shall be made available to the Defense
Information Systems Agency for Defense Agencies and Field Activities
network optimization and transition costs: Provided further, That of the
funds provided under this heading, $3,121,000, to remain available until
September 30, 2027, shall be available only for expenses relating to
certain classified activities: Provided further, That of the funds
provided under this heading, $27,693,000, to remain available until
expended, shall be available only for expenses relating to certain
classified activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance appropriations or
research, development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the appropriations
to which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with operation
and maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That of the funds provided under
this heading, $3,673,457,000, of which $1,499,808,000, to remain
available until September 30, 2027, shall be available to provide
support and assistance to foreign security forces or other groups or
individuals to conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation programs:
Provided further, <<NOTE: Time period. Reports.>> That the Secretary of
Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate on the use
and status of funds made available in this paragraph: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $342,516,000, to remain available until September 30, 2027:
Provided, That such funds shall be available to the Secretary of Defense
in coordination with the Secretary of State, to provide assistance,
including training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation; construction
for facility fortification and humane treatment; and sustainment, to
foreign security forces, irregular forces, groups, or individuals
participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria, and their affiliated or associated
groups: Provided further, <<NOTE: Security mission. Notification.>> That
amounts made available under this heading shall be available to provide
assistance only for activities in a country designated by the Secretary
of
[[Page 140 STAT. 180]]
Defense, in coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and Syria, and
following written notification to the congressional defense committees
of such designation: Provided further, <<NOTE: Assessment. Iran.>> That
the Secretary of Defense shall ensure that prior to providing assistance
to elements of any forces or individuals, such elements or individuals
are appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups associated
with the Government of Iran; and receiving commitments from such
elements to promote respect for human rights and the rule of law:
Provided further, <<NOTE: Time period. Notification.>> That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, <<NOTE: Iraq.>> That the Secretary of Defense may accept and
retain contributions, including assistance in-kind, from foreign
governments, including the Government of Iraq and other entities, to
carry out assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein from any
foreign government or other entity may be credited to this Fund, to
remain available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall prioritize such
contributions when providing any assistance for construction for
facility fortification: Provided further, <<NOTE: Waiver
authority. Determination. Notice.>> That the Secretary of Defense may
waive a provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export Control Act
(22 U.S.C. 2780 and 2785) if the Secretary determines that such
provision of law would prohibit, restrict, delay or otherwise limit the
provision of such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives: Provided further, That <<NOTE: Notification.>> the
United States may accept equipment procured using funds provided under
this heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular forces,
or groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, and such equipment may be treated as
stocks of the Department of Defense upon written notification to the
congressional defense committees: Provided
further, <<NOTE: Determination. Notification.>> That equipment procured
using funds provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred to
security forces, irregular forces, or groups participating, or preparing
to participate in activities to counter the Islamic State of Iraq and
Syria may be treated as stocks of the Department of Defense when
determined by the Secretary to no longer be required for transfer to
such forces or groups and upon written notification to the congressional
defense committees: Provided further, That none of the funds made
available under this heading may be used to procure or transfer man-
portable air defense systems: Provided further, <<NOTE: Time
period. Reports.>> That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and sustainment
provided to each group or
[[Page 140 STAT. 181]]
individual, the area of operations for each group, and the contributions
of other countries, groups, or individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $3,258,861,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,421,774,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $319,941,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $4,246,342,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,578,238,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and
[[Page 140 STAT. 182]]
related expenses in non-Federal hospitals; maintenance, operation, and
repairs to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,267,399,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $21,243,000, of which not to exceed
$10,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Army,
$190,870,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Navy,
$368,949,000, to remain available until transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading
[[Page 140 STAT. 183]]
is in addition to any other transfer authority provided elsewhere in
this Act.
Environmental Restoration, Air Force
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Air Force,
$396,149,000, to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made available by this appropriation to other appropriations made
available to the Department of the Air Force, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of Defense,
$8,885,000, to remain available until transferred: Provided, That the
Secretary of Defense shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of Defense, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
<<NOTE: Determinations.>> For the Department of the Army,
$235,156,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period
[[Page 140 STAT. 184]]
as the appropriations to which transferred: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $100,793,000, to remain available until
September 30, 2027.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $282,830,000, to remain
available until September 30, 2028.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $50,846,000: Provided, That no other amounts may be otherwise
credited or transferred to the Account, or deposited into the Account,
in fiscal year 2026 pursuant to section 1705(d) of title 10, United
States Code.
[[Page 140 STAT. 185]]
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,625,324,000, to remain available for obligation until
September 30, 2028.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $7,287,263,000, to remain available for obligation until
September 30, 2028.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $3,005,021,000, to
remain available for obligation until September 30, 2028.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired,
[[Page 140 STAT. 186]]
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $4,576,705,000, to remain available for obligation
until September 30, 2028.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $9,412,655,000, to
remain available for obligation until September 30, 2028.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$17,239,853,000, to remain available for obligation until September 30,
2028.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $6,086,954,000, to remain available for obligation
until September 30, 2028.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United
[[Page 140 STAT. 187]]
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,098,630,000, to remain available for obligation
until September 30, 2028.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Columbia Class Submarine, $3,928,828,000;
Columbia Class Submarine (AP), $5,350,766,000;
Carrier Replacement Program (CVN-80), $1,046,700,000;
Carrier Replacement Program (AP), $612,038,000;
Carrier Replacement Program (CVN-81), $1,622,935,000;
Virginia Class Submarine, $2,740,305,000;
Virginia Class Submarine (AP), $3,126,816,000;
CVN Refueling Overhauls, $1,579,011,000;
DDG-1000 Program, $52,358,000;
DDG-51 Destroyer, $10,773,000;
DDG-51 Destroyer (AP), $1,750,000,000;
FFG-Frigate, $100,000,000;
FF(X)-Frigate, $242,000,000;
Medium Landing Ship, $800,000,000;
TAO Fleet Oiler, $8,346,000;
TAGOS Surtass Ships, $612,205,000;
Towing, Salvage, and Rescue Ship, $141,500,000;
Ship to Shore Connector, $320,000,000;
Service Craft, $174,602,000;
Auxiliary Personnel Lighter, $79,000,000;
Auxiliary Vessels, $290,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $886,846,000; and
Completion of Prior Year Shipbuilding Programs,
$1,676,587,000.
In all: $27,151,616,000, to remain available for obligation until
September 30, 2030: Provided, That additional obligations may be
incurred after September 30, 2030, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards:
[[Page 140 STAT. 188]]
Provided further, That funds appropriated or otherwise made available by
this Act for Columbia Class Submarine (AP) may be available for the
purposes authorized by subsections (f), (g), (h) or (i) of section 2218a
of title 10, United States Code, only in accordance with the provisions
of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $14,693,978,000, to remain available for obligation
until September 30, 2028: Provided, That such funds are also available
for the maintenance, repair, and modernization of ships under a pilot
program established for such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, $3,682,643,000, to remain available for obligation until
September 30, 2028.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $19,964,954,000, to remain available for
obligation until September 30, 2028.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices;
[[Page 140 STAT. 189]]
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $3,963,961,000,
to remain available for obligation until September 30, 2028.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $773,327,000, to remain available for obligation until
September 30, 2028.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $32,605,147,000, to remain available for
obligation until September 30, 2028.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,036,035,000, to remain
available for obligation until September 30, 2028.
[[Page 140 STAT. 190]]
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$7,142,723,000, to remain available for obligation until September 30,
2028.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $321,923,000, to remain available for
obligation until expended, which shall be obligated and expended by the
Secretary of Defense as if delegated the necessary authorities conferred
by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $800,000,000, to remain
available for obligation until September 30, 2028: Provided, That
the <<NOTE: Deadline. Assessments.>> Chiefs of National Guard and
Reserve components shall, not later than 30 days after enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition.
[[Page 140 STAT. 191]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $16,705,760,000, to
remain available for obligation until September 30, 2027.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $28,099,776,000, to
remain available for obligation until September 30, 2027: Provided, That
funds appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $50,614,595,000, to
remain available for obligation until September 30, 2027.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $14,917,160,000, to
remain available until September 30, 2027.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $35,248,875,000, to remain
available for obligation until September 30, 2027.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $336,143,000, to remain available for obligation until
September 30, 2027.
[[Page 140 STAT. 192]]
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $2,126,540,000.
National Defense Stockpile Transaction Fund
For the National Defense Stockpile Transaction Fund, $5,700,000, for
activities pursuant to the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98 et seq.).
[[Page 140 STAT. 193]]
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$41,770,246,000; of which $38,942,713,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2027, and of which up to
$21,023,765,000 may be available for contracts entered into under the
TRICARE program; of which $354,821,000, to remain available for
obligation until September 30, 2028, shall be for procurement; and of
which $2,472,712,000, to remain available for obligation until September
30, 2027, shall be for research, development, test and evaluation:
Provided, That of the funds provided under this heading for research,
development, test and evaluation, not less than $1,270,000,000 shall be
made available to the Defense Health Agency to carry out the
congressionally directed medical research programs: Provided further,
That, notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $15,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall submit to the congressional defense committees quarterly reports
on the current status of the electronic health record program: Provided
further, <<NOTE: Time period. Reviews.>> That the Comptroller General
of the United States shall perform quarterly performance reviews of the
electronic health record program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
$213,282,000, of which $3,243,000 shall be for operation and
maintenance, of which not less than $3,243,000 shall be for the Chemical
Stockpile Emergency Preparedness Program, consisting of $2,340,000 for
activities on military installations and $903,000, to remain available
until September 30, 2027, to assist State and local governments; and
$210,039,000, to remain available until September 30, 2027, shall be for
research, development, test and evaluation, of which $210,039,000 shall
only be for the Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and
[[Page 140 STAT. 194]]
for research, development, test and evaluation, $1,148,675,000, of which
$678,737,000 shall be for counter-narcotics support; $134,938,000 shall
be for the drug demand reduction program; $305,000,000 shall be for the
National Guard counter-drug program; and $30,000,000 shall be for the
National Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, <<NOTE: Determination.>> That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $517,599,000, of which $511,895,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon the
Inspector General's certificate of necessity for confidential military
purposes; of which $1,079,000, to remain available for obligation until
September 30, 2028, shall be for procurement; and of which $4,625,000,
to remain available until September 30, 2027, shall be for research,
development, test and evaluation.
[[Page 140 STAT. 195]]
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $629,128,000.
[[Page 140 STAT. 196]]
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. <<NOTE: Propaganda.>> No part of any appropriation
contained in this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further, That
this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign Service Act of
1980: Provided further, <<NOTE: Turkey.>> That the limitations of this
provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. <<NOTE: Time period.>> No more than 20 percent of the
appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer camp
training of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. <<NOTE: Determination.>> Upon determination by the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed $6,000,000,000
of working capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for military
functions (except military construction) between such appropriations or
funds or any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided
further, <<NOTE: Notification.>> That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, <<NOTE: Reprogramming requests.>> That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which
[[Page 140 STAT. 197]]
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, <<NOTE: Reprogramming requests. Deadline.>> That a request for
multiple reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2026: Provided further, That
transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds that
may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available by this Act for those programs, projects, and activities are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act:
Provided <<NOTE: Applicability.>> , That section 8005 of this Act shall
apply when transfers of the amounts described in subsection (a) occur
between appropriation accounts, subject to the limitation in subsection
(c): Provided further, That the transfer amount limitation provided in
section 8005 of this Act shall not apply to transfers of amounts
described in subsection (a) if such transfers are necessary for the
proper execution of such funds.
(c) During the current fiscal year, amounts specified in the
referenced tables in titles III and IV of this Act described in
subsection (a) may not be transferred pursuant to section 8005 of this
Act other than for proper execution of such amounts, as provided in
subsection (b).
Sec. 8007. <<NOTE: Reports.>> (a) Not later than 60 days after the
date of the enactment of this Act, the Department of Defense shall
submit a report to the congressional defense committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2026: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> Notwithstanding section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement: Provided, That this subsection shall not apply to
transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
[[Page 140 STAT. 198]]
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. <<NOTE: Notifications.>> During the current fiscal year,
cash balances in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States Code,
may be maintained in only such amounts as are necessary at any time for
cash disbursements to be made from such funds: Provided, That transfers
may be made between such funds: Provided further,
That <<NOTE: Determination. Approval.>> transfers may be made between
working capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Director of the Office of Management
and Budget, except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may be
made against a working capital fund to procure or increase the value of
war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. <<NOTE: Notification. Time period.>> Funds appropriated
by this Act may not be used to initiate, or materially modify the scope
of, a special access program without prior notification 30 calendar days
in advance to the congressional defense committees.
Sec. 8010. <<NOTE: Contracts. Notifications. Time periods. 10 USC
3501 note.>> (a) None of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year shall be available
to initiate: (1) a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year of the
contract or that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional defense
committees have been notified at least 30 days in advance of the
proposed contract award: Provided, That no part of any appropriation
made available to the Department of Defense for this fiscal year or any
prior fiscal year shall be available to initiate a multiyear contract
for which the economic order quantity advance procurement is not funded
at least to the limits of the Government's liability: Provided further,
That no part of any appropriation made available to the Department of
Defense for this fiscal year or any prior fiscal year shall be available
to initiate multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed $500,000,000
unless specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-day prior
notification to the congressional defense committees: Provided
further, <<NOTE: Analysis.>> That the execution of
[[Page 140 STAT. 199]]
multiyear authority shall require the use of a present value analysis to
determine lowest cost compared to an annual procurement.
(b) None of the funds made available to the Department of Defense
for this fiscal year or any prior fiscal year may be used for a
multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
(1) <<NOTE: Budget request.>> the Secretary of Defense has
submitted to Congress a budget request for full funding of units
to be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for which
procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal
year covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure.
(c) Concurrent with the annual budget submission of the President
for fiscal year 2027 pursuant to section 1105(a) of title 31, United
States Code, that is in compliance with subsection (b)(1), and
notwithstanding subsection (b)(4)(B) of section 804 of the National
Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60),
funds appropriated to the Department of Defense in title III of this Act
or in any other provision of law may be used for multiyear procurement
contracts, for a period of not more than five years, as follows:
Standard Missile-6; Long Range Anti-Ship Missile; Joint Air-to-Surface
Standoff Missile Extended Range; Advanced Medium-Range Air-to-Air
Missile; and Standard Missile-3 Block 1B; and for a period of not more
than seven years, as follows: PATRIOT Advanced Capability-3 Missile
Segment Enhancement; Terminal High Altitude Area Defense; and Tomahawk
Cruise Missile Systems: Provided, That until such submission is provided
to the congressional defense committees, to include P-1 and R-1 budget
justification documents, which shall identify the allocation of funds by
program, project, and activity, none of the funds made available to the
Department of Defense for this fiscal year or any prior fiscal year may
be obligated or expended to enter into any multiyear procurement
contracts: Provided further, That
before <<NOTE: Certification.>> entering into a multiyear procurement
contract for Tomahawk Cruise Missile Systems, Joint Air-to-Surface
Standoff Missile Extended Range, or Standard Missile-6, the Secretary of
Defense shall certify in writing to the congressional defense committees
that such action is in the national security interests of the United
States.
Sec. 8011. <<NOTE: Humanitarian assistance. Foreign countries.>>
Within the funds appropriated for the operation and maintenance of the
Armed Forces, funds are hereby appropriated pursuant to section 401 of
title 10, United States Code, for humanitarian and civic assistance
costs under chapter 20 of title 10, United States Code:
Provided, <<NOTE: Reports.>> That such funds may also be obligated for
humanitarian and civic assistance costs incidental
[[Page 140 STAT. 200]]
to authorized operations and pursuant to authority granted in section
401 of title 10, United States Code, and these obligations shall be
reported as required by section 401(d) of title 10, United States Code:
Provided further, That funds available for operation and maintenance
shall be available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the Pacific Islands
and freely associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239: Provided
further, <<NOTE: Determination. Hawaii. Territories.>> That upon a
determination by the Secretary of Defense that such action is beneficial
for graduate medical education programs conducted at Defense Health
Agency medical facilities located in Hawaii, the Secretary of Defense
may authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. None of the funds appropriated by this or any other Act,
including prior year Acts, may be used to obligate and expend funds in
the Defense Modernization Account made available in accordance with
subsection (c) of section 3136 of title 10, United States Code, except
for the purposes described in paragraphs (d)(1) through (d)(4):
Provided, That any program increases, as detailed in the tables titled
Explanation of Project Level Adjustments in the explanatory statement
regarding this Act, may not be transferred to the Defense Modernization
Account pursuant to subsection (c) of section 3136 of title 10, United
States Code.
Sec. 8013. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8014. None of the funds available in this Act to the Department
of Defense, other than appropriations made for necessary or routine
refurbishments, upgrades, or maintenance activities, shall be used to
reduce or to prepare to reduce the number of deployed and non-deployed
strategic delivery vehicles and launchers below the levels set forth in
the report submitted to Congress in accordance with section 1042 of the
National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 4902 of title 10, United States Code, under the
authority of this provision or any other transfer authority contained in
this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2027
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. <<NOTE: Anchor and mooring chain.>> None of the funds in
this Act may be available for the purchase by the Department of Defense
(and its departments
[[Page 140 STAT. 201]]
and agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, <<NOTE: Definition.>> That for the purpose of this section,
the term ``manufactured'' shall include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, <<NOTE: Waiver
authority. Certification.>> That when adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis, the Secretary of the Service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8017. <<NOTE: Alcohol and alcoholic beverages.>> None of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, <<NOTE: Applicability.>> That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. <<NOTE: Arms and munitions. Certification.>> None of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, <<NOTE: Waiver authority. Certification.>> That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8020. Of the funds made available in this Act under the heading
``Procurement, Defense-Wide'', $24,613,000 shall be
[[Page 140 STAT. 202]]
available only for incentive payments authorized by section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That <<NOTE: Contracts.>> a prime contractor or a subcontractor at any
tier that makes a subcontract award to any subcontractor or supplier as
defined in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals defined
under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making appropriations for the Department of Defense with respect to any
fiscal year: Provided further, <<NOTE: Applicability.>> That
notwithstanding section 1906 of title 41, United States Code, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part, by any subcontractor or supplier defined in section
1544 of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8021. <<NOTE: Native Americans. State listing.>> (a)
Notwithstanding any other provision of law, the Secretary of the Air
Force may convey at no cost to the Air Force, without consideration, to
Indian tribes located in the States of Nevada, Idaho, North Dakota,
South Dakota, Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base, Malmstrom
Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base,
and Minot Air Force Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. <<NOTE: Determination.>> Any such
conveyance shall be subject to the condition that the housing units
shall be removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 may be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
[[Page 140 STAT. 203]]
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $100,000,000 shall be available to maintain competitive rates at
the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $79,000,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $57,900,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $17,800,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $3,300,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) <<NOTE: Waiver.>> The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for counter-
drug activities in support of Federal, State, and local government
agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) Except when acting in a technical advisory capacity, no member
of a Board of Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a defense
FFRDC, or any entity that contracts with the Federal government to
manage or operate one or more FFRDCs, or any paid consultant to a
defense FFRDC shall receive funds appropriated by this Act as
compensation for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when engaged
in the performance of membership duties: Provided further, That except
when acting in a technical advisory capacity, no paid consultant shall
receive funds appropriated by this Act as compensation by more than one
FFRDC in a calendar year.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
appropriated in this Act, not more than $2,886,300,000 may be funded for
professional technical staff-related costs of the defense FFRDCs:
Provided, That within such funds, not more than $461,300,000 shall be
available for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program and
[[Page 140 STAT. 204]]
the Military Intelligence Program: Provided
further <<NOTE: Reports. Budget estimates.>> , That the Secretary of
Defense shall, with the submission of the department's fiscal year 2027
budget request, submit a report presenting the specific amounts of staff
years of technical effort to be allocated for each defense FFRDC by
program during that fiscal year and the associated budget estimates, by
appropriation account and program.
Sec. 8027. <<NOTE: Definition. 22 USC 8925a note.>> For the
purposes of this Act, the term ``congressional defense committees''
means the Armed Services Committee of the House of Representatives, the
Armed Services Committee of the Senate, the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8028. <<NOTE: Definition.>> For the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8029. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of
Defense depot maintenance activities and private firms:
Provided, <<NOTE: Certification. Cost estimates.>> That the Senior
Acquisition Executive of the military department or Defense Agency
concerned, with power of delegation, shall certify that successful bids
include comparable estimates of all direct and indirect costs for both
public and private bids: Provided further, That Office of Management and
Budget Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. <<NOTE: Compliance.>> (a) None of the funds appropriated
in this Act may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
(b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>> If the
Secretary of Defense determines that a person has been convicted of
intentionally affixing a label bearing a ``Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance with section
4658 of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality competitive, and available in a timely fashion.
Sec. 8031. <<NOTE: Contracts.>> None of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy, or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United States or Canada:
Provided, <<NOTE: Applicability.>> That these procurement restrictions
shall apply to any and all Federal Supply
[[Page 140 STAT. 205]]
Class 9515, American Society of Testing and Materials (ASTM) or American
Iron and Steel Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, <<NOTE: Waiver
authority. Certification.>> That the Secretary of the military
department responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to contracts
which are in being as of the date of the enactment of this Act.
Sec. 8032. <<NOTE: Determination. Contracts. Rescission. 41 USC 8304
note.>> (a)(1) If the Secretary of Defense, after consultation with the
United States Trade Representative, determines that a foreign country
which is party to an agreement described in paragraph (2) has violated
the terms of the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) <<NOTE: Memorandum.>> An agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2026. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8033. <<NOTE: Contracts. Ball and roller bearings.>> None of
the funds appropriated by this Act may be used for the procurement of
ball and roller bearings other than those produced by a domestic source
and of domestic origin: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of the military department
responsible for such procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, <<NOTE: Applicability.>> That this restriction shall
not apply to the purchase of ``commercial products'', as defined by
section 103 of title 41, United States Code, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8034. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $50,000,000, to remain available until September 30,
2027, shall be available to the Secretary of Defense, in coordination
with the Secretary of State, to provide
[[Page 140 STAT. 206]]
assistance to the Lebanese Armed Forces, including training, equipment,
logistics support, supplies and services, stipends, infrastructure
repair and renovation, and sustainment: Provided, <<NOTE: Lebanese Armed
Forces.>> That the Secretary of Defense shall ensure that the Lebanese
Armed Forces are vetted prior to providing assistance, including at a
minimum, assessing for associations with terrorist groups and receiving
a commitment to promote respect for human rights and the rule of law:
Provided further, <<NOTE: Time period. Notification.>> That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
the funds provided in this section, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, <<NOTE: Waiver authority. Determination. Notice.>> That the
Secretary of Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and 40A of the
Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the congressional defense
committees, the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives: Provided further, <<NOTE: Time
period. Reports.>> That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided in this section, including, but not limited to, the number of
individuals trained within the Lebanese Armed Forces, the nature and
scope of support and sustainment provided to the Lebanese Armed Forces,
the area of operations for the Lebanese Armed Forces, and the
contributions of other countries, groups, or individuals.
Sec. 8035. <<NOTE: Supercomputers. Certification.>> None of the
funds in this Act may be used to purchase any supercomputer which is not
manufactured in the United States, unless the Secretary of Defense
certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8036. <<NOTE: Waiver authority. Determination.>> (a) The
Secretary of Defense may, on a case-by-case basis, waive with respect to
a foreign country each limitation on the procurement of defense items
from foreign sources provided in law if the Secretary determines that
the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of
Defense and the foreign country, or would invalidate reciprocal trade
agreements for the procurement of defense items entered into under
section 4851 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the
United States for that country.
(b) <<NOTE: Applicability. Contracts. Effective date.>> Subsection
(a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States
[[Page 140 STAT. 207]]
and products classified under headings 4010, 4202, 4203, 6401 through
6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40,
7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. <<NOTE: Flags. 10 USC 4862 note.>> None of the funds
made available in this Act, or any subsequent Act making appropriations
for the Department of Defense, may be used for the purchase or
manufacture of a flag of the United States unless such flags are treated
as covered items under section 4862(b) of title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account shall be available until expended for the payments specified by
section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $350,000: Provided, <<NOTE: Determination.>> That upon
determination by the Secretary of Defense that such action is necessary
to meet the operational requirements of a Commander of a Combatant
Command engaged in a named contingency operation overseas, such funds
may be used to purchase items having an investment item unit cost of not
more than $500,000.
Sec. 8040. Up to $16,809,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the United States Indo-Pacific Command to execute Theater Security
Cooperation activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising with foreign
security forces: Provided, That <<NOTE: Humanitarian assistance.>> funds
made available for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance or
combined exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any other
provision of law.
Sec. 8041. <<NOTE: Regulations. Tobacco and tobacco products. 10 USC
2484 note.>> The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in military
resale outlets in the United States, its territories and possessions at
a price below the most competitive price in the local community:
Provided, That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail outlets shall be
within the range of prices established for military retail system stores
located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) <<NOTE: Budget request. Contracts.>> The fiscal year 2027 budget
request for the Department of Defense as well as all justification
material and other documentation supporting the fiscal year 2027
Department of Defense budget
[[Page 140 STAT. 208]]
shall be prepared and submitted to the Congress on the basis that any
equipment which was classified as an end item and funded in a
procurement appropriation contained in this Act shall be budgeted for in
a proposed fiscal year 2027 procurement appropriation and not in the
supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8043. <<NOTE: 50 USC 3521 note.>> None of the funds
appropriated by this Act for programs of the Central Intelligence Agency
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2027: Provided, That funds
appropriated, transferred, or otherwise credited to the Central
Intelligence Agency Central Services Working Capital Fund during this or
any prior fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2027: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community, shall remain available until
September 30, 2028.
Sec. 8044. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the Department of Defense who is
transferred or reassigned from a headquarters activity if the
member or employee's place of duty remains at the location of
that headquarters.
(b) <<NOTE: Waiver authority. Determination. Certification.>> The
Secretary of Defense or Secretary of a military department may waive the
limitations in subsection (a), on a case-by-case basis, if the Secretary
determines, and certifies to the Committees on Appropriations of the
House of Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial requirements of
the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) <<NOTE: Determination.>> an Army field operating agency
established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8045. <<NOTE: Contracts. Effective date.>> (a) None of the
funds appropriated by this Act shall be available to convert to
contractor performance an activity or function of the Department of
Defense that, on or after the
[[Page 140 STAT. 209]]
date of the enactment of this Act, is performed by Department of Defense
civilian employees unless--
(1) <<NOTE: Plan.>> the conversion is based on the result of
a public-private competition that includes a most efficient and
cost effective organization plan developed by such activity or
function;
(2) <<NOTE: Determination.>> the Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly to the Department of Defense
by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United
[[Page 140 STAT. 210]]
States Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985:
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2020/
2031, $240,245,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2022/
2026, $418,624,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2023/
2027, $483,391,000;
``Cooperative Threat Reduction Account'', 2024/2026,
$33,936,000;
``Other Procurement, Army'', 2024/2026, $15,000,000;
``Weapons Procurement, Navy'', 2024/2026, $2,943,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2024/
2028, $1,271,572,000;
``Aircraft Procurement, Air Force'', 2024/2026, $25,397,000;
``Missile Procurement, Air Force'', 2024/2026, $41,189,000;
``Procurement, Space Force'', 2024/2026, $107,100,000;
``Defense Health Program'', 2024/2026, $10,473,000;
``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', 2025/2026, $50,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2025/2027, $452,647,000;
``Other Procurement, Army'', 2025/2027, $119,887,000;
``Aircraft Procurement, Navy'', 2025/2027, $155,711,000;
``Weapons Procurement, Navy'', 2025/2027, $200,272,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2025/
2029, $151,230,000;
``Aircraft Procurement, Air Force'', 2025/2027,
$193,555,000;
``Missile Procurement, Air Force'', 2025/2027, $209,045,000;
``Other Procurement, Air Force'', 2025/2027, $186,638,000;
``Procurement, Space Force'', 2025/2027, $339,196,000;
``Procurement, Defense-Wide'', 2025/2027, $11,807,000;
``Research, Development, Test and Evaluation, Army'', 2025/
2026, $178,735,000;
``Research, Development, Test and Evaluation, Navy'', 2025/
2026, $82,461,000;
``Research, Development, Test and Evaluation, Air Force'',
2025/2026, $329,435,000;
``Research, Development, Test and Evaluation, Space Force'',
2025/2026, $370,149,000; and
``Defense Modernization Account , Defense-Wide'', 2025/2028,
$28,249,000.
Sec. 8047. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying
[[Page 140 STAT. 211]]
any administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions
are a direct result of a reduction in military force structure.
Sec. 8048. <<NOTE: North Korea.>> None of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose: Provided, <<NOTE: Armed
Forces remains.>> That this restriction shall not apply to any
activities incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed Forces
personnel from the Democratic People's Republic of Korea.
Sec. 8049. <<NOTE: Drugs and drug abuse. 10 USC 274 note.>> (a) None
of the funds available to the Department of Defense for any fiscal year
for drug interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) <<NOTE: 50 USC 3506 note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
Sec. 8050. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act, $49,000,000 is hereby appropriated to
the Department of Defense: Provided, <<NOTE: Determination.>> That upon
the determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget. <<NOTE: Reports.>> The Secretary of each
military department, the Director of each Defense Agency, and the head
of each other relevant component of the Department of Defense shall
submit to the congressional defense committees, concurrent with
submission of the budget justification documents to Congress pursuant to
section 1105 of title 31, United States Code, a report with a detailed
accounting of the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides taken from
programs, projects, or activities within such department, agency, or
component during the most recently completed fiscal year.
Sec. 8052. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
[[Page 140 STAT. 212]]
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8054. <<NOTE: Reimbursement.>> (a) Notwithstanding any other
provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any
person or entity on a space-available, reimbursable basis. The Chief of
the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8055. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
(b) <<NOTE: Determination.>> The limitation under subsection (a)
shall not apply to an individual C-40 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer mission
capable due to a Class A mishap.
(c) <<NOTE: Certification.>> If the Secretary determines under
subsection (b) that an aircraft is no longer mission capable, the
Secretary shall submit to the congressional defense committees a
certification in writing that the status of such aircraft is due to a
Class A mishap and not due to lack of maintenance, repairs, or other
reasons.
(d) <<NOTE: Reports.>> Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary steps taken
by the Department of Defense to meet the travel requirements for
official or representational duties of members of Congress and the
Cabinet in fiscal years 2026 and 2027.
Sec. 8056. <<NOTE: Certifications.>> (a) None of the funds
appropriated in title IV of this Act may be used to procure end-items
for delivery to military forces for operational training, operational
use, or inventory requirements: Provided, That this restriction does not
apply to end-items used in development, prototyping in accordance with
an approved test strategy, and test activities preceding and leading to
acceptance for operational use.
(b) If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there is
a bonafide need for the additional end-items at the time of submittal to
Congress of the budget of the President for fiscal year 2027 pursuant to
section 1105 of
[[Page 140 STAT. 213]]
title 31, United States Code: Provided, That this restriction does not
apply to programs funded within the National Intelligence Program.
(c) <<NOTE: Reports.>> The Secretary of Defense shall, at the time
of the submittal to Congress of the budget of the President for fiscal
year 2027 pursuant to section 1105 of title 31, United States Code,
submit to the congressional defense committees a report detailing the
use of funds requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and test
activities preceding and leading to acceptance for operational use:
Provided, <<NOTE: List.>> That the report shall set forth, for each end
item covered by the preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in that
proviso were used for such item: Provided
further <<NOTE: Compliance.>> , That the Secretary of Defense shall, at
the time of the submittal to Congress of the budget of the President for
fiscal year 2027 pursuant to section 1105 of title 31, United States
Code, submit to the congressional defense committees a certification
that funds requested for fiscal year 2027 in research, development, test
and evaluation accounts are in compliance with this section: Provided
further <<NOTE: Waiver authority.>> , That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in writing
to the Subcommittees on Defense of the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8058. <<NOTE: Time period. Reports. Strategies. Cost
estimates.>> Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start Defense Innovation
Acceleration (PE 0603838D8Z) or Rapid Prototyping Program (PE
0604331D8Z) demonstration project with a value of more than $5,000,000
may only be obligated 15 days after a report, including a description of
the project, the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing to the
congressional defense committees: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the congressional
defense committees that it is in the national interest to do so.
Sec. 8059. <<NOTE: Classified information. Time period. Reports.>>
The Secretary of Defense shall continue to provide a classified
quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate, Subcommittees on Defense on certain
matters as directed in the classified annex accompanying this Act.
Sec. 8060. Notwithstanding section 12310(b) of title 10, United
States Code, a servicemember who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of title
32, United States Code, may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense System.
Sec. 8061. <<NOTE: Arms and munitions. Contracts.>> None of the
funds provided in this Act may be used to transfer to any
nongovernmental entity ammunition held
[[Page 140 STAT. 214]]
by the Department of Defense that has a center-fire cartridge and a
United States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', ``armor-
piercing incendiary tracer (API-T)'', ``general purpose (GP)'',
``special purpose (SP)'' except 9mm, or ``enhanced performance round
(EPR)'', except to an entity performing demilitarization services for
the Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that the
above listed projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8062. <<NOTE: Waiver authority. Time period.>> Notwithstanding
any other provision of law, the Chief of the National Guard Bureau, or
their designee, may waive payment of all or part of the consideration
that otherwise would be required under section 2667 of title 10, United
States Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or their designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Army'', $218,015,597 shall remain available
until expended: Provided, That, notwithstanding any other provision of
law, the Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government: Provided
further, <<NOTE: Contracts. Real property.>> That the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section: Provided further, <<NOTE: Determination.>> That contracts
entered into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, <<NOTE: Compliance. Determination.>> That projects authorized
by this section shall comply with applicable Federal, State, and local
law to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
Sec. 8064. (a) None of the funds appropriated in this or any other
Act, including prior year Acts, may be used to implement a change to--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence
[[Page 140 STAT. 215]]
Program budget at or below the Expenditure Center level, provided such
change is otherwise in accordance with subsection (a).
(c) <<NOTE: Study. Proposals.>> The Director of National
Intelligence and the Secretary of Defense may jointly study and develop
detailed proposals for alternative budget presentation and appropriation
accounts. <<NOTE: Risk assessment.>> Such study shall include a
comprehensive counterintelligence risk assessment to ensure that none of
the alternative processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) <<NOTE: Certifications. Attestations.>> receive
certification from all affected agencies attesting that the
proposed alternatives will not adversely affect
counterintelligence; and
(3) <<NOTE: Deadline.>> not later than 30 days after
receiving all necessary certifications under paragraph (2),
present the proposed alternatives and certifications to the
congressional defense and intelligence committees.
(including transfer of funds)
Sec. 8065. In addition to amounts made available elsewhere in this
Act, $25,000,000 is hereby appropriated to the Department of Defense and
made available for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and evaluation
accounts only for those efforts by the Commander, United States Africa
Command to expand cooperation, share operational information, advance
interoperability, or improve the capabilities of our allies and partners
in their area of operation: Provided, <<NOTE: Time period. Execution
plan.>> That none of the funds provided under this section may be
obligated or expended until 30 days after the Secretary of Defense
provides to the congressional defense committees an execution plan:
Provided further, <<NOTE: Time period. Notifications.>> That not less
than 15 days prior to any transfer of funds, the Secretary of Defense
shall notify the congressional defense committees of the details of any
such transfer: Provided further, That upon transfer, the funds shall be
merged with and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided further,
That the transfer authority provided under this section is in addition
to any other transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8066. During the current fiscal year, not to exceed $11,000,000
from each of the appropriations made in title II of this Act for
``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
(including transfer of funds)
Sec. 8067. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided,
[[Page 140 STAT. 216]]
That <<NOTE: Determination. Grants. Fisher House Foundation,
Inc.>> notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to
the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8069. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command operational and administrative control of United
States Navy forces assigned to the Pacific fleet:
Provided, <<NOTE: Proposal.>> That the command and control
relationships which existed on October 1, 2004, shall remain in force
until a written modification has been proposed to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That <<NOTE: Time period. Notification.>> the proposed
modification may be implemented 30 days after the notification unless an
objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8070. <<NOTE: Notice. 10 USC 3601 note.>> Any notice that is
required to be submitted to the Committees on Appropriations of the
House of Representatives and the Senate under section 3601 of title 10,
United States Code, as added by section 804(a) of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023 shall be
submitted pursuant to that requirement concurrently to the Subcommittees
on Defense of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test
and Evaluation, Defense-Wide'', $500,000,000 shall be for the Israeli
Cooperative Programs: Provided, That of this amount, $60,000,000 shall
be for the Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome Procurement
Agreement, as amended; $127,000,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program, including cruise missile
defense research and development under the SRBMD program; $40,000,000
shall be for co-production activities of SRBMD systems in the United
States and in Israel to meet Israel's defense requirements consistent
with each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for SRBMD, as amended; $100,000,000
shall be for an upper-tier component to the Israeli Missile Defense
Architecture, of which $100,000,000 shall be for co-production
activities of Arrow 3 Upper Tier systems in the United States and in
Israel to meet Israel's defense requirements consistent
[[Page 140 STAT. 217]]
with each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, as amended;
and $173,000,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne, detection
suite.
Sec. 8072. Of the amounts appropriated in this Act under the heading
``Shipbuilding and Conversion, Navy'', $1,676,587,000 shall be available
until September 30, 2026, to fund prior year shipbuilding cost increases
for the following programs:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2026: Carrier Replacement Program, $150,000,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2026: Virginia Class Submarine Program, $121,538,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2016/2026: DDG 51 Program, $14,892,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2026: Virginia Class Submarine Program, $99,116,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2026: DDG 51 Program, $62,365,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2017/2026: LHA Replacement Program, $93,603,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2026: Virginia Class Submarine Program, $289,761,000;
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2026: DDG 51 Program, $104,238,000;
(9) Under the heading ``Shipbuilding and Conversion, Navy'',
2018/2026: LPD Flight II Program, $93,442,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: Oceanographic Ships Program, $6,015,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Littoral Combat Ship Program, $5,766,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: T-AO Fleet Oiler Program, $15,400,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Ship to Shore Connector Program, $15,480,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: CVN Refueling Overhauls, $483,100,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: T-AO Fleet Oiler Program, $48,260,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: T-AO Fleet Oiler Program, $19,650,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Sea Base Program, $30,000,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Fast Transport Program,
$11,231,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2023/2026: T-AO Fleet Oiler Program, $6,530,000; and
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2024/2026: T-AO Fleet Oiler Program, $6,200,000.
Sec. 8073. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities and
[[Page 140 STAT. 218]]
intelligence-related activities not otherwise authorized in the
Intelligence Authorization Act for Fiscal Year 2026 are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8074. <<NOTE: Notification.>> None of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. <<NOTE: Nuclear armed interceptors.>> None of the funds
in this Act may be used for research, development, test, evaluation,
procurement or deployment of nuclear armed interceptors of a missile
defense system.
Sec. 8076. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning more than one
Littoral Combat Ship.
(including transfer of funds)
Sec. 8077. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation (except military
construction) to any available Navy ship construction appropriation for
the purpose of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship construction
program appropriated in law: Provided, That the Secretary may transfer
not to exceed $40,000,000 under the authority provided by this section:
Provided further, <<NOTE: Time period. Proposal. Reports.>> That the
Secretary may not transfer any funds until 30 days after the proposed
transfer has been reported to the Committees on Appropriations of the
House of Representatives and the Senate, unless a response from the
Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That the
transfer authority provided under this section is in addition to any
other transfer authority contained elsewhere in this Act: Provided
further, <<NOTE: Expiration date.>> That the transfer authority
provided by this section expires on September 30, 2030.
Sec. 8078. <<NOTE: 53rd Weather Reconnaissance Squadron.>> None of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8079. <<NOTE: Foreign intelligence.>> None of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with protections
provided in the Fourth Amendment of the United States Constitution as
implemented through Executive Order No. 12333.
Sec. 8080. <<NOTE: Research and development. Science and
technology.>> None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year,
[[Page 140 STAT. 219]]
except for funds appropriated for research and technology, which shall
remain available until September 30, 2027.
Sec. 8081. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8082. <<NOTE: Reports.>> (a) Not later than 60 days after the
date of enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2026: Provided, That the report shall
include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8083. Any transfer of amounts appropriated to the Department of
Defense Acquisition Workforce Development Account in or for fiscal year
2026 to a military department or Defense Agency pursuant to section
1705(e)(1) of title 10, United States Code, shall be covered by and
subject to section 8005 of this Act.
Sec. 8084. <<NOTE: Notifications. Time periods.>> (a) None of the
funds provided for the National Intelligence Program in this or any
prior appropriations Act shall be available for obligation or
expenditure through a reprogramming or transfer of funds in accordance
with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds;
[[Page 140 STAT. 220]]
this notification period may be reduced for urgent national security
requirements.
Sec. 8085. <<NOTE: Web posting. Public
information. Reports. Determination.>> (a) Any agency receiving funds
made available in this Act, shall, subject to subsections (b) and (c),
post on the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 8086. <<NOTE: Contracts.>> (a) None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) <<NOTE: Certification.>> None of the funds appropriated or
otherwise made available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any action to
enforce any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract.
For <<NOTE: Definition.>> purposes of this subsection, a ``covered
subcontractor'' is an entity that has a subcontract in excess of
$1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
[[Page 140 STAT. 221]]
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. <<NOTE: Public information. Time
period.>> The Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this subsection not
less than 15 business days before the contract or subcontract addressed
in the determination may be awarded.
(including transfer of funds)
Sec. 8087. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$165,000,000, shall be available for transfer to the Joint Department of
Defense--Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: Provided
further, <<NOTE: Notification.>> That additional funds may be
transferred from funds appropriated for operation and maintenance for
the Defense Health Program to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 8088. Notwithstanding price or other limitations applicable to
the purchase of passenger carrying vehicles, appropriations available to
the Department of Defense may be used for the purchase of: (1) heavy and
light armored vehicles for the physical security of personnel or for
force protection purposes up to a limit of $450,000 per vehicle; and (2)
passenger motor vehicles up to a limit of $75,000 per vehicle for use by
military and civilian employees of the Department of Defense in the
United States Central Command area of responsibility.
(including transfer of funds)
Sec. 8089. <<NOTE: Determination. Approval.>> Upon a determination
by the Director of National Intelligence that such action is necessary
and in the national interest, the Director may, with the approval of the
Director of the Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for the National
Intelligence Program: Provided, That such authority to transfer may not
be used unless for higher priority items, based on unforeseen
intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested has been
denied by the Congress: Provided further, That a <<NOTE: Reprogramming
requests. Deadline.>> request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30, 2026.
Sec. 8090. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $290,000,000, to remain available
for obligation until September 30, 2030, may be used for the purchase of
two used sealift vessels for the National Defense Reserve
[[Page 140 STAT. 222]]
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, <<NOTE: Reimbursement.>> That such
amounts are available for reimbursements to the Ready Reserve Force,
Maritime Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet: Provided further, That
notwithstanding section 2218 of title 10, United States Code, none of
these funds shall be transferred to the National Defense Sealift Fund
for execution.
Sec. 8091. <<NOTE: Web posting. Grants. Public information.>> The
Secretary of Defense shall post grant awards on a public website in a
searchable format.
Sec. 8092. <<NOTE: Surveillance.>> None of the funds made available
by this Act may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8093. <<NOTE: Salaries.>> None of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Department of Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of Defense.
Sec. 8094. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $785,052,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That
such <<NOTE: Reimbursements.>> amounts are available for reimbursements
to the Ready Reserve Force, Maritime Administration account of the
United States Department of Transportation for programs, projects,
activities, and expenses related to the National Defense Reserve Fleet.
Sec. 8095. <<NOTE: Contracts.>> (a) None of the funds provided in
this Act for the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following components
unless those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion equipment
(including engines, reduction gears, and propellers); shipboard cranes;
spreaders for shipboard cranes; and anchor chains, specifically for the
seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for any Frigate program
shall be used to award a new contract that provides for the acquisition
of the following components unless those components are manufactured in
the United States: Air circuit breakers; gyrocompasses; electronic
navigation chart systems; steering controls; pumps; propulsion and
machinery control systems; totally enclosed lifeboats; auxiliary
equipment pumps; shipboard cranes;
[[Page 140 STAT. 223]]
auxiliary chill water systems; and propulsion propellers: Provided, That
the <<NOTE: Deadline.>> Secretary of the Navy shall incorporate United
States manufactured propulsion engines and propulsion reduction gears
into any Frigate program beginning not later than with the eleventh ship
of the program.
Sec. 8096. <<NOTE: Contracts.>> None of the funds provided in this
Act for requirements development, performance specification development,
concept design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations research
analysis, industry studies, preliminary design, development of the
Detailed Design and Construction Request for Proposals solicitation
package, or related activities for the T-ARC(X) Cable Laying and Repair
Ship or the T-AGOS(X) Oceanographic Surveillance Ship may be used to
award a new contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8097. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016.
Sec. 8098. None <<NOTE: Gaming. Adult entertainment.>> of the funds
made available by this Act may be used for Government Travel Charge Card
expenses by military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or nude
entertainers or participants, as prohibited by Department of Defense
FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10
(enclosure 3, 14a and 14b).
Sec. 8099. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
Sec. 8100. <<NOTE: Determination.>> None of the funds provided for,
or otherwise made available, in this or any other Act, may be obligated
or expended by the Secretary of Defense to provide motorized vehicles,
aviation platforms, munitions other than small arms and munitions
appropriate for customary ceremonial honors, operational military units,
or operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec.
8101. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Taxes.
>> (a) None of the funds made available by this or any other Act may be
used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to any corporation that has any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner
[[Page 140 STAT. 224]]
pursuant to an agreement with the authority responsible for collecting
such tax liability, provided that the applicable Federal agency is aware
of the unpaid Federal tax liability.
(b) <<NOTE: Determination.>> Subsection (a) shall not apply if the
applicable Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a determination
that such suspension or debarment is not necessary to protect the
interests of the Federal Government.
Sec. 8102. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight in the tables titled Explanation of
Project Level Adjustments in the explanatory statement regarding this
Act, may be used for expenses for the agile research, development, test
and evaluation, procurement, production, modification, and operation and
maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER--Software Prototype Development (PE
0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Domain Awareness/Planning/Tasking SW (PE
1208248SF);
(5) Global Command and Control System (PE 0303150K);
(6) Acquisition Visibility (PE 0608648D8Z);
(7) Enterprise Platforms and Capabilities--Software Pilot
Program (PE 0608140D8Z); and
(8) Accelerate the Procurement and Fielding of Innovative
Technologies (APFIT) (PE 0000000D8Z).
(b) None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal year
2026.
Sec. 8103. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in this
Act shall be construed to limit or prohibit cooperation, collaboration,
and coordination between the National Reconnaissance Office and the
Space Force or any other elements of the Department of Defense.
Sec. 8104. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
[[Page 140 STAT. 225]]
Sec. 8105. <<NOTE: Azov Battalion.>> None of the funds made
available by this Act may be used to provide arms, training, or other
assistance to the Azov Battalion.
Sec. 8106. <<NOTE: 22 USC 8925a.>> The Secretary of Defense may, in
this fiscal year and each fiscal year thereafter, accept and retain
contributions, including money, personal property, and services, from
foreign governments and other entities, to carry out assistance
authorized by section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92): Provided, That such contributions
received shall be available to the Secretary of Defense, with the
concurrence of the Secretary of State, to provide assistance authorized
by such section, for replacement of any weapons or articles provided to
entities described in subparagraphs (A) and (B) of subsection (a)(1) of
such section from the inventory of the United States, and to recover or
dispose of equipment previously provided to such entities: Provided
further, <<NOTE: Consultation.>> That the Secretary of Defense shall
consult with the congressional defense committees in advance of the
provision of support provided to forces or groups described in
subparagraph (B) of such subsection: Provided further,
That <<NOTE: Notification.>> the Secretary of Defense shall notify the
congressional defense committees in writing upon the receipt and upon
the obligation of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That <<NOTE: Timeline.>> any notification of
obligation of funds received in this section shall specify an estimated
timeline for the delivery of defense articles and defense services
provided and shall identify if any equipment provided requires enhanced
end-use monitoring: Provided further, <<NOTE: Time period.>> That
contributions of money for the purposes provided herein from any foreign
government or other entity may be credited to the Operation and
Maintenance, Defense-Wide account, to remain available for the following
two fiscal years, and used for such purposes: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use and status of funds received pursuant to this section.
Sec. 8107. <<NOTE: Kuwait.>> During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That,
such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
Sec. 8108. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $1,499,808,000, to remain available until September
30, 2027, shall be available for International Security Cooperation
Programs and other programs to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support or
facilitate counterterrorism, crisis response, or building partner
capacity programs: Provided, That the <<NOTE: Time
period. Notification.>> Secretary of Defense shall, not less than 15
days prior to obligating funds made available in this section, notify
the congressional defense committees in writing of the details of any
planned obligation: Provided further, <<NOTE: Time period. Reports.>>
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
[[Page 140 STAT. 226]]
Sec. 8109. <<NOTE: Time periods.>> Of the amounts appropriated in
this Act under the heading ``Operation and Maintenance, Defense-Wide'',
for the Defense Security Cooperation Agency, $267,298,000, to remain
available until September 30, 2027, shall be available for support
authorized by subparagraphs (A) through (E) and (G) through (I) of
section 1226(a)(1) of the National Defense Authorization Act for Fiscal
Year 2016 (22 U.S.C. 2151 note), of which not less than $150,000,000
shall be for Jordan: Provided, <<NOTE: Notification.>> That the
Secretary of Defense shall, not less than 15 days prior to obligating
funds made available under this section, notify the congressional
defense committees in writing of the details of any planned obligation
and the nature of the expenses incurred: Provided
further, <<NOTE: Reports.>> That the Secretary of Defense shall provide
quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8110. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8111. <<NOTE: Child soldiers.>> None of the funds made
available by this Act for excess defense articles, assistance under
section 333 of title 10, United States Code, or peacekeeping operations
for the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
457; 22 U.S.C. 2370c-1) may be used to support any military training or
operation that includes child soldiers, as defined by the Child Soldiers
Prevention Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of 2008.
Sec. 8112. <<NOTE: Taliban.>> None of the funds made available by
this Act may be made available for any member of the Taliban.
Sec. 8113. Notwithstanding any other provision of law, any transfer
of funds, appropriated or otherwise made available by this Act, for
support to friendly foreign countries in connection with the conduct of
operations in which the United States is not participating, pursuant to
section 331(d) of title 10, United States Code, shall be made in
accordance with section 8005 of this Act.
Sec.
8114. <<NOTE: Contracts. Memorandums. Grants. Loans. Rosoboronexport.>> (
a) None of the funds appropriated or otherwise made available by this or
any other Act may be used by the Secretary of Defense, or any other
official or officer of the Department of Defense, to enter into a
contract, memorandum of understanding, or cooperative agreement with, or
make a grant to, or provide a loan or loan guarantee to Rosoboronexport
or any subsidiary of Rosoboronexport.
(b) <<NOTE: Waiver
authority. Determination. Certification. Russia.>> The Secretary of
Defense may waive the limitation in subsection (a) if the Secretary, in
consultation with the Secretary of State and the Director of National
Intelligence, determines that it is in the vital national security
interest of the United States to do so, and certifies in writing to the
congressional defense committees that--
(1) <<NOTE: Syria.>> Rosoboronexport has ceased the
transfer of lethal military equipment to, and the maintenance of
existing lethal military equipment for, the Government of the
Syrian Arab Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
[[Page 140 STAT. 227]]
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) <<NOTE: Review. Reports.>> The Inspector General of the
Department of Defense shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the Secretary of
Defense pursuant to subsection (b), and not later than 90 days after the
date on which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a
report containing the results of the review conducted with respect to
such waiver.
Sec. 8115. <<NOTE: Notifications. Deadline.>> The Secretary of
Defense shall notify the congressional defense committees in writing not
more than 30 days after the receipt of any contribution of funds
received from the government of a foreign country for any purpose
relating to the stationing or operations of the United States Armed
Forces: Provided, That such notification shall include the amount of the
contribution; the purpose for which such contribution was made; and the
authority under which such contribution was accepted by the Secretary of
Defense: Provided further, <<NOTE: Time period.>> That not fewer than
15 days prior to obligating such funds, the Secretary of Defense shall
submit to the congressional defense committees in writing a notification
of the planned use of such contributions, including whether such
contributions would support existing or new stationing or operations of
the United States Armed Forces.
Sec. 8116. <<NOTE: Reports.>> (a) The Chairman of the Joint Chiefs,
in coordination with the Secretaries of the military departments and the
Chiefs of the Armed Forces, shall submit to the congressional defense
committees, not later than 30 days after the last day of each quarter of
the fiscal year, a report on the use of operation and maintenance funds
for activities or exercises in excess of $5,000,000 that have been
designated by the Secretary of Defense as unplanned activities for
fiscal year 2026.
(b) Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) <<NOTE: Costs.>> the total cost of the activity or
exercise, by budget line item (with a breakdown by cost element
such as transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8117. <<NOTE: Deadline. Allocations.>> (a) Within 45 days of
enactment of this Act, the Secretary of Defense shall allocate amounts
made available from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund for fiscal year 2026
pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act
of 2022 (division A of Public Law 117-167), to the account specified, in
the amounts specified, and for the projects and activities specified, in
the table titled ``Department of Defense Allocation of Funds: CHIPS and
Science Act Fiscal Year 2026'' in the report accompanying this Act.
[[Page 140 STAT. 228]]
(b) Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of the
CHIPS Act of 2022 only in amounts that are no more than the allocation
for such purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated by
subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided, That
amounts may be reallocated pursuant to this subsection only for those
requirements necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(d) Concurrent with the annual budget submission of the President
for fiscal year 2027, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available under
section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2027.
(e) <<NOTE: Time period. Reports.>> The Department of Defense shall
provide the Committees on Appropriations of the House of Representatives
and Senate quarterly reports on the status of balances of projects and
activities funded by the CHIPS for America Defense Fund for amounts
allocated pursuant to subsection (a) of this section, including all
uncommitted, committed, and unobligated funds.
Sec. 8118. <<NOTE: Deadline. Notification.>> Not later than 15 days
after the date on which any foreign base that involves the stationing or
operations of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign country,
is opened or closed, the Secretary of Defense shall notify the
congressional defense committees in writing of the opening or closing of
such base: Provided, That such notification shall also include
information on any personnel changes, costs, and savings associated with
the opening or closing of such base.
Sec. 8119. <<NOTE: Iraq. Syria.>> None of the funds appropriated or
otherwise made available by this or any other Act shall be obligated or
expended by the United States Government for any of the following
purposes:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8120. Up to $500,000,000 of the funds appropriated by this Act
under the heading ``Operation and Maintenance, Defense-Wide'' for the
Defense Security Cooperation Agency may be used to support the armed
forces of Jordan.
Sec. 8121. <<NOTE: Reductions.>> The amounts appropriated in title
II of this Act are hereby reduced by $1,050,000,000 to reflect excess
cash balances in Department of Defense Working Capital Funds, as
follows:
[[Page 140 STAT. 229]]
(1) From ``Operation and Maintenance, Army'', $100,000,000;
(2) From ``Operation and Maintenance, Navy'', $450,000,000;
and
(3) From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8122. <<NOTE: Transfer authority.>> Of the funds appropriated
in this Act under the heading ``Operation and Maintenance, Defense-
Wide'', $47,000,000 shall be for continued implementation and expansion
of the Sexual Assault Special Victims' Counsel Program: Provided, That
the funds are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with and
available for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8123. <<NOTE: Applicability.>> In carrying out the program
described in the memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or Severely Ill/
Injured (Category II or III) Active Duty Service Members'' issued by the
Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such memorandum, the Secretary of
Defense shall apply such policy and guidance, except that--
(1) <<NOTE: Embryos.>> the limitation on periods regarding
embryo cryopreservation and storage set forth in part III(G) and
in part IV(H) of such memorandum shall not apply; and
(2) <<NOTE: Definition.>> the term ``assisted reproductive
technology'' shall include embryo cryopreservation and storage
without limitation on the duration of such cryopreservation and
storage.
Sec. 8124. The Secretary of Defense may obligate funds made
available by this Act for procurement or for research, development, test
and evaluation for the F-35 Joint Strike Fighter to modify not fewer
than nine F-35 aircraft, including at least three F-35 aircraft of each
variant, for any test configuration: Provided, That
the <<NOTE: Notification. Time period.>> Secretary of Defense shall,
with the concurrence of the Secretary of the Air Force and the Secretary
of the Navy, notify the congressional defense committees not fewer than
30 days prior to obligating funds under this section: Provided further,
That any transfer of funds pursuant to the authority provided in this
section shall be made in accordance with section 8005 of this Act.
Sec. 8125. None of the funds appropriated or otherwise made
available by this or any other Act may be obligated to integrate an
alternative engine on any F-35 aircraft.
Sec. 8126. <<NOTE: Contracts.>> The Secretary of Defense may use up
to $650,000,000 of the amounts appropriated or otherwise made available
in this Act to the Department of Defense for the rapid acquisition and
deployment of supplies and associated support services pursuant to
section 3601 of title 10, United States Code, but only for the purposes
specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B)
of such section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the case of
clause (iv) of such subsection, subject to a limit of $50,000,000, or
for the purposes specified in section 229 of the National Defense
Authorization Act for Fiscal Year 2024 (Public Law 118-31) and subject
to a limit of $100,000,000: Provided, <<NOTE: Notification.>> That the
Secretary
[[Page 140 STAT. 230]]
of Defense shall notify the congressional defense committees promptly of
all uses of this authority.
Sec. 8127. <<NOTE: Research and development. Contracts.>>
Notwithstanding section 8056 of this Act, amounts appropriated under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'' of
this Act, as detailed in budget activity eight in the tables titled
Explanation of Project Level Adjustments in the explanatory statement
accompanying this Act for ``Defense Innovation Unit (DIU) Fielding''
line 301, may be used for expenses for agile research, development, test
and evaluation, procurement, production, modification, and operation and
maintenance requirements, including the initial acquisition of end-items
for operational use: Provided, <<NOTE: Time period. Execution
plan.>> That none of these funds may be obligated or expended until 15
days after the Secretary of Defense provides the congressional defense
committees a detailed execution plan for such funds.
Sec. 8128. <<NOTE: Wuhan Institute of Virology. China.>> None of
the funds made available by this Act may be used to support any activity
conducted by, or associated with, the Wuhan Institute of Virology.
Sec. 8129. <<NOTE: EcoHealth Alliance,
Inc. China. Determination. Waiver authority. Deadline. Submission.>>
None of the funds made available by this Act may be used to fund any
work to be performed by EcoHealth Alliance, Inc. in China on research
supported by the government of China unless the Secretary of Defense
determines that a waiver to such prohibition is in the national security
interests of the United States and, not later than 14 days after
granting such a waiver, submits to the congressional defense committees
a detailed justification for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8130. <<NOTE: Khalid Sheikh Mohammed.>> None of the funds
appropriated or otherwise made available in this or any other Act may be
used to transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) <<NOTE: Cuba.>> is or was held on or after June 24,
2009, at United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8131. <<NOTE: Detainees. Cuba.>> None of the funds
appropriated or otherwise made available in this Act may be used to
transfer any individual detained at United States Naval Station
Guantanamo Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other foreign
entity except in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section
1035 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
[[Page 140 STAT. 231]]
Sec. 8132. <<NOTE: Detainees. Cuba.>> (a) None of the funds
appropriated or otherwise made available in this or any other Act may be
used to construct, acquire, or modify any facility in the United States,
its territories, or possessions to house any individual described in
subsection (c) for the purposes of detention or imprisonment in the
custody or under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8133. <<NOTE: Cuba.>> None of the funds made available by this
Act may be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8134. <<NOTE: Loans.>> There is appropriated to the
``Department of Defense Credit Program Account'' established pursuant to
section 149(e)(5) of title 10, United States Code, $97,770,000, to
remain available until expended, to carry out a pilot program on capital
assistance to support defense investment in the industrial base as
authorized by section 149(e) of such title, of which up to $2,500,000
may be used for administrative expenses and project-specific transaction
costs: Provided, That costs of loans and loan guarantees, including the
cost of modifying such loans and loan guarantees, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such amounts are available to subsidize gross obligations for the
principal amount of loans, and total loan principal, any part of which
is to be guaranteed, not to exceed $4,390,000,000: Provided
further, <<NOTE: Records.>> That, for the purposes of carrying out the
Congressional Budget Act of 1974, the Director of the Congressional
Budget Office may request, and the Secretary shall promptly provide
documentation and information relating to a project receiving capital
assistance as authorized under section 149(e) of such title.
Sec. 8135. None of the funds appropriated or otherwise made
available by this Act may be used to divest or prepare to divest more
than eight U-2 aircraft.
Sec. 8136. <<NOTE: Reductions.>> The amounts appropriated in title
II of this Act are hereby reduced by $1,204,617,000 to reflect savings
attributable to efficiencies, streamlining of functions, and management
improvements in the Department of Defense, as follows:
(1) From ``Operation and Maintenance, Army'', $563,288,000;
(2) From ``Operation and Maintenance, Navy'', $109,159,000;
(3) From ``Operation and Maintenance, Marine Corps'',
$9,467,000;
(4) From ``Operation and Maintenance, Air Force'',
$319,765,000;
[[Page 140 STAT. 232]]
(5) From ``Operation and Maintenance, Space Force'',
$6,493,000; and
(6) From ``Operation and Maintenance, Defense-Wide'',
$196,445,000:
Provided, That such reduction may not be derived from amounts
appropriated by this Act for the National Intelligence Program or the
Military Intelligence Program.
Sec. 8137. <<NOTE: Records.>> (a) Concurrent with the annual budget
submission of the President for fiscal year 2027, and each fiscal year
thereafter, pursuant to section 1105(a) of title 31, United States Code,
the Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate the
following with respect to amounts made available by Public Law 119-21
until all such amounts have been expended:
(1) <<NOTE: Proposed allocations.>> proposed allocations by
account, by fiscal year, and by program, project, or activity,
with detailed justifications;
(2) P-1 and R-1 budget justification documents, which shall
identify the allocation of funds by program, project, and
activity; and
(3) budget justification documents, to be known as M-1 and
O-1, which shall identify the allocation of funds by budget
activity, activity group, and sub-activity group.
(b) <<NOTE: Time period. Reports.>> Subsequent to the submission
required in subsection (a), the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and activities
funded using amounts described in subsection (a), including all
uncommitted, committed, and unobligated funds, until all such amounts
have been expended.
Sec. 8138. <<NOTE: Contracts.>> The Secretary of Defense shall
obligate funds made available by this or any other Act, including prior
year Acts, under the heading ``Research, Development, Test and
Evaluation, Navy'' for the Next Generation Fighter program for the
purpose of executing the engineering and manufacturing development
contract for the Next Generation Fighter aircraft in a manner that
achieves accelerated Initial Operational Capability: Provided, That none
of the funds made available to the Department of Defense for this fiscal
year or any prior fiscal year may be used to pause, cancel, or terminate
the Next Generation Fighter program.
Sec. 8139. Of the funds provided under the heading ``Operation and
Maintenance, Navy'', not less than $80,000,000 shall be made available
for the establishment of a Platform Supply Vessel Pilot Program (in this
section referred to as the ``Program'') for the purpose of validating
Service requirements necessary to meet at-sea and in-shore logistics
operations: Provided, <<NOTE: Evaluation. Contracts.>> That the Program
shall evaluate options to time charter no less than six, and enter into
a contractual agreement for no less than two time charters: Provided
further, That the condition of the time charter should consider existing
United States-built platform supply vessels that are documented under
the laws of the United States, owned by a citizen of the United States
under 46 U.S.C. 50501, configured for logistics support in the Indo-
Pacific region that can meet the regulatory and physical requirements to
transport nearly 500,000 gallons of various standard fuels, and provide
up to 10,000 square feet of combined deck space for transport of
military equipment and personnel for delivery in and out of shallow
draft ports in the Indo-Pacific region: Provided
further, <<NOTE: Briefing. Deadline.>> That the Secretary of
[[Page 140 STAT. 233]]
the Navy shall provide a briefing within 180 days after the enactment of
this Act to the House and Senate Appropriations Committees on the status
of the Program and the effectiveness of using PSVs to fill this critical
need.
Sec. 8140. Funds made available for the UH-60 Blackhawk aircraft
program under this or any other Act, including prior year Acts, under
the headings ``Aircraft Procurement, Army'' and ``Research, Development,
Test and Evaluation, Army'' shall be obligated only for the purposes for
which such funds were appropriated and such funds may not be
reprogrammed or transferred for other purposes: Provided, That none of
the funds made available to the Department of Defense for this fiscal
year or any prior fiscal year may be used to pause, cancel, or terminate
the UH-60 Blackhawk aircraft program or to prepare to pause, cancel, or
terminate such program.
Sec. 8141. Funds made available for the E-7 Wedgetail aircraft
program under this or any other Act, including prior year Acts, under
the headings ``Aircraft Procurement, Air Force'' and ``Research,
Development, Test and Evaluation, Air Force'' shall be obligated only
for the purposes for which such funds were appropriated and such funds
may not be reprogrammed or transferred for other purposes: Provided,
That none of the funds made available to the Department of Defense for
this fiscal year or any prior fiscal year may be used to pause, cancel,
or terminate the E-7 Wedgetail aircraft program or to prepare to pause,
cancel, or terminate such program.
Sec. 8142. <<NOTE: State listing.>> None of the funds made
available by this Act may be used to close--
(1) the Rock Island Arsenal Museum located in Rock Island
Arsenal, Illinois;
(2) the Fort Sill National Historic Landmark and Museum
located in Lawton, Oklahoma;
(3) the United States Army Transportation Museum located at
Fort Eustis, Virginia; or
(4) the General George Patton Museum of Leadership located
at Fort Knox, Kentucky.
Sec. 8143. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', for the Defense Security
Cooperation Agency, $1,000,000,000, to remain available until September
30, 2027, shall be for the Taiwan Security Cooperation Initiative:
Provided, <<NOTE: Contracts. Taiwan.>> That such funds shall be
available to the Secretary of Defense, with the concurrence of the
Secretary of State, to provide assistance, including new procurement of
defense articles, services, and military education and training to
Taiwan: Provided
further, <<NOTE: Contracts. Taiwan. Notification.>> That equipment
procured using funds made available in this section, and not yet
transferred to Taiwan, or returned by Taiwan to the United States, may
be treated as stocks of the Department of Defense upon written
notification to the congressional defense committees: Provided
further, <<NOTE: Time period. Notification.>> That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any such obligation: Provided
further, <<NOTE: Time period. Reports.>> That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees
on the use and status of funds made available in this section.
Sec. 8144. Of the amounts appropriated or otherwise made available
by title II of this Act under the heading ``Operation
[[Page 140 STAT. 234]]
and Maintenance, Air Force'', the Secretary of Defense may reimburse the
Federated States of Micronesia in an amount not to exceed $34,000,000
for land acquisition costs for defense sites in Yap.
Sec. 8145. <<NOTE: Reduction.>> The total amount appropriated in
title II of this Act is hereby reduced by $550,000,000 to reflect
savings due to favorable bulk fuel rates: Provided, That such reduction
may not be derived from amounts appropriated by this Act for the
National Intelligence Program or the Military Intelligence Program.
Sec. 8146. <<NOTE: Applicability.>> In making Federal financial
assistance, the Department of Defense shall continue to apply the
negotiated indirect cost rates in section 200.414 of title 2, Code of
Federal Regulations, including with respect to the approval of
deviations from negotiated indirect cost rates, to the same extent and
in the same manner as such negotiated indirect cost rates were applied
in fiscal year 2024: Provided, That none of the funds appropriated in
this or prior Department of Defense Appropriations Acts, or otherwise
made available to the Department of Defense may be used to develop,
modify, or implement changes to such fiscal year 2024 negotiated
indirect cost rates.
(including transfer of funds)
Sec. 8147. Of the amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $150,000,000, to remain
available until September 30, 2027, may be used for replacement of
defense articles and for reimbursement of defense services provided to
or identified for provision to Taiwan:
Provided, <<NOTE: Contracts. Reimbursement. Taiwan.>> That such funds
may be transferred to appropriations made available under titles II,
III, IV, and V of this Act for replacement, through new procurement or
repair of existing unserviceable equipment, of defense articles from the
stocks of the Department of Defense, and for reimbursement for defense
services of the Department of Defense and military education and
training, provided to the government of Taiwan or to foreign countries
that have provided support to Taiwan at the request of the United
States: Provided further, That funds transferred pursuant to this
section shall be merged with and available for the same purposes and for
the same time period as the appropriations to which the funds are
transferred: Provided further, <<NOTE: Notification. Time period.>>
That the Secretary of Defense shall notify the congressional defense
committees of the details of such transfers not less than 15 days before
any such transfer: Provided further, <<NOTE: Determination.>> That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back and merged with this appropriation:
Provided further, That the transfer authority provided in this section
is in addition to any other transfer authority provided in this Act.
Sec. 8148. <<NOTE: Contracts.>> None of the funds made available to
the Department of Defense for this fiscal year or any prior fiscal year
may be used by the Department of Defense to award a sole-source or non-
competitive contract in excess of $100,000,000 for space-based airborne
moving target indication systems.
Sec. 8149. None of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year may be used to
pause, cancel, or terminate the Next-Generation Overhead
[[Page 140 STAT. 235]]
Persistent Infrared Geosynchronous Earth Orbit and the Next-Generation
Overhead Persistent Infrared Polar programs.
Sec. 8150. Any transactions or follow-on transactions entered into
pursuant to the authority in section 2808a of title 10, United States
Code, to carry out repair and construction projects for facilities may
only be carried out if, without regard to section 2808a, such projects
are otherwise authorized by law and the use of military construction,
operation and maintenance, or research, development, test and evaluation
funds is otherwise authorized for such projects: Provided, That none of
the funds appropriated or otherwise made available by this or prior
Acts, by title I of division D of Public Law 119-37 or by any prior Act
making appropriations for Military Construction, Veterans Affairs, and
Related Agencies, or by funds made available to the Department of
Defense in Public Law 119-21 may be transferred pursuant to the
authority in section 2808a of title 10, United States Code.
Sec. 8151. <<NOTE: Reductions.>> The amounts appropriated in title
IV of this Act are hereby reduced by $1,000,000,000 due to the
expiration of authorizations contained in 15 U.S.C. 638, as follows:
``Research, Development, Test and Evaluation, Army'',
$140,000,000;
``Research, Development, Test and Evaluation, Navy'',
$157,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$325,000,000;
``Research, Development, Test and Evaluation, Space Force'',
$140,000,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $238,000,000:
Provided, That this section shall not apply to appropriations for the
National Intelligence Program: Provided further, <<NOTE: Time
period. Prorated funds.>> That if a law reauthorizing 15 U.S.C. 638 for
fiscal year 2026 is enacted after the date of the enactment of this
section and before September 30, 2026, the required expenditure amount
in 15 U.S.C. 638 for the Department of Defense for such program for such
fiscal year shall be prorated on an annual basis for the remainder of
such fiscal year based on the extramural budget (as defined in 15 U.S.C.
638(e)(1)) of the Department on the date of the enactment of such law.
Sec. 8152. <<NOTE: Time periods.>> Of the amounts appropriated in
this Act under the heading ``Operation and Maintenance, Defense-Wide'',
for the Defense Security Cooperation Agency, $200,000,000, to remain
available until September 30, 2027, shall be available for the
International Security Cooperation Program - Baltic Security Initiative
to provide support and assistance to the foreign security forces of
Estonia, Latvia, and Lithuania in accordance with the objectives
identified by section 1247 of the National Defense Authorization Act for
Fiscal Year 2026 (Public Law 119-60):
Provided, <<NOTE: Notification.>> That the Secretary of Defense shall,
not less than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing of the
details of any planned obligation: Provided further, <<NOTE: Reports.>>
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
[[Page 140 STAT. 236]]
(including transfer of funds)
Sec. 8153. (a) In addition to amounts made available elsewhere in
this Act, $500,000,000, of which not less than $150,000,000 shall be
available only for the qualification and testing of second source
providers, is hereby appropriated to the Department of Defense and may
be transferred to the procurement accounts of the Army, Navy, Air Force,
and Department of Defense and the ``Research, Development, Test and
Evaluation, Defense-Wide'' account, only for the following purposes--
(1) investment in modernization, expansion, or
facilitization of the solid rocket motor industrial base,
including capital equipment, tooling, and facility upgrades;
(2) workforce development, training, and retention;
(3) supplier base expansion and qualification, including
second- and third-tier vendors and non-traditional
manufacturers;
(4) process improvements, automation, and digital
manufacturing; and
(5) risk reduction and surge capacity initiatives necessary
to ensure reliable, affordable, and timely production of solid
rocket motors and related energetics:
(b) <<NOTE: Deadline. Briefing.>> Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide a briefing to the congressional defense committees on planned
activities under this section, including an explanation of how
competition considerations and industry input were incorporated into
acquisition and execution decisions: Provided <<NOTE: Time
period. Execution plan.>> , That none of the funds provided under this
section may be obligated or expended until 30 days after the Secretary
of Defense provides to the congressional defense committees a detailed
execution plan for the use of such funds: Provided further, <<NOTE: Time
period. Notification.>> That the Secretary of Defense shall, not fewer
than 15 days prior to any transfer of funds, notify the Committees on
Appropriations of the House of Representatives and the Senate in writing
of the details of any such transfer: Provided further, That upon
transfer, the funds shall be merged with and available for the same
purposes, and for the same time period, as the appropriation to which
transferred: Provided further, <<NOTE: Determination.>> That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back and merged with this appropriation:
Provided further, That the transfer authority provided under this
section is in addition to any other transfer authority provided
elsewhere in this Act.
This division may be cited as the ``Department of Defense
Appropriations Act, 2026''.
[[Page 140 STAT. 237]]
DIVISION B-- <<NOTE: Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2026.>> DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
TITLE I <<NOTE: Department of Labor Appropriations Act, 2026.>>
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,981,588,000 plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,919,332,000 as follows:
(A) $875,649,000 for adult employment and training
activities, of which $163,649,000 shall be available for
the period July 1, 2026 through June 30, 2027, and of
which $712,000,000 shall be available for the period
October 1, 2026 through June 30, 2027;
(B) $948,130,000 for youth activities, which shall
be available for the period April 1, 2026 through June
30, 2027; and
(C) $1,095,553,000 for dislocated worker employment
and training activities, of which $235,553,000 shall be
available for the period July 1, 2026 through June 30,
2027, and of which $860,000,000 shall be available for
the period October 1, 2026 through June 30, 2027:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act: Provided further, That notwithstanding the
requirements of WIOA, outlying areas may submit a single
application for a consolidated grant that awards funds that
would otherwise be available to such areas to carry out the
activities described in subtitle B of title I of the WIOA:
Provided further, That such application shall be submitted to
the Secretary of Labor (referred to in this title as
``Secretary''), at such time, in such manner, and containing
such information as the Secretary may require: Provided further,
That outlying areas awarded a consolidated grant described in
the preceding provisos may use the funds for any of the programs
and activities authorized under such subtitle B of title I of
the WIOA subject to approval of the application and such
reporting requirements issued by the Secretary; and
(2) for national programs, $1,062,256,000 as follows:
(A) $300,859,000 for the dislocated workers
assistance national reserve, of which $100,859,000 shall
be available for the period July 1, 2026 through
September 30, 2027, and of which $200,000,000 shall be
available for the period October 1, 2026 through
September 30, 2027: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where
[[Page 140 STAT. 238]]
there have been worker dislocations across multiple
sectors or across multiple local areas and such workers
remain dislocated; coordinate the State workforce
development plan with emerging economic development
needs; and train such eligible dislocated workers:
Provided further, That funds provided to carry out
sections 168(b) and 169(c) of the WIOA may be used for
technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in
the workforce and incumbent workers: Provided further,
That notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $120,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $55,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1), workers in the Lower Mississippi, as
defined in section 4(2) of the Delta Development
Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C.
2009aa(2)), and workers in the region served by
the Northern Border Regional Commission, as
defined by 40 U.S.C. 15733; and
(ii) $65,000,000 shall be for the purpose of
developing, offering, or improving educational or
career training programs at community colleges,
defined as public institutions of higher
education, as described in section 101(a) of the
Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree
awarded, with other eligible institutions of
higher education, as defined in section 101(a) of
the Higher Education Act of 1965, eligible to
participate through consortia, with community
colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the
program in House Report 116-62: Provided further,
That any grant funds used for apprenticeships
shall be used to support only apprenticeship
programs registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA;
(B) $62,500,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2026 through June 30, 2027;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$90,134,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,591,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $671,000 for other discretionary
purposes, which shall be available for the period April
1, 2026 through June 30, 2027: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion
[[Page 140 STAT. 239]]
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services: Provided further, That notwithstanding the
definition of ``eligible seasonal farmworker'' in
section 167(i)(3)(A) of the WIOA relating to an
individual being ``low-income'', an individual is
eligible for migrant and seasonal farmworker programs
under section 167 of the WIOA under that definition if,
in addition to meeting the requirements of clauses (i)
and (ii) of section 167(i)(3)(A), such individual is a
member of a family with a total family income equal to
or less than 150 percent of the poverty line;
(D) $105,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2026 through June 30,
2027;
(E) $110,000,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall be
available for the period April 1, 2026 through June 30,
2027: Provided, That of this amount, $30,000,000 shall
be for competitive grants to national and regional
intermediaries for activities that prepare for
employment young adults with criminal legal histories,
young adults who have been justice system-involved, or
young adults who have dropped out of school or other
educational programs, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2026 through June 30, 2027;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B)
of the WIOA, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, including equity intermediaries
and business and labor industry partner intermediaries,
which shall be available for the period July 1, 2026
through June 30, 2027; and
(H) $95,501,000 for carrying out Demonstration and
Pilot projects under section 169(c) of the WIOA, which
shall be available for the period April 1, 2026 through
June 30, 2027, in addition to funds available for such
activities under subparagraph (A) for the projects, and
in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement
described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That such funds
may be used for projects that are related to the
employment and training needs of dislocated workers,
other adults, or youth: Provided further, That the 10
percent funding limitation under such section of the
WIOA shall not apply to such funds: Provided further,
That section 169(b)(6)(C) of the WIOA shall not apply to
such funds: Provided further, That sections 102 and 107
of this Act shall not apply to such funds.
[[Page 140 STAT. 240]]
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers
as authorized by the WIOA, $1,760,155,000, plus reimbursements, as
follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2026 through June 30, 2027;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2026 through June 30, 2029, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, <<NOTE: Expiration date.>> That any funds transferred
pursuant to the preceding proviso shall not be available for
obligation after June 30, 2027: Provided
further, <<NOTE: Notification. Time period.>> That the
Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of any
transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2025
through September 30, 2026:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred to
in this Act as ``OAA''), $395,000,000, which shall be available for the
period April 1, 2026 through June 30, 2027, and may be recaptured and
reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2026 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension
Act of 2015, and section 285(a) of the Trade Act of 1974, as amended,
$50,300,000 together with such amounts as may be necessary to be charged
to the subsequent appropriation for payments for any period subsequent
to September 15, 2026: Provided, That notwithstanding section 502 of
this Act, any part of the appropriation provided under this heading may
remain available for obligation
[[Page 140 STAT. 241]]
beyond the current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $74,306,000, together with
not to exceed $4,000,584,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $3,226,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $467,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of a concurrent resolution
on the budget and $350,000,000 is additional new budget
authority specified for purposes of a concurrent resolution on
the budget; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal employees
and for ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative trade
adjustment assistance under the Trade Act of 1974 and under
section 231(a) of the Trade Adjustment Assistance Extension Act
of 2011, sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, and section 285(a) of the Trade Act of
1974, as amended, and shall be available for Federal obligation
through December 31, 2026, except that funds for outcome
payments pursuant to section 306(f)(2) of the Social Security
Act shall be available for Federal obligation through March 31,
2027: Provided, That notwithstanding any other provision of law,
the Secretary may recapture any funds appropriated under this
paragraph that remain unexpended by a State after the period of
expenditure for a State (but before such funds have been
returned to the Trust Fund), and such recaptured funds shall
remain available until expended for reobligation by the
Secretary to the States to carry out automation activities
related to the administration of unemployment compensation laws:
Provided <<NOTE: Time period. Plan.>> further, That funds
transferred pursuant to the preceding proviso shall not be
available until 60 days after the Secretary has submitted a plan
to the Committees on Appropriations of the House of
Representatives and the Senate on the planned use of funds;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
[[Page 140 STAT. 242]]
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2026 through June 30, 2027;
(4) $17,500,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986 (including assisting States in
adopting or modernizing information technology for use in the
processing of certification requests), and the provision of
technical assistance and staff training under the Wagner-Peyser
Act;
(5) $84,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $61,528,000 shall be available for the Federal
administration of such activities, and $23,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $52,893,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2026
through June 30, 2027, of which up to $9,800,000 may be used to
carry out research and demonstration projects related to testing
effective ways to promote greater labor force participation of
people with disabilities: Provided, That the Secretary may
transfer amounts made available for research and demonstration
projects under this paragraph to the ``Office of Disability
Employment Policy'' account for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2026 is projected by the
Department of Labor to exceed 3,075,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title III of the
Social Security Act may be used by such State to assist other States in
carrying out activities under such title III if the other States include
areas that have suffered a major disaster declared by the President
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States for the use of the National Directory of
New Hires under section 453(j)(8) of such Act: Provided further, That
the Secretary may use funds appropriated for grants to States under
title III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data Exchange
System: Provided further, That <<NOTE: Contracts. Grants.>> funds
appropriated in this Act which are used to establish a national one-stop
career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further, That
States <<NOTE: Grants.>> awarded competitive grants for improved
operations under title III of the Social Security Act, or awarded grants
to support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-
[[Page 140 STAT. 243]]
State entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under this Act
for activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2, Code
of Federal Regulations: Provided further, That <<NOTE: Reallotment.>>
the Secretary, at the request of a State participating in a consortium
with other States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in the
consortium or to the entity operating the Unemployment Insurance
Information Technology Support Center in order to carry out activities
that benefit the administration of the unemployment compensation law of
the State making the request: Provided further, That <<NOTE: Fees.>>
the Secretary may collect fees for the costs associated with additional
data collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education, and
nonprofit organizations and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, for the National Agricultural Workers
Survey infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall be credited
to this appropriation and shall remain available until September 30,
2027, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2027.
program administration
For expenses of administering employment and training programs,
$104,527,000, together with not to exceed $53,906,000 which shall be
available from the Employment Security Administration Account in the
Unemployment Trust Fund.
Veterans' Employment and Training
veterans' employment and training service
Not to exceed $269,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which--
(1) $185,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
program specialists under section 4103A of such title and local
[[Page 140 STAT. 244]]
veterans' employment representatives under section 4104(b) of
such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for expenditure by the
States through September 30, 2028, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such funds
may be used to support such specialists and representatives in
the provision of services to transitioning members of the Armed
Forces who have participated in the Transition Assistance
Program and have been identified as in need of intensive
services, to members of the Armed Forces who are wounded, ill,
or injured and receiving treatment in military treatment
facilities or warrior transition units, to the spouses or other
family caregivers of such wounded, ill, or injured members, and
to surviving spouses of individuals who died while serving as
members of the Armed Forces or as a result of a service-
connected disability;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of
title 38, United States Code: Provided, That up to $500,000 may
be used to carry out the Hire VETS Act (division O of Public Law
115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, <<NOTE: Reallocation.>> That the Secretary may reallocate
among the appropriations provided under paragraphs (1) through (4) above
an amount not to exceed 3 percent of the appropriation from which such
reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, <<NOTE: Grants. Expiration date.>> That notwithstanding
subsections (c)(3) and (d) of section 2023, the Secretary may award
grants through September 30, 2026, to provide services under such
section: Provided further, <<NOTE: Time periods.>> That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may include,
in addition to services to the individuals described in subsection (e)
of such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided further, That
notwithstanding <<NOTE: Data. Contracts.>> paragraph (3) under this
heading, funds appropriated in this paragraph may be used for data
systems and contract support to allow for the tracking of participant
and performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
<<NOTE: Fees.>> In addition, fees may be assessed and deposited in
the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, and such amounts shall be available to the Secretary
[[Page 140 STAT. 245]]
to carry out the HIRE Vets Medallion Award Program, as authorized by
such Act, and shall remain available until expended: Provided, That such
sums shall be in addition to any other funds available for such
purposes, including funds available under paragraph (3) of this heading:
Provided further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
not apply.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall be made
available through September 30, 2027, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
<<NOTE: Contracts.>> The Pension Benefit Guaranty Corporation
(``Corporation'') is authorized to make such expenditures, including
financial assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses,
through September 30, 2026, for the Corporation: Provided, That none of
the funds available to the Corporation for fiscal year 2026 shall be
available for obligations for administrative expenses in excess of
$494,264,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2026, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2030, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided
further, <<NOTE: Approval. Notifications.>> That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2030 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2030 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
[[Page 140 STAT. 246]]
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $100,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $120,500,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading ``Civilian War Benefits''
in the Federal Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2012); obligations incurred under the War
Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $1,298,385,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, <<NOTE: Reimbursement.>>
That amounts appropriated may be used under 5 U.S.C. 8104 by the
Secretary to reimburse an employer, who is not the employer at the time
of injury, for portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2025, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, <<NOTE: Determination.>> That in addition
[[Page 140 STAT. 247]]
there shall be transferred to this appropriation from the Postal Service
and from any other corporation or instrumentality required under 5
U.S.C. 8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the cost of
administration for employees of such fair share entities through
September 30, 2026: Provided further, That of those funds transferred to
this account from the fair share entities to pay the cost of
administration of the Federal Employees' Compensation Act, $81,808,000
shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,549,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,956,000;
(3) For periodic roll disability management and medical
review, $25,957,000;
(4) For program integrity, $2,346,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person filing
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the
Longshore and Harbor Workers' Compensation Act, provide as part of such
notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $24,585,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2027, $5,900,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $68,148,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
<<NOTE: 26 USC 9501 note.>> Such sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section
[[Page 140 STAT. 248]]
9501(d)(4) of that Act. In addition, the following amounts may be
expended from the Fund for fiscal year 2026 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $50,684,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $39,086,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $373,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $629,309,000, including not to exceed $120,000,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, <<NOTE: Fees.>> That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the
fiscal year ending September 30, 2026, to collect and retain fees for
services provided to Nationally Recognized Testing Laboratories, and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, <<NOTE: Farms and farming.>> That none of
the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person who
is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees: Provided
further, <<NOTE: Small businesses.>> That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24 of
the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations
[[Page 140 STAT. 249]]
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, <<NOTE: Farms and farming.>> That the foregoing
proviso shall not apply to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $12,787,000 shall be
available for Susan Harwood training grants: Provided further, That
$243,000,000 shall be for Federal Enforcement: Provided further, That
not less than $3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale of
training materials, otherwise authorized by law to be collected, to be
available for mine safety and health education and training activities:
Provided further, <<NOTE: 30 USC 966 note.>> That notwithstanding 31
U.S.C. 3302, the Mine Safety and Health Administration is authorized to
collect and retain up to $2,499,000 from fees collected for the approval
and certification of equipment, materials, and explosives for use in
mines, and may utilize such sums for such activities: Provided
further, <<NOTE: 30 USC 962.>> That the Secretary is authorized to
accept lands, buildings, equipment, and other contributions from public
and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private: Provided further, <<NOTE: 30 USC
962.>> That the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining community
through cooperative programs with States, industry, and safety
associations: Provided further, <<NOTE: 30 USC 962.>> That the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in
[[Page 140 STAT. 250]]
the national organization: Provided further, <<NOTE: Approval. 30 USC
962.>> That any funds available to the Department of Labor may be used,
with the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $640,500,000, together with not
to exceed $68,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $43,000,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the Secretary
may transfer amounts made available under this heading for research and
demonstration projects to the ``State Unemployment Insurance and
Employment Service Operations'' account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $362,877,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$116,125,000 shall be for the Bureau of International Labor Affairs, of
which $81,725,000 shall be available for obligation through December 31,
2026: Provided further, <<NOTE: Contracts. Grants.>> That funds
available to the Bureau of International Labor Affairs may be used to
administer or operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not less than $30,175,000 shall be for programs to combat
exploitative child labor internationally and not less than $30,175,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs:
[[Page 140 STAT. 251]]
Provided further, That $4,281,000 shall be used for program evaluation
and shall be available for obligation through September 30, 2027:
Provided further, <<NOTE: Grants.>> That funds available for program
evaluation may be used to administer grants for the purpose of
evaluation: Provided further, <<NOTE: Grants.>> That grants made for the
purpose of evaluation shall be awarded through fair and open
competition: Provided further, That funds available for program
evaluation may be transferred to any other appropriate account in the
Department for such purpose: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer: Provided further,
That $23,000,000 shall be for the Women's Bureau and may be used for
grants to serve and promote the interests of women in the workforce:
Provided further, That of the amounts made available to the Women's
Bureau, not less than $5,000,000 shall be used for grants authorized by
the Women in Apprenticeship and Nontraditional Occupations Act: Provided
further, That the Department of Labor shall support staffing levels
necessary to fulfill its statutory responsibilities including carrying
out programs, projects, and activities funded in this title of this Act
in a timely manner.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $6,889,000, which shall be available through
September 30, 2027.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$91,187,000, together with not to exceed $5,841,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That not more than $2,000,000 of the
amount provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of
[[Page 140 STAT. 252]]
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive Order
13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older than 16 years
of age and are not currently enrolled in school within a local
educational agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States are recipients of such funds, States
may establish a lower limit for salaries and bonuses of those receiving
salaries and bonuses from subrecipients of such funds, taking into
account factors including the relative cost-of-living in the State, the
compensation levels for comparable State or local government employees,
and the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities that are funded under any
such discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may transfer not
more than 0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such account
to carry out program integrity activities related to the Job Corps
program: Provided further, <<NOTE: Grants. Contracts.>> That funds
transferred under this subsection shall be available to the Secretary to
carry out program integrity activities
[[Page 140 STAT. 253]]
directly or through grants, cooperative agreements, contracts and other
arrangements with States and other appropriate entities: Provided
further, That funds transferred under the authority provided by this
subsection shall be available for obligation through September 30, 2027.
(transfer of funds)
Sec. 107. <<NOTE: Evaluations.>> (a) The Secretary may reserve not
more than 0.75 percent from each appropriation made available in this
Act identified in subsection (b) in order to carry out evaluations of
any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2027: <<NOTE: Plan. Time
period.>> Provided, That such funds shall only be available if the Chief
Evaluation Officer of the Department of Labor submits a plan to the
Committees on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans' Employment and
Training''.
Sec. 108. <<NOTE: Applicability.>> (a) Section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
following text is part of such section:
``(s)(1) <<NOTE: Time period.>> The provisions of this section shall
not apply for a period of 2 years after the occurrence of a major
disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in any
of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
[[Page 140 STAT. 254]]
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) <<NOTE: Definitions.>> For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
(b) <<NOTE: Effective date.>> This section shall be effective on the
date of enactment of this Act.
Sec. 109. (a) <<NOTE: Time periods.>> Flexibility With Respect to
the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for
H-2B nonimmigrants filed by an employer in the seafood industry
is granted, the employer may bring the nonimmigrants described
in the petition into the United States at any time during the
120-day period beginning on the start date for which the
employer is seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the start
date for which the employer is seeking the services of the
nonimmigrants unless the employer--
(A) <<NOTE: Assessment.>> completes a new assessment
of the local labor market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into
[[Page 140 STAT. 255]]
the United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. <<NOTE: Determinations. Wages.>> The determination of
prevailing wage for the purposes of the H-2B program shall be the
greater of--(1) the actual wage level paid by the employer to other
employees with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic area in
which the H-2B nonimmigrant will be employed, based on the best
information available at the time of filing the petition. In the
determination of prevailing wage for the purposes of the H-2B program,
the Secretary shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the provided
survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce the
definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. <<NOTE: Grants. Contracts. Determination.>>
Notwithstanding any other provision of law, the Secretary may furnish
through grants, cooperative agreements, contracts, and other
arrangements, up to $450,000 of excess personal property, at a value
determined by the Secretary, to apprenticeship programs for the purpose
of training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) is amended
by adding at the end the following new section:
``(a) <<NOTE: Guidelines. 29 USC 569.>> In General.--The Secretary
of Labor is authorized to employ law enforcement officers or special
agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and to
the members of the immediate family of the Secretary if there is
a unique and articulable threat of physical harm, in accordance
with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor or
another senior officer representing the Secretary of Labor at a
public event if there is a unique and articulable threat of
physical harm, in accordance with guidelines established by the
Secretary.
[[Page 140 STAT. 256]]
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer or
special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any authority
provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) <<NOTE: Effective date. 29 USC 569 note.>> This section shall
be effective on the date of enactment of this Act.
Sec. 114. <<NOTE: Texas.>> The Secretary is authorized to dispose
of or divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job Corps
center, all or a portion of the real property on which the Treasure
Island Job Corps Center and the Gary Job Corps Center are situated. Any
sale or other disposition, to include any associated construction
project, will not be subject to any requirement of any Federal law or
regulation relating to the disposition of Federal real property or
relating to Federal procurement, including but not limited to subchapter
III of chapter 5 of title 40 of the United States Code, subchapter V of
chapter 119 of title 42 of the United States Code, and chapter 33 of
division C of subtitle I of title 41 of the United States Code. The net
proceeds of such a sale shall be transferred to the Secretary, which
shall be available until expended for such project to carry out the Job
Corps Program on Treasure Island and the Job Corps Program in and around
San Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between the
United States Department of Labor and the United States
Department of Agriculture;
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met; or
(3) close any Job Corps Centers, except if such closure
meets the criterion entitled ``Long-Term Center Performance'' or
the criterion entitled ``Evaluation of Continuing Center
Operations'' established by 81 FR 12529, the capacity of the
program is retained, and the requirements of section 159(j) of
the WIOA are met.
[[Page 140 STAT. 257]]
(rescission)
Sec. 116. <<NOTE: Deadline.>> Of the unobligated funds available
under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $206,000,000 are hereby permanently rescinded not later
than September 30, 2026.
This title may be cited as the ``Department of Labor Appropriations
Act, 2026''.
[[Page 140 STAT. 258]]
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2026.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,858,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $120,000,000
shall be available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for expenses
incurred by the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made under such
law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,413,776,000, which shall be for the purposes and in the amounts
specified in the ``Final Bill'' column for Health Workforce in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That section 751(j)(2) of the PHS Act
and the proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made available
under this heading: Provided further, <<NOTE: Waiver authority. 42 USC
294a note.>> That for any program operating under section 751 of the
PHS Act on or before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ``Secretary'') may hereafter
waive any of the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a grant under
such section: Provided further, That <<NOTE: Applicability.>> section
756(c) of the PHS Act shall apply to paragraphs (1) through (4) of
section 756(a) of such Act: Provided further, That no funds shall be
available for section 340G-1 of the PHS Act: Provided further, That fees
collected for the disclosure of information under section 427(b) of the
Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and
1921 of the Social Security Act shall be sufficient to recover the full
costs of operating the programs authorized by such sections and shall
remain available until expended for the National Practitioner Data Bank:
Provided further, That funds transferred to this account to carry out
section 846 and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such section
and subpart: Provided further, That amounts made available for the
National Health Service Corps (``NHSC'') shall remain available until
expended for the purposes of providing primary health services,
assigning NHSC participants to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment priorities
and limitations under
[[Page 140 STAT. 259]]
sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and
making payments under the NHSC Loan Repayment Program under section 338B
of such Act: Provided further, That, within the amount made available
for the NHSC, not less than 13 percent shall remain available until
expended for the purposes of making payments under the NHSC Loan
Repayment Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health services in
Indian Health Service facilities, Tribally-Operated 638 Health Programs,
and Urban Indian Health Programs (as those terms are defined by the
Secretary), notwithstanding the assignment priorities and limitations
under section 333(b) of the PHS Act, and $8,000,000 shall remain
available until expended for payments to individuals participating in
such program who provide primary health services in Maternity Care
Health Professional Target Areas, as determined by the Secretary,
notwithstanding the assignment priorities and limitations under section
333(b) of such Act: Provided
further, <<NOTE: Applicability. Definition.>> That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, <<NOTE: Grants.>> That amounts made available for the
Nurse Practitioner Optional Fellowship Program shall be available to
make grants to establish, expand, or maintain optional community-based
nurse practitioner fellowship programs that are accredited or in the
accreditation process, with a preference for those in Federally
Qualified Health Centers, for practicing postgraduate nurse
practitioners in primary care or behavioral health: Provided further,
That amounts made available for Pediatric Specialty Loan Repayment shall
remain available until expended for activities under section 775 of the
PHS Act: Provided further, That the United States may recover liquidated
damages in an amount determined by the formula under section 338E(c)(1)
of the PHS Act if an individual either fails to begin or complete the
service obligated by a contract under section 775(b) of the PHS Act:
Provided further, That for purposes of section 775(c)(1) of the PHS Act,
the Secretary may include other mental and behavioral health disciplines
as the Secretary deems appropriate: Provided further,
That <<NOTE: Termination. Contracts.>> the Secretary may terminate a
contract entered into under section 775 of the PHS Act in the same
manner articulated in section 206 of this title for fiscal year 2026
contracts entered into under section 338B of the PHS Act.
<<NOTE: Grants.>> Amounts made available for Medical Student
Education shall remain available until expended for grants to public
institutions of higher education to expand or support graduate education
for physicians provided by such institutions, including funding for
infrastructure development, maintenance, equipment, and minor
renovations or alterations: Provided, <<NOTE: Determination.>> That, in
awarding such grants, the Secretary shall give priority to public
institutions of higher education located in States with a projected
primary care provider shortage, as determined by the Secretary:
Provided <<NOTE: Determination.>> further, That grants so awarded are
limited to such public institutions of higher education in States in the
top quartile of States with a projected primary care provider shortage,
as determined by the Secretary: Provided further, That the minimum
amount of a grant so awarded to such an institution shall be not less
than $1,000,000 per year: Provided further, <<NOTE: Time period.>> That
such a grant may be awarded for a period
[[Page 140 STAT. 260]]
not to exceed 5 years: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to a matching
requirement of non-Federal funds in an amount that is not more than 10
percent of the total amount of Federal funds provided in the grant to
such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $1,181,680,000, which shall be for the purposes and in the amounts
specified in the ``Final Bill'' column for Maternal and Child Health in
the ``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, amounts made
available for Special Projects of Regional and National Significance
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act, and the budget
activities specified in the table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) shall be funded in the amounts specified in such
table.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,571,041,000, which shall be for the purposes
and in the amounts specified in the ``Final Bill'' column for Ryan White
HIV/AIDS Program in the ``Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which the amounts
made available for Emergency Assistance (Part A) and Comprehensive Care
Programs (Part B) shall remain available to the Secretary through
September 30, 2028, for parts A and B of title XXVI of the PHS Act, and
of which the amounts made available for the AIDS Drug Assistance Program
(ADAP) shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which the
amounts made available for Ending the HIV/AIDS Epidemic Initiative shall
remain available until expended and shall be available to the Secretary
for carrying out a program of grants and contracts under title XXVI or
section 311(c) of such Act focused on ending the nationwide HIV/AIDS
epidemic, with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the limitation
on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $127,009,000, of which $122,000 shall be available
[[Page 140 STAT. 261]]
until expended for facility renovations and other facilities-related
expenses of the Hansen's Disease Program: Provided, <<NOTE: Fees.>> That
during the period covered by this Act, the Secretary of Health and Human
Services may collect registration fees from members of the Organ
Procurement and Transplantation Network (in this title referred to as
``OPTN''), authorized under section 372 of the PHS Act, for each
transplant candidate such members place on the list described in
subsection (b)(2)(A)(i) of such section, including directly or through
awards made under subsection (b)(1)(A) of such section: Provided
further, That such fees may be credited to this account, to remain
available until expended, to support the operation of the OPTN: Provided
further, That the Secretary may distribute fees collected pursuant to
the first proviso under this heading among the awardee or awardees
described in subsection (b)(1)(A) of section 372 of the PHS Act as the
Secretary determines appropriate.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$392,907,000, which shall be for the purposes and in the amounts
specified, other than for ``Rural Hospital Provider Assistance
Program'', in the ``Final Bill'' column for Rural Health in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), of which the amounts made available for Rural
Hospital Flexibility Grants shall come from general revenues,
notwithstanding section 1820(j) of the Social Security Act: Provided,
That of the funds made available under this paragraph for Rural Hospital
Flexibility Grants, up to $22,942,000 shall be available for the Small
Rural Hospital Improvement Program for quality improvement and adoption
of health information technology, no less than $5,000,000 shall be
available to award grants to public or non-profit private entities for
the Rural Emergency Hospital Technical Assistance Program, and up to
$1,000,000 shall be to carry out section 1820(g)(6) of the Social
Security Act, with funds provided for grants under section 1820(g)(6)
available for the purchase and implementation of telehealth services and
other efforts to improve health care coordination for rural veterans
between rural providers and the Department of Veterans Affairs: Provided
further, That the amounts made available for State Offices of Rural
Health shall be available notwithstanding section 338J(k) of the PHS
Act: Provided further, That the amounts for the Rural Residency Planning
and Development Program shall remain available through September 30,
2028.
In addition to amounts otherwise available for the same purpose,
$25,000,000, for making payments to eligible hospitals for the
maintenance of health care providers: Provided, That eligible hospitals
receiving such payment shall meet the following criteria: (1) have no
more than 50 inpatient beds and (2) have an established wage index value
of less than 0.90 as determined by the Secretary of Health and Human
Services under section 1886(d)(3)(E) of the Social Security Act (42
U.S.C. 1395ww(d)(3)(E)): Provided further, That up to 10 percent of
funds made available in this paragraph
[[Page 140 STAT. 262]]
may be used by eligible hospitals for administrative expenses: Provided
further, That payment amounts to eligible hospitals shall be calculated
by dividing available funding equally among such eligible hospitals.
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000: Provided,
That <<NOTE: Abortion.>> amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of literature)
that in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act and for
cross-cutting activities and program support for activities funded in
other appropriations included in this Act for the Health Resources and
Services Administration, $1,076,181,000, of which $45,550,000 shall be
for expenses necessary for the Office for the Advancement of Telehealth,
including grants, contracts, and cooperative agreements for the
advancement of telehealth activities: Provided, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'': Provided further,
That of the amount made available under this heading, $857,793,000 shall
be used for the projects financing the construction and renovation
(including equipment) of health care and other facilities, and for the
projects financing one-time grants that support health-related
activities, including training and information technology, and in the
amounts specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of the
funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this
Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $15,200,000 shall
be available from the Trust Fund to the Secretary.
[[Page 140 STAT. 263]]
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, and titles II and IV of the Immigration and Nationality
Act, with respect to immunization and respiratory diseases,
$316,901,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,384,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, and titles II and IV of the Immigration and Nationality Act,
with respect to emerging and zoonotic infectious diseases, $729,272,000:
Provided, That of the amounts made available under this heading, up to
$1,000,000 from amounts made available for Quarantine appropriations
shall remain available until expended to pay for the transportation,
medical care, treatment, and other related costs of persons quarantined
or isolated under Federal or State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$983,830,000: Provided, <<NOTE: Grants.>> That funds made available
under this heading may be available for making grants under section 1509
of the PHS Act for not less than 21 States, Tribes, or Tribal
organizations: Provided further, That the proportional funding
requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $205,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $724,553,000: Provided, That in addition to
amounts provided herein, $42,944,000 shall be from funds available under
section 241 of the PHS Act for health statistics.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $191,850,000.
[[Page 140 STAT. 264]]
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$366,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $692,843,000, of which: (1) the amounts made
available for the Global HIV/AIDS Program shall remain available through
September 30, 2027; and (2) the amounts made available for the Global
Public Health Protection shall remain available through September 30,
2028: Provided, That funds may be used for purchase and insurance of
official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, XVII, and XXVIII of the PHS Act
with respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $913,200,000:
Provided, <<NOTE: Detailees. Notices. Deadline. Reports. Updates. Time
period.>> That the Director of the Centers for Disease Control and
Prevention (referred to in this title as ``CDC'') or the Administrator
of the Agency for Toxic Substances and Disease Registry may detail staff
without reimbursement to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator, as
applicable, provides a notice to the Committees on Appropriations of the
House of Representatives and the Senate within 15 days of the use of
this authority, a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed, and an update of such
report every 180 days until staff are no longer on detail without
reimbursement to the CDC Emergency Operations Center.
[[Page 140 STAT. 265]]
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $40,000,000,
which shall remain available until expended: Provided, <<NOTE: Real
property.>> That funds made available to this account in this or any
prior Act that are available for the acquisition of real property or for
construction or improvement of facilities shall be available to make
improvements on non-federally owned property, provided that any
improvements that are not adjacent to federally owned property do not
exceed $2,500,000, and that the primary benefit of such improvements
accrues to CDC: Provided further, That funds previously set-aside by CDC
for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory
shall be used to acquire a replacement mine safety research facility:
Provided further, <<NOTE: Real property.>> That funds made available to
this account in this or any prior Act that are available for the
acquisition of real property or for construction or improvement of
facilities in conjunction with the new replacement mine safety research
facility shall be available to make improvements on non-federally owned
property, provided that any improvements that are not adjacent to
federally owned property do not exceed $5,000,000: Provided further,
That in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of
the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $396,570,000: Provided, That
the amounts made available for Public Health Infrastructure and Capacity
appropriations shall remain available through September 30, 2027:
Provided further, That paragraphs (1) through (3) of subsection (b) of
section 2821 of the PHS Act shall not apply to funds appropriated under
this heading and in all other accounts of the CDC: Provided further,
That the amounts made available for Infectious Diseases Rapid Response
Reserve Fund appropriations shall remain available until expended and
shall be available to the Director of the CDC for deposit in the
Infectious Diseases Rapid Response Reserve Fund established by section
231 of division B of Public Law 115-245: Provided further, That funds
appropriated <<NOTE: Contracts.>> under this heading may be used to
support a contract for the operation and maintenance of an aircraft in
direct support of activities throughout CDC to ensure the agency is
prepared to address public health preparedness emergencies: Provided
further, That <<NOTE: Detailees.>> employees of CDC or the Public Health
Service, both civilian and commissioned officers, detailed to States,
municipalities, or other organizations under authority of section 214 of
the PHS Act, or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall
[[Page 140 STAT. 266]]
not be included within any personnel ceiling applicable to the Agency,
Service, or HHS during the period of detail or assignment: Provided
further, That CDC may use up to $10,000 from amounts appropriated to CDC
in this Act for official reception and representation expenses when
specifically approved by the Director of CDC: Provided further, That in
addition, such sums as may be derived from authorized user fees, which
shall be credited to the appropriation charged with the cost thereof:
Provided further, That with respect to the previous proviso, authorized
user fees from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30, 2027.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $7,352,159,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,990,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $525,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,326,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,804,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,585,279,000: Provided,
That not less than $270,000,000 is provided for research to develop
universal flu vaccines.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,269,679,000, of which
$1,427,482,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $450,956,000 is provided for the
Institutional Development Awards program.
[[Page 140 STAT. 267]]
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,769,078,000: Provided,
That not less than $63,400,000 is provided for the Implementing a
Maternal health and Pregnancy Outcomes Vision for Everyone (IMPROVE)
Initiative.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,517,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,189,843,000.
[[Page 140 STAT. 268]]
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$538,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $497,548,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2027: Provided
further, <<NOTE: Contracts.>> That in this fiscal year, the National
Library of Medicine may enter into personal services contracts for the
provision of services in facilities owned, operated, or constructed
under the jurisdiction of the National Institutes of Health (referred to
in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $942,323,000: Provided, That
$75,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
NIH, $2,462,914,000: Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, <<NOTE: Time period.>> That all funds credited
to the NIH Management Fund shall remain available for one fiscal
[[Page 140 STAT. 269]]
year after the fiscal year in which they are deposited: Provided
further, That $180,000,000 shall be for the Environmental Influences on
Child Health Outcomes study: Provided further, That $572,401,000 shall
be available for the Common Fund established under section 402A(c)(1) of
the PHS Act: Provided further, That of the funds provided, $10,000 shall
be for official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the Office
of AIDS Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That $80,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283k), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000 shall
be transferred to and merged with the appropriation for the ``Office of
Inspector General'' for oversight of grant programs and operations of
the NIH, including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in addition
to funds otherwise made available for oversight of the NIH: Provided
further, That amounts made available under this heading are also
available to establish, operate, and support the Research Policy Board
authorized by section 2034(f) of the 21st Century Cures Act: Provided
further, That not less than $106,480,000 is provided for the Office of
Research on Women's Health and such funds shall also be available for
making grants to serve and promote the interests of women in research,
and the Director of such Office may, in making such grants, use the
authorities available to NIH Institutes and Centers.
In addition to other funds appropriated for the Office of the
Director, $12,600,000 is appropriated from the 10-year Pediatric
Research Initiative Fund described in section 9008 of the Internal
Revenue Code of 1986 (26 U.S.C. 9008), for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research).
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $350,000,000, to remain available
until expended.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
available for such purposes in the appropriations provided to the NIH in
this Act, $226,000,000, to remain available until expended: Provided,
That such amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the Director of the
NIH to other accounts of the NIH solely for the purposes provided in
such Act: Provided further, <<NOTE: Determination.>> That upon a
determination by the Director of the NIH that funds transferred pursuant
to the previous proviso are not
[[Page 140 STAT. 270]]
necessary for the purposes provided, such amounts may be transferred
back to the Account: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided by law.
advanced research projects agency for health
For carrying out section 301 and part J of title IV of the PHS Act
with respect to advanced research projects for health, $1,500,000,000,
to remain available through September 30, 2028.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$2,790,407,000: Provided, That of the funds made available under this
heading, $100,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That of the funds made available under
this heading, $991,532,000 shall be for the Mental Health Block Grant:
Provided further, That of the funds made available under this heading,
$132,000,000 shall be for Children's Mental Health Services: Provided
further, That of the funds made available under this heading,
$66,635,000 shall be for Projects for Assistance in Transition from
Homelessness: Provided further, That of the funds made available under
this heading, $40,000,000 shall be for Protection and Advocacy for
Individuals with Mental Illness: Provided further, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to carry
out subpart I of part B of title XIX of the PHS Act to fund section
1920(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1920(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart I of part B of title XIX: Provided
further, That of the funds made available under this heading for subpart
I of part B of title XIX of the PHS Act, at least 5 percent shall be
available to support evidence-based crisis systems:
Provided <<NOTE: Grants. Contracts.>> further, That up to 10 percent of
the amounts made available to carry out the Children's Mental Health
Services program may be used to carry out demonstration grants or
contracts for early interventions with persons not more than 25 years of
age at clinical high risk of developing a first episode of psychosis:
Provided further, That section 520E(b)(2) of the PHS Act shall not apply
to funds appropriated in this Act for fiscal year 2026: Provided
further, That $385,500,000 shall be available until September 30, 2028
for grants to communities and community organizations who meet criteria
for Certified Community Behavioral Health Clinics pursuant to section
223(a) of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to section 241
of such Act: Provided further, That the budget activities specified in
the table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
[[Page 140 STAT. 271]]
consolidated Act) shall be funded in the amounts specified as
appropriations in such table: Provided further, That amounts made
available for 988 Lifeline appropriations shall be for the purposes
described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided further,
That of the funds made available under this heading, $21,420,000 shall
be to carry out section 224 of the Protecting Access to Medicare Act of
2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, section 1003 of the 21st
Century Cures Act, and the SUPPORT for Patients and Communities Act,
$4,091,098,000: Provided, That $1,595,000,000 shall be for carrying out
section 1003 of the 21st Century Cures Act: Provided further, That of
such amount in the preceding proviso not less than 4.25 percent shall be
made available to Indian Tribes or Tribal organizations: Provided
further, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act: (1)
$79,200,000 to carry out subpart II of part B of title XIX of the PHS
Act to fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not exceed
5 percent of the amounts appropriated for subpart II of part B of title
XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs:
Provided further, That $562,219,000 shall be for programs of regional
and national significance, which shall be for the purposes and in the
amounts specified in the table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), other than amounts specified in such table as
PHS Evaluation Funds: Provided further, That none of the funds provided
for section 1921 of the PHS Act or State Opioid Response Grants shall be
subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $240,879,000, which shall be for the
purposes and in the amounts specified in the table under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $171,566,000: Provided, That of
the amount made available under this heading, $54,311,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project
[[Page 140 STAT. 272]]
Funding/Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205 of
this Act: Provided further, That in addition to amounts provided herein,
$31,428,000 shall be available under section 241 of the PHS Act to
supplement funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and to conduct
public awareness and technical assistance activities:
Provided <<NOTE: Fees.>> further, That, in addition, fees may be
collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2027: Provided further, That funds made available
under this heading (other than amounts specified in the first proviso
under this heading) may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$345,380,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2026: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2027.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $508,148,791,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2026, for
the last quarter of fiscal year 2026 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2027, $316,514,725,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
[[Page 140 STAT. 273]]
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $593,817,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act;
together with all funds collected in accordance with section 353 of the
PHS Act and section 1857(e)(2) of the Social Security Act, funds
retained by the Secretary pursuant to section 1893(h) of the Social
Security Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this account and
remain available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the PHS Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided
further, <<NOTE: Fees.>> That the Secretary is directed to collect fees
in fiscal year 2026 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act: Provided further, That of
the amount made available under this heading, $397,334,000 shall remain
available until September 30, 2027, and shall be available for the
Survey and Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose under
this heading in division H of the Consolidated Appropriations Act, 2018
(Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $941,000,000, to remain available through September
30, 2027, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$699,058,000 shall be for the Centers for Medicare & Medicaid Services
program integrity activities, of which $108,735,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud
[[Page 140 STAT. 274]]
and abuse activities authorized by section 1817(k)(3) of such Act, and
of which $133,207,000 shall be for the Department of Justice to carry
out fraud and abuse activities authorized by section 1817(k)(3) of such
Act: Provided, That the report required by section 1817(k)(5) of the
Social Security Act for fiscal year 2026 shall include measures of the
operational efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided by this
appropriation: Provided further, That of the amount provided under this
heading, $311,000,000 is provided to meet the terms of a concurrent
resolution on the budget, and $630,000,000 is additional new budget
authority specified for purposes of a concurrent resolution on the
budget for additional health care fraud and abuse control activities:
Provided further, That the Secretary shall provide not less than
$35,000,000 from amounts made available under this heading and amounts
made available for fiscal year 2026 under section 1817(k)(3)(A) of the
Social Security Act for the Senior Medicare Patrol program to combat
health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
$4,147,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2027, $1,800,000,000, to
remain available until expended.
<<NOTE: Time period.>> For carrying out, after May 31 of the
current fiscal year, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
low income home energy assistance <<NOTE: State and local
governments.>>
For making payments under subsections (b) and (d) of section 2602 of
the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $4,045,000,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $9,600,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program activities
for compliance with internal controls, policies and procedures, and to
supplement funding otherwise available for necessary administrative
expenses to carry out such Act, and the Secretary may, in addition to
the authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That all but $907,348,000 of the amount
appropriated under this heading shall be allocated as though the total
appropriation for such payments for fiscal year 2026 was less than
$1,975,000,000: Provided
further, <<NOTE: Territories. Allocations. Reduction.>> That, after
applying all applicable provisions of section 2604 of such Act and the
previous proviso, each State or territory that would otherwise receive
an allocation that is less than 97 percent of the amount that it
received under this heading for fiscal year 2025 from amounts
appropriated pursuant to section 1101(a)(8) of division A of Public Law
119-4 shall have its allocation increased to that 97 percent level, with
the
[[Page 140 STAT. 275]]
portions of other States' and territories' allocations that would exceed
100 percent of the amounts they respectively received in such fashion
for fiscal year 2025 being ratably reduced: Provided
further, <<NOTE: Deadline.>> That by November 1 of the current year,
the Secretary shall award to each State no less than 90 percent of its
total allotment, as calculated pursuant to the preceding two provisos.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$5,163,956,000, of which $5,114,201,000 shall remain available through
September 30, 2028 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided
further, <<NOTE: Applicability.>> That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall apply to
transfers to appropriations under this heading by substituting ``15
percent'' for ``3 percent'': Provided further, That the contribution of
funds requirement under section 235(c)(6)(C)(iii) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading: Provided
further, <<NOTE: Determination.>> That for any month in fiscal year
2026 that the number of unaccompanied children referred to the
Department of Health and Human Services pursuant to section 462 of the
Homeland Security Act of 2002 and section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 exceeds
16,000, as determined by the Secretary of Health and Human Services, an
additional $15,000,000, to remain available until September 30, 2027,
shall be made available for obligation for every 500 unaccompanied
children above that level (including a pro rata amount for any increment
less than 500), for carrying out such sections 462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $8,831,387,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, <<NOTE: Contracts.>> That technical
assistance under section 658I(a)(3) of such Act may be provided
directly, or through the use of contracts, grants, cooperative
agreements, or interagency agreements: Provided further, That all funds
made available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, <<NOTE: Native Americans.>>
That notwithstanding the limitation in subparagraph (B) of section
658O(a)(2) of such
[[Page 140 STAT. 276]]
Act, of the amounts appropriated under this heading, not less than 5
percent shall be reserved under subparagraph (A) of such section for
payments to Indian Tribes and Tribal organizations: Provided further,
That of the amounts made available under this heading, the Secretary may
reserve up to 0.5 percent for Federal administrative expenses: Provided
further, <<NOTE: Time period.>> That the Secretary shall award to each
State its allotted amount no less than quarterly.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities), part
B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of
the Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to carry out
titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act,
the Act of July 5, 1960, and the Low-Income Home Energy Assistance Act
of 1981, $14,923,390,000, of which $75,000,000, to remain available
through September 30, 2027, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A of
the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2026: Provided, That
$12,356,820,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $75,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall not
be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under the
Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and
such funds shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is used in
section 640(a)(7)(A) of such Act;
(3) $10,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent with
section 648(g) of such Act;
(4) Not to exceed $8,000,000 shall be available until
September 30, 2027 for the Marshall Islands and Micronesia for
the start-up and operation of Head Start services and for the
[[Page 140 STAT. 277]]
provision of training and technical assistance:
Provided, <<NOTE: Time period.>> That an agency awarded these
funds shall not be subject to the requirements of the system for
designation renewal as defined by section 641 of the Head Start
Act, for this award only, prior to 24 months after the date of
such award; and
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, <<NOTE: Reduction.>> That the Secretary may reduce
the reservation of funds under section 640(a)(2)(C) of such Act in lieu
of reducing the reservation of funds under sections 640(a)(2)(B),
640(a)(2)(D), and 640(a)(2)(E) of such Act: Provided further, That the
Secretary shall award funding for continuation awards and new award
cycles that continue previous activities under existing awards no later
than the day following the expiration of the period of performance:
Provided further, That $315,000,000 shall be available until December
31, 2026 for carrying out sections 9212 and 9213 of the Every Student
Succeeds Act: Provided further, That up to 3 percent of the funds in the
preceding proviso shall be available for technical assistance and
evaluation related to grants awarded under such section 9212: Provided
further, That $810,383,000 shall be for making payments under the CSBG
Act: Provided further, That <<NOTE: State and local
governments. Applicability.>> for services furnished under the CSBG Act
with funds made available for such purpose in this fiscal year and in
fiscal year 2025, States may apply the last sentence of section 673(2)
of the CSBG Act by substituting ``200 percent'' for ``125 percent'':
Provided further, That $35,383,000 shall be for section 680 of the CSBG
Act, of which not less than $22,383,000 shall be for section 680(a)(2)
and not less than $13,000,000 shall be for section 680(a)(3)(B) of such
Act: Provided further, That, notwithstanding section 675C(a)(3) of the
CSBG Act, to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes: Provided
further, <<NOTE: Procedures. Time period. 42 USC 9921 note.>> That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the grant
period for any activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, <<NOTE: 42 USC 9921 note.>> That intangible
assets in the form of loans, equity investments and other debt
instruments, and program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: Applicability. 42 USC 9921 note.>> That these
procedures shall apply to such grant funds made available after November
29, 1999: Provided further, <<NOTE: Loans.>> That funds appropriated
for section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That $245,000,000 shall be for carrying out section
303(a) of the Family Violence Prevention and Services Act, of which
$9,500,000 shall be allocated notwithstanding section 303(a)(2) of such
Act for carrying out section 309 of such Act: Provided further, That the
percentages specified in section 112(a)(2) of the Child
[[Page 140 STAT. 278]]
Abuse Prevention and Treatment Act shall not apply to funds appropriated
under this heading: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared disasters,
to include a comprehensive national case management contract and Federal
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system's effectiveness: Provided further,
That $40,801,000 shall be used for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of the
funds made available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205 of this
Act: Provided further, That $34,512,000 shall be for the purposes and in
the amounts specified in the table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $420,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $62,515,000: Provided, That
of the funds available to carry out section 437, $59,765,000 shall be
allocated consistent with subsections (b) through (d) of such section:
Provided further, That of the funds available to carry out section 437,
$2,750,000, in addition to funds otherwise appropriated in section 476
for such purposes, shall be for the Family First Clearinghouse and to
support evaluation and technical assistance relating to the evaluation
of child and family services: Provided further, That notwithstanding
section 436(b)(1), such reserved amounts in the preceding proviso may be
used for identifying, establishing, and disseminating practices to meet
the criteria specified in section 471(e)(4)(C).
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $6,843,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2027,
$3,800,000,000.
<<NOTE: Effective date. Time period.>> For carrying out, after May
31 of the current fiscal year, except as otherwise provided, section 474
of title IV-E of the Social Security Act, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
[[Page 140 STAT. 279]]
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with respect
to such titles) of the Rehabilitation Act of 1973, and for Department-
wide coordination of policy and program activities that assist
individuals with disabilities, $2,453,737,000, together with $55,242,000
to be transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That of
amounts made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts shall be
available for developing and implementing evidence-based practices for
enhancing senior nutrition, including medically-tailored meals: Provided
further, That notwithstanding any other provision of this Act, funds
made available under this heading to carry out section 311 of the OAA
may be transferred to the Secretary of Agriculture in accordance with
such section: Provided further, <<NOTE: Grants. Native Americans.>>
That up to 5 percent of the funds provided for adult protective services
grants under section 2042 of title XX of the Social Security Act may be
used to make grants to Tribes and Tribal organizations: Provided
further, That $2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase of
assistive technology devices, such as a low-interest loan fund; an
interest buy-down program; a revolving loan fund; a loan guarantee; or
an insurance program: Provided further, That applicants shall provide an
assurance that, and information describing the manner in which, the
alternative financing program will expand and emphasize consumer choice
and control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, <<NOTE: Notice. Deadline.>> That none of the funds made
available under this heading may be used by an eligible system (as
defined in section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
to a mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals
[[Page 140 STAT. 280]]
(or, in the case of mental incapacitation, the legal guardians who have
been specifically awarded authority by the courts to make healthcare and
residential decisions on behalf of such individuals) who are affected by
such action, within 90 days of instituting such legal action, which
informs such individuals (or such legal guardians) of their legal rights
and how to exercise such rights consistent with current Federal Rules of
Civil Procedure: Provided further, That the limitations in the
immediately preceding proviso shall not apply in the case of an
individual who is neither competent to consent nor has a legal guardian,
nor shall the proviso apply in the case of individuals who are a ward of
the State or subject to public guardianship: Provided further, That of
the amount made available under this heading, $13,968,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending'' included
for this division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided
further, That none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
Administration for Strategic Preparedness and Response
research, development, and procurement
For carrying out title III and subtitles A and B of title XXVIII of
the PHS Act, with respect to the research, development, storage,
production, and procurement of medical countermeasures to counter
potential chemical, biological, radiological, and nuclear threats to
civilian populations, $3,207,991,000: Provided, That of such amount:
(1) $1,050,000,000, to remain available through September
30, 2027, shall be for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS Act
and other administrative expenses of the Biomedical Advanced
Research and Development Authority;
(2) $850,000,000, to remain available until expended, shall
be for expenses necessary for procuring security countermeasures
(as defined in section 319F-2(c)(1)(B) of the PHS Act);
(3) $1,000,000,000, to remain available until expended,
shall be for expenses necessary to carry out section 319F-2(a)
of the PHS Act; and
(4) $307,991,000 shall be for expenses necessary to prepare
for or respond to an influenza pandemic, of which $280,000,000
shall remain available until expended for activities including
the development and purchase of vaccines, antivirals, necessary
medical supplies, diagnostics, and surveillance tools: Provided,
That notwithstanding section 496(b) of the PHS Act, funds
allocated under this paragraph may be used for the construction
or renovation of privately owned facilities for the production
of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to
secure sufficient supplies of such vaccines or biologics:
Provided further, That funds provided under this heading for purposes
of acquisition of security countermeasures shall be in addition to any
other funds made available for such purposes: Provided further, That
products purchased with funds made available under
[[Page 140 STAT. 281]]
this heading may, at the discretion of the Secretary, be deposited in
the Strategic National Stockpile pursuant to section 319F-2 of the PHS
Act.
operations, preparedness, and emergency response
For carrying out titles III, XII, and subtitles A and B of title
XXVIII of the PHS Act, operations and emergency response activities
related to countering potential chemical, biological, radiological, and
nuclear threats and other public health emergencies, $484,606,000:
Provided, That of the amounts made available under this heading,
$5,000,000 shall remain available through September 30, 2028, to support
emergency operations: Provided further, That of the amounts made
available under this heading, $10,000,000 shall remain available until
September 30, 2027, for advanced research and development,
manufacturing, production, procurement, distribution, and the
acquisition, construction, alteration, or renovation of non-federally
owned facilities for the production and purchase of medical
countermeasures, which may include the development, translation, and
demonstration at scale of innovations in manufacturing platform.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, research
studies under section 1110 of the Social Security Act, and for
protection services for the Secretary, $509,144,000, together with
$64,828,000 from the amounts available under section 241 of the PHS Act
to carry out national health or human services research and evaluation
activities: Provided, That of this amount, $56,000,000 shall be for
minority AIDS prevention and treatment activities: Provided further,
That of the funds made available under this heading, $101,000,000 shall
be for making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of which not
more than 10 percent of the available funds shall be for training and
technical assistance, evaluation, outreach, and additional program
support activities, and of the remaining amount 75 percent shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25
percent shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available under
section 241 of the PHS Act, $6,800,000 shall be available to carry out
evaluations (including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds made
available under this heading, $35,000,000 shall be for making
competitive
[[Page 140 STAT. 282]]
grants which exclusively implement education in sexual risk avoidance
(defined as voluntarily refraining from non-marital sexual activity):
Provided further, <<NOTE: Sexual risk avoidance.>> That funding for
such competitive grants for sexual risk avoidance shall use medically
accurate information referenced to peer-reviewed publications by
educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired outcomes
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion, dating
violence, and other youth risk behaviors such as underage drinking or
illicit drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs: Provided
further, <<NOTE: Embryo adoption.>> That funds provided in this Act for
embryo adoption activities may be used to provide to individuals
adopting embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4): Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize competitions
sponsored by the Office of the Secretary to accelerate innovation in the
prevention, diagnosis, and treatment of kidney diseases (as authorized
by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719)).
In addition, for expenses necessary to carry out title II of the PHS
Act to support, except as otherwise provided, activities related to
safeguarding classified national security information and providing
intelligence and national security support across the Department and to
counter cybersecurity threats to civilian populations, $108,983,000.
In addition, for expenses necessary to prevent, prepare for, or
respond to an influenza pandemic, $7,009,000.
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $186,155,000 shall remain available until
September 30, 2027, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $69,238,000, of which
$35,863,000 shall be from amounts made available under section 241 of
the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
[[Page 140 STAT. 283]]
in carrying out the provisions of the Inspector General Act of 1978,
$87,000,000: Provided, That of such amount, necessary sums shall be
available for investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228: Provided further,
That of the amount appropriated under this heading, necessary sums shall
be available for carrying out activities authorized under section 3022
of the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights, $39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be used
to pay the salary of an individual, through a grant or other extramural
mechanism, at a rate in excess of Executive Level II: Provided, That
none of the funds appropriated in this title shall be used to prevent
the NIH from paying up to 100 percent of the salary of an individual at
this rate.
Sec. 203. <<NOTE: Reports.>> None of the funds appropriated in this
or any other Act may be expended pursuant to section 241 of the PHS Act,
except for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the planned uses of such funds.
Sec. 204. <<NOTE: Determination. Evaluation.>> Notwithstanding
section 241(a) of the PHS Act, such portion as the Secretary shall
determine, but not more than 2.5 percent, of any amounts appropriated
for programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or
[[Page 140 STAT. 284]]
to fund any project or activity for which no funds are provided in this
Act: Provided further, <<NOTE: Notifications. Time period.>> That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 206. <<NOTE: Time period. Contracts.>> In lieu of the
timeframe specified in section 338E(c)(2) of the PHS Act, terminations
described in such section may occur up to 60 days after the effective
date of a contract awarded in fiscal year 2026 under section 338B of
such Act, or at any time if the individual who has been awarded such
contract has not received funds due under the contract.
Sec. 207. <<NOTE: Certification. Children, youth, and
families. Family planning.>> None of the funds appropriated in this Act
may be made available to any entity under title X of the PHS Act unless
the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 208. <<NOTE: Child abuse.>> Notwithstanding any other
provision of law, no provider of services under title X of the PHS Act
shall be exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse, rape, or
incest.
Sec. 209. <<NOTE: Abortion.>> None of the funds appropriated by
this Act (including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary denies
participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs the
Secretary that it will not provide, pay for, provide coverage of, or
provide referrals for abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment to such an
entity (based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. <<NOTE: Gun control.>> None of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.
Sec. 211. <<NOTE: Government employees. Children, youth, and
families. AIDS.>> The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. <<NOTE: HIV/AIDS.>> In order for HHS to carry out
international health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health activities
abroad during fiscal year 2026:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of
1956. <<NOTE: Consultation.>> The Secretary shall consult with
the Secretary of State and relevant Chief of Mission to ensure
that the authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign Service Act of
1980 and other applicable statutes administered by the
Department of State.
[[Page 140 STAT. 285]]
(2) <<NOTE: Reimbursement.>> The Secretary is authorized to
provide such funds by advance or reimbursement to the Secretary
of State as may be necessary to pay the costs of acquisition,
lease, alteration, renovation, and management of facilities
outside of the United States for the use of
HHS. <<NOTE: Compliance.>> The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The <<NOTE: Grants. Contracts. Nonprofits.>> Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. <<NOTE: Payments.>> The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such personnel under section 5304 of title 5, United
States Code if such personnel's official duty station were in
the District of Columbia. Leaves of absence for personnel under
this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code,
or section 903 of the Foreign Service Act of 1980, to
individuals serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, <<NOTE: Notifications. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. <<NOTE: Determination.>> Of the amounts made available in
this Act for NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of NIH and
the Director of the Office of AIDS Research, shall be made available to
the ``Office of AIDS Research'' account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry
[[Page 140 STAT. 286]]
out research identified pursuant to or research and activities described
in such section 402(b)(12).
(b) <<NOTE: Procedures. Assessments.>> Peer Review.--In entering
into transactions under subsection (a), the Director may utilize such
peer review procedures (including consultation with appropriate
scientific experts) as the Director determines to be appropriate to
obtain assessments of scientific and technical
merit. <<NOTE: Applicability.>> Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
(c) <<NOTE: Deadline.>> Notification.--The Director shall notify
the Committees on Appropriations of the House of Representatives and the
Senate not later than 15 days after the Director exercises the authority
under subsection (a) for any transaction that is expected to cost the
NIH in excess of $100,000,000.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. <<NOTE: Contracts.>> (a) The Biomedical Advanced Research
and Development Authority (``BARDA'') may enter into a contract, for
more than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) <<NOTE: Determination.>> the Secretary determines that
a multi-year contract will serve the best interests of the
Federal Government by encouraging full and open competition or
promoting economy in administration, performance, and operation
of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
[[Page 140 STAT. 287]]
Sec. 219. <<NOTE: Publication. Web posting.>> (a) The Secretary
shall publish in the fiscal year 2027 budget justification and on
Departmental Web sites information concerning the employment of full-
time equivalent Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying out the
provisions of the ACA, and the amendments made by that Act, in the
proposed fiscal year and each fiscal year since the enactment of the
ACA.
(b) <<NOTE: Contracts.>> With respect to employees or contractors
supported by all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall include, at a
minimum, the following information:
(1) <<NOTE: Statement.>> For each such fiscal year, the
section of such Act under which such funds were appropriated, a
statement indicating the program, project, or activity receiving
such funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. <<NOTE: Publication.>> The Secretary shall publish, as
part of the fiscal year 2027 budget of the President submitted under
section 1105(a) of title 31, United States Code, information that
details the uses of all funds used by the Centers for Medicare &
Medicaid Services specifically for Health Insurance Exchanges for each
fiscal year since the enactment of the ACA and the proposed uses for
such funds for fiscal year 2027. Such information shall include, for
each such fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange Transparency''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) <<NOTE: Deadline.>> Within 45 days of enactment of
this Act, the Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts specified, and
for the activities specified under the heading ``Prevention and Public
Health Fund'' in the explanatory statement described in
[[Page 140 STAT. 288]]
section 4 (in the matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. <<NOTE: Time period.>> Effective during the period
beginning on November 1, 2015 and ending January 1, 2028, any provision
of law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United States
Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary
involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. <<NOTE: Applicability.>> In making Federal financial
assistance, the provisions relating to indirect costs in part 75 of
title 45, Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to apply to
the National Institutes of Health to the same extent and in the same
manner as such provisions were applied in the third quarter of fiscal
year 2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human Services
or to any department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect of such
approvals in such quarter.
(transfer of funds)
Sec. 225. <<NOTE: Opioids. Time period. Notification.>> The NIH
Director may transfer funds for opioid addiction, opioid alternatives,
stimulant misuse and addiction, pain management, and addiction treatment
to other Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That the transfer
authority provided in the previous proviso is in addition to any other
transfer authority provided by law.
Sec. 226. <<NOTE: Notifications.>> (a) The Secretary shall provide
to the Committees on Appropriations of the House of Representatives and
the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) <<NOTE: Grants.>> Notification of any new or
competitive grant awards, including supplements, authorized
under section 330 of the Public Health Service Act.
(b) <<NOTE: Time period.>> The Committees on Appropriations of the
House and Senate must be notified at least 2 business days in advance of
any public release of enrollment information or the award of such
grants.
[[Page 140 STAT. 289]]
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $455,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. <<NOTE: Reports.>> The Department of Health and Human
Services shall provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and Human
Services shall also be available to pay travel and related expenses of
such an employee or of a member of his or her family, when such employee
is assigned to duty, in the United States or in a U.S. territory, during
a period and in a location that are the subject of a determination of a
public health emergency under section 319 of the Public Health Service
Act and such travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately addressed in that
location at that time. <<NOTE: Definition.>> For purposes of this
section, the term ``U.S. territory'' means Guam, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American
Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. <<NOTE: Donations. Alien children.>> The Department of
Health and Human Services may accept donations from the private sector,
nongovernmental organizations, and other groups independent of the
Federal Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in the care of the Office of Refugee Resettlement of
the Administration for Children and Families, including medical goods
and services, which may include early childhood developmental
screenings, school supplies, toys, clothing, and any other items
intended to promote the wellbeing of such children.
Sec. 231. <<NOTE: Alien children. Determination. Time periods.>>
None of the funds made available in this Act under the heading
``Department of Health and Human Services--Administration for Children
and Families--Refugee and Entrant Assistance'' may be obligated to a
grantee or contractor to house unaccompanied alien children (as such
term is defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the case that
the Secretary determines that housing unaccompanied alien children in
such a facility is necessary on a temporary basis due to an influx of
such children or an emergency, provided that--
(1) <<NOTE: Compliance.>> the terms of the grant or
contract for the operations of any such facility that remains in
operation for more than six consecutive months shall require
compliance with--
(A) <<NOTE: Determination.>> the same requirements
as licensed placements, as listed in Exhibit 1 of the
Flores Settlement Agreement
[[Page 140 STAT. 290]]
that the Secretary determines are applicable to non-
State licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) <<NOTE: Waiver authority. Certification. Reports.>> the
Secretary may grant a 60-day waiver for a contractor's or
grantee's non-compliance with paragraph (1) if the Secretary
certifies and provides a report to Congress on the contractor's
or grantee's good-faith efforts and progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three months
of operation, with quarterly monitoring visits thereafter; and
(6) <<NOTE: Deadline. Briefing.>> not later than 60 days
after the date of enactment of this Act, ORR shall brief the
Committees on Appropriations of the House of Representatives and
the Senate outlining the requirements of ORR for influx
facilities including any requirement listed in paragraph (1)(A)
that the Secretary has determined are not applicable to non-
State licensed facilities.
Sec. 232. <<NOTE: Notification. Time periods. Analysis. Alien
children. 6 USC 279 note.>> In addition to the existing Congressional
notification for formal site assessments of potential influx facilities,
the Secretary shall notify the Committees on Appropriations of the House
of Representatives and the Senate at least 15 days before
operationalizing an unlicensed facility, and shall (1) specify whether
the facility is hard-sided or soft-sided, and (2) provide analysis that
indicates that, in the absence of the influx facility, the likely
outcome is that unaccompanied alien children will remain in the custody
of the Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in
danger. <<NOTE: Reports.>> Within 60 days of bringing such a facility
online, and monthly thereafter, the Secretary shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a report detailing the total number of children in care at the
facility, the average length of stay and average length of care of
children at the facility, and, for any child that has been at the
facility for more than 60 days, their length of stay and reason for
delay in release.
Sec. 233. <<NOTE: Congress. Alien children. Time period.>> None of
the funds made available in this Act may be used to prevent a United
States Senator or Member of the House of Representatives from entering,
for the purpose of conducting oversight, any facility in the United
States used for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided
that such Senator or Member has coordinated the oversight visit with the
Office of Refugee Resettlement not less than two business days
[[Page 140 STAT. 291]]
in advance to ensure that such visit would not interfere with the
operations (including child welfare and child safety operations) of such
facility.
Sec. 234. <<NOTE: Time period. Public information. Web
posting. Reports. Alien children. 6 USC 279 note.>> Not later than 14
days after the date of enactment of this Act, and monthly thereafter,
the Secretary shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, and make publicly available
online, a report with respect to children who were separated from their
parents or legal guardians by the Department of Homeland Security (DHS)
(regardless of whether or not such separation was pursuant to an option
selected by the children, parents, or guardians), subsequently
classified as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report shall contain
the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory at costs not in excess of those paid for or reimbursed by the
Department of Defense: Provided, <<NOTE: Definition.>> That for
purposes of this section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 236. Funds made available in this Act under each of the
headings ``Immunization and Respiratory Diseases'', ``HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention'',
``Emerging and Zoonotic Infectious Diseases'', ``Chronic Disease
Prevention and Health Promotion'', ``Birth Defects, Developmental
Disabilities, Disabilities and Health'', ``Public Health Scientific
Services'', ``Environmental Health'', ``Injury Prevention and Control'',
``National Institute for Occupational Safety and Health'', ``Global
Health'', ``Public Health Preparedness and Response'', and ``CDC-Wide
Activities and Program Support'' shall be for the budget activities, and
in the amounts specified in the table under each such heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(rescission)
Sec. 237. <<NOTE: Deadline.>> Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of division G
of Public Law 110-161, $1,826,000,000 are hereby rescinded not later
than September 30, 2026, except that no amounts may be rescinded from
amounts that were previously designated by the Congress as being for an
emergency requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 238. <<NOTE: Investigations. 42 USC 283a-5.>> The Director of
the NIH shall hereafter require institutions that receive funds through
a grant or cooperative agreement or other form of extramural award
during fiscal year 2026 and in future years to complete any
investigation undertaken due
[[Page 140 STAT. 292]]
to concerns about harassment, bullying retaliation, or hostile working
conditions regarding any individual identified as a principal
investigator or key personnel in an NIH notice of award or progress
report even if during the course of the investigation the individual
under investigation leaves their current position and is no longer
employed by the institution. The Director may hereafter decline transfer
of an ongoing extramural award to a different institution if concerns
about harassment, bullying, hostile work environment, or other
professional misconduct on the part of a principal investigator or key
personnel named in the Notice of Award or progress report have not been
resolved to the NIH's satisfaction. The Director of the NIH shall
hereafter have the authority to share investigation reports,
conclusions, and results of any investigation of individuals identified
as a principal investigator or as key personnel in an NIH notice of
award or progress report due to concerns about harassment, bullying,
retaliation, or hostile working conditions on an as needed basis with
any institution that receives funds through a grant or cooperative
agreement or other form of extramural award during fiscal year 2026 or
any subsequent fiscal year. <<NOTE: Regulations.>> The Director may
issue regulations consistent with this section.
Sec. 239. The Department of Health and Human Services shall support
staffing levels necessary to fulfill its statutory responsibilities
including carrying out programs, projects, and activities funded in this
title of this Act in a timely manner: Provided,
That <<NOTE: Plan. Public information. Review. Time period.>> the
Secretary shall submit a detailed plan and justification to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available to allow for an independent review
not less than 60 days prior to initiating the execution of any
reorganization moving functions, pursuant to any authorities otherwise
provided, carried out by the Centers for Disease Control and Prevention
to another component of the Department of Health and Human Services,
relative to how such functions are funded in this Act.
Sec. 240. (a) Not to exceed the amount of funds made available under
the heading ``National Institutes of Health'' in fiscal year 2025 that
were obligated during fiscal year 2025 for more than one year of a
multiyear award may be obligated in fiscal year 2026 from amounts made
available under such heading in this Act for more than one year of a
multiyear award.
(b) A multiyear award, as the term is used in this section, includes
multiyear awards for grants, cooperative agreements, contracts, and any
other financial mechanisms.
Sec. 241. <<NOTE: Effective date. Notification letter. Time
periods.>> The Administrator of the Centers for Medicare & Medicaid
Services shall not apply the distance requirements under
1820(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 1395i-
4(c)(2)(B)(i)(I)) to any facility with a critical access hospital
provider agreement that was designated and certified as a critical
access hospital as of January 1, 2024, and receives a notification
letter from the Centers for Medicare & Medicaid Services during the
period beginning on December 1, 2024, and ending on January 1, 2026,
that the facility was found to be noncompliant with such distance
requirements under section 1820(c)(2)(B)(i)(I) of the Social Security
Act (42 U.S.C. 1395i-4(c)(2)(B)(i)(I)). <<NOTE: Time
period. Recertification. Reinstatement.>> In the case where a provider
agreement for such facility was terminated on or after December 1, 2024
but prior to the date of enactment of this Act exclusively because such
facility was unable to meet the distance requirement under section
1820(c)(2)(B)(i)(I) of the Social Security
[[Page 140 STAT. 293]]
Act (42 U.S.C. 1395i-4(c)(2)(B)(i)(I)), the Administrator shall provide
for the recertification of such facility as a critical access hospital
and reinstatement of such provider agreement. This provision shall not
be construed to prohibit the application of any other enforcement
measures deemed necessary by the Administrator, including termination of
the provider agreement, in response to such facility's violation of any
Federal regulation other than the distance requirement.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2026''.
[[Page 140 STAT. 294]]
TITLE III <<NOTE: Department of Education Appropriations Act, 2026.>>
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
education for the disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $19,127,790,000, of which
$8,199,490,000 shall become available on July 1, 2026, and shall remain
available through September 30, 2027, and of which $10,841,177,000 shall
become available on October 1, 2026, and shall remain available through
September 30, 2027, for academic year 2026-2027: Provided, That
$6,459,401,000 shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2025, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further, That
$5,302,550,000 shall be for targeted grants under section 1125 of the
ESEA: Provided further, That $5,302,550,000 shall be for education
finance incentive grants under section 1125A of the ESEA: Provided
further, That $224,000,000 shall be for carrying out subpart 2 of part B
of title II: Provided further, That $52,123,000 shall be for carrying
out section 418A of the HEA.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,630,151,000, of
which $1,477,000,000 shall be for basic support payments under section
7003(b), $49,316,000 shall be for payments for children with
disabilities under section 7003(d), $19,000,000 to remain available
through September 30, 2027, shall be for construction under section
7007(b), $80,000,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008: Provided, That for
purposes of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year 2025-2026,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 7003(a)(1)(B) of such Act, but due to
the deployment of both parents or legal guardians, or a parent or legal
guardian having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long as such
children reside on Federal property as described in section
7003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the same
local educational agency they attended prior to their change in
eligibility status.
[[Page 140 STAT. 295]]
school improvement programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; and the Civil Rights Act
of 1964, $5,781,178,000, of which $3,952,312,000 shall become available
on July 1, 2026, and remain available through September 30, 2027, and of
which $1,681,441,000 shall become available on October 1, 2026, and
shall remain available through September 30, 2027, for academic year
2026-2027: Provided, That $2,190,080,000 shall be for part A of title II
of the ESEA: Provided further, That $380,000,000 shall be for part B of
title I: Provided further, That $1,329,673,000 shall be for part B of
title IV: Provided further, <<NOTE: Applicability.>> That $45,897,000
shall be for part B of title VI, which may be used for construction,
renovation, and modernization of any public elementary school, secondary
school, or structure related to a public elementary school or secondary
school that serves a predominantly Native Hawaiian student body, and
that the 5 percent limitation in section 6205(b) of the ESEA on the use
of funds for administrative purposes shall apply only to direct
administrative costs: Provided further, That the Secretary shall use
$650,000 of funds made available in the preceding proviso to carry out
section 6204 of the ESEA: Provided further, That
$44,953,000 <<NOTE: Applicability.>> shall be for part C of title VI,
which shall be awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section 6305 of the
ESEA on the use of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That $50,000,000 shall be
available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian Education
has access to services provided under this section: Provided further,
That $225,000,000 shall be for part B of title V: Provided further, That
in carrying out such part B the percentage in section 316(b)(1)(F) of
title III of division H of Public Law 116-260 shall be deemed 83.33
percent: Provided further, That $1,380,000,000 shall be available for
grants under subpart 1 of part A of title IV: Provided further, That
$129,000,000 shall be for subpart B of title VII of the McKinney-Vento
Homeless Assistance Act, which shall be available for expenditure by
educational agencies and institutions for an additional fiscal year
following the succeeding fiscal year provided by subsection 421(b)(1) of
the General Education Provisions Act.
indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $196,746,000, of which
$72,000,000 shall be for subpart 2 of part A of title VI and $14,365,000
shall be for subpart 3 of part A of title VI: Provided,
That <<NOTE: Applicability.>> the 5 percent limitation in sections
6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative costs:
Provided further, That <<NOTE: Time period.>> grants awarded under
sections 6132 and 6133 of the ESEA with funds provided under this
heading may be for a period of up to 5 years: Provided further, That the
Secretary may make
[[Page 140 STAT. 296]]
awards under subpart 3 of part A of title VI without regard to the
funding limitation in section 6133(b)(1) of the ESEA.
innovation and improvement
For carrying out activities authorized by subparts 1, 3, and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
of title IV of the ESEA, $1,191,147,000, which shall be for the purposes
and in the amounts specified in the ``Final Bill'' column for Innovation
and Improvement in the ``Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which the amounts
made available for ``Community Project Funding/Congressionally Directed
Spending'' are for the projects, and in the amounts, specified for this
account in the table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) and none
of the funds made available for such projects shall be subject to
section 302 of this Act: Provided, That amounts for subparts 1, 3, and 4
of part B of title II shall be made available without regard to sections
2201, 2231(b), and 2241: Provided further, That amounts for parts C, D,
and E and subpart 4 of part F of title IV shall be made available
without regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the funds
available for part C of title IV: Provided further, That of the funds
available for part C of title IV, the Secretary shall use not less than
$60,000,000 to carry out section 4304, not more than $140,000,000, to
remain available through March 31, 2027, to carry out section 4305(b),
from which the amount necessary for continuation grants may be available
for obligation through March 31, 2027, and not more than $16,000,000 to
carry out the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $235,000,000 shall be available through
December 31, 2026 for subpart 1 of part F of title IV: Provided further,
That of the funds available for subpart 4 of part F of title IV, not
less than $8,000,000 shall be used for grants for eligible national
nonprofit organizations, as described in the Applications for New
Awards; Assistance for Arts Education Program published in the Federal
Register on May 31, 2022, for activities described under section
4642(a)(1)(C): Provided further, That the competitive preference
priority described in such notice shall be given only to an eligible
national nonprofit organization that previously received the competitive
preference priority pursuant to such notice.
safe schools and citizenship education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $431,000,000, to remain available through
December 31, 2026: Provided, That $190,000,000 shall be available for
section 4631, of which up to $6,000,000, to remain available until
expended, shall be for the Project School Emergency Response to Violence
(Project SERV) program: Provided further, That $150,000,000 shall be
available for section 4625: Provided further, That $91,000,000 shall be
for section 4624.
[[Page 140 STAT. 297]]
Office of English Language Acquisition
english language acquisition
For carrying out part A of title III of the ESEA, $890,000,000,
which shall become available on July 1, 2026, and shall remain available
through September 30, 2027, except that 6.5 percent of such amount shall
be available on October 1, 2025, and shall remain available through
September 30, 2027, to carry out activities under section 3111(c)(1)(C).
Office of Special Education and Rehabilitative Services <<NOTE: State
and local government.>>
special education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$15,490,264,000, of which $5,910,321,000 shall become available on July
1, 2026, and shall remain available through September 30, 2027, and of
which $9,283,383,000 shall become available on October 1, 2026, and
shall remain available through September 30, 2027, for academic year
2026-2027: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2025, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2025: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided
further, <<NOTE: Allocation.>> That the States shall allocate such
funds distributed under the second proviso to local educational agencies
in accordance with section 611(f): Provided
further, <<NOTE: Reduction. 20 USC 1411 note.>> That the amount by
which a State's allocation under section 611(d) of the IDEA is reduced
under section 612(a)(18)(B) and the amounts distributed to States under
the previous provisos in fiscal year 2012 or any subsequent year shall
not be considered in calculating the awards under section 611(d) for
fiscal year 2013 or for any subsequent fiscal years: Provided
further, <<NOTE: Applicability. Time period.>> That, notwithstanding
the provision in section 612(a)(18)(B) regarding the fiscal year in
which a State's allocation under section 611(d) is reduced for failure
to comply with the requirement of section 612(a)(18)(A), the Secretary
may apply the reduction specified in section 612(a)(18)(B) over a period
of consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, <<NOTE: Reduction. 20 USC 1411 note.>>
That the Secretary may, in any fiscal year in which a State's allocation
[[Page 140 STAT. 298]]
under section 611 is reduced in accordance with section 612(a)(18)(B),
reduce the amount a State may reserve under section 611(e)(1) by an
amount that bears the same relation to the maximum amount described in
that paragraph as the reduction under section 612(a)(18)(B) bears to the
total allocation the State would have received in that fiscal year under
section 611(d) in the absence of the reduction: Provided
further, <<NOTE: Reduction. 20 USC 1411 note.>> That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of the
General Education Provisions Act (20 U.S.C. 1234a): Provided further,
That the funds reserved under 611(c) of the IDEA may be used to provide
technical assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618 and to
administer and carry out other services and activities to improve data
collection, coordination, quality, and use under parts B and C of the
IDEA: Provided further, <<NOTE: Evaluation.>> That the Secretary may
use funds made available for the State Personnel Development Grants
program under part D, subpart 1 of IDEA to evaluate program performance
under such subpart: Provided further, <<NOTE: Grants.>> That States may
use funds reserved for other State-level activities under sections
611(e)(2) and 619(f) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities authorized by
those sections: Provided further, <<NOTE: Grants.>> That,
notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States
apply for grants pursuant to section 643(e) of such Act, the Secretary
shall provide a grant to each State in an amount equal to the maximum
amount described in section 643(e)(2)(B) of such Act: Provided
further, <<NOTE: Grants.>> That if more than 5 States apply for grants
pursuant to section 643(e) of the IDEA, the Secretary shall award funds
to those States on the basis of the States' relative populations of
infants and toddlers except that no such State shall receive a grant in
excess of the amount described in section 643(e)(2)(B) of such Act:
Provided further, <<NOTE: Grants.>> That States may use funds allotted
under section 643(c) of the IDEA to make subgrants to local educational
agencies, institutions of higher education, other public agencies, and
private non-profit organizations to carry out activities authorized by
section 638 of IDEA: Provided further, That, notwithstanding section 638
of the IDEA, a State may use funds it receives under section 633 of the
IDEA to offer continued early intervention services to a child who
previously received services under part C of the IDEA from age 3 until
the beginning of the school year following the child's third birthday
with parental consent and without regard to the procedures in section
635(c) of the IDEA: Provided further, That notwithstanding section 638
of the IDEA, a State may use funds appropriated under Part C of the IDEA
to conduct child find, public awareness, and referral activities for an
individual who is expected to become a parent of an infant with a
disability (as that term is defined in section 632(5)), as established
by medical or other records: Provided further, <<NOTE: Deadline.>> That
any State electing to use funds under the preceding proviso shall ensure
that, as soon as possible but not later than 45 days after the child's
birth, it completes the referral and eligibility process under this part
for that child.
[[Page 140 STAT. 299]]
rehabilitation services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$4,648,295,000, of which $4,504,096,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities, including related Federal administrative expenses, for
improving monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation Act, and
information technology needs under section 15 and titles I, III, VI, and
VII of the Rehabilitation Act: Provided further,
That <<NOTE: Evaluation.>> up to 15 percent of the amounts available
subsequent to reallotment for the activities described in the first
proviso from funds provided under this paragraph in this Act, may be
used for evaluation and technical assistance related to such activities:
Provided further, That any funds made available subsequent to
reallotment for the activities described in the first proviso may be
provided to States and other public, private and nonprofit entities,
including Indian Tribes and institutions of higher education for
carrying out such activities: Provided further, <<NOTE: Grants.>> That
States and other public and nonprofit entities, including Indian Tribes
and institutions of higher education may award subgrants for a portion
of the funds to other eligible entities: Provided further, That any
funds provided in this Act and made available subsequent to reallotment
for the purposes described in the first proviso shall remain available
until September 30, 2027: Provided further, That any funds provided in
the Full-Year Continuing Appropriations and Extensions Act, 2025 (Public
Law 119-4) and made available subsequent to reallotment shall remain
available until September 30, 2026: Provided further, That the Secretary
may transfer funds provided in this Act and made available subsequent to
the reallotment of funds to States pursuant to section 110(b) of the
Rehabilitation Act to ``Institute of Education Sciences'' for the
evaluation of outcomes for students receiving services and supports
under IDEA and under title I, section 504 of title V, and title VI of
the Rehabilitation Act: Provided further, That the transfer authority in
the preceding proviso is in addition to any other transfer authority in
this Act.
special institutions for persons with disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $92,500,000: Provided, That
from the total amount available, the Institute may
[[Page 140 STAT. 300]]
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$167,361,000, of which up to $15,000,000, to remain available until
expended, shall be for construction, as defined by section 201(2) of
such Act: Provided, That from the total amount available, the University
may at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
Office of Career, Technical, and Adult Education
career, technical, and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and
the Adult Education and Family Literacy Act (``AEFLA''), $2,181,436,000,
of which $1,390,436,000 shall become available on July 1, 2026, and
shall remain available through September 30, 2027, and of which
$791,000,000 shall become available on October 1, 2026, and shall remain
available through September 30, 2027: Provided, That up to $6,100,000
shall be available for innovation and modernization grants under such
section 114(e) of the Perkins Act: Provided further, That of the amounts
made available for AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Office of Federal Student Aid
student financial assistance
For carrying out subparts 1 and 3 of part A, and part C of title IV
of the HEA, $24,615,352,000 which shall remain available through
September 30, 2027: Provided, That $22,475,352,000 shall be for subpart
1 of part A, $910,000,000 shall be for subpart 3 of part A, and
$1,230,000,000 shall be for part C.
<<NOTE: 20 USC 1070a note.>> The maximum Pell Grant for which a
student shall be eligible during award year 2026-2027 shall be $6,335.
student <<NOTE: Contracts. Loans.>> aid administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,058,943,000, to remain available through
September 30, 2027: Provided, <<NOTE: Allocations.>> That in order to
promote accountability and high-quality service to borrowers, the
Secretary shall not award funding for any contract solicitation for a
new Federal student loan servicing environment unless such an
environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education to
manage a unique portfolio of borrower accounts and the full life-cycle
of loans from disbursement to pay-
[[Page 140 STAT. 301]]
off with certain limited exceptions, and allocates student loan borrower
accounts to eligible student loan servicers based on performance:
Provided further, <<NOTE: Reallocation.>> That the Department shall re-
allocate accounts from servicers for recurring non-compliance with FSA
guidelines, contractual requirements, and applicable laws, including for
failure to sufficiently inform borrowers of available repayment options:
Provided further, <<NOTE: Evaluations. Compliance.>> That such servicers
shall be evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws: Provided further, That FSA shall ensure that
the Federal loan servicing environment incentivizes more support to
borrowers at risk of delinquency or default: Provided further, That
FSA <<NOTE: Compliance.>> shall ensure that in such environment
contractors have the capacity to meet and are held accountable for
performance on service levels; are held accountable for and have a
history of compliance with applicable consumer protection laws; and have
relevant experience and demonstrated effectiveness: Provided further,
That the Secretary shall <<NOTE: Time period. Briefings.>> provide
monthly briefings to the Committees on Appropriations and Education and
Workforce of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to Federal student loan servicing and
repayment: Provided further, <<NOTE: Publication. Data.>> That FSA
shall strengthen transparency through expanded publication of aggregate
data on student loan and servicer performance: Provided
further, <<NOTE: Applicability.>> That the limitation in section 302 of
this Act regarding transfers increasing any appropriation shall apply to
transfers to appropriations under this heading by substituting ``10
percent'' for ``3 percent'' for the purposes of the continuation of
basic operations, including student loan servicing, business process
operations, digital customer care, common origination and disbursement,
cybersecurity activities, and information technology systems: Provided
further, <<NOTE: Deadlines. Spend plan. Time period. Updates.>> That
not later than 45 days after enactment of this Act, FSA shall provide to
the Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan of anticipated uses of funds made available
in this account for fiscal year 2026 and provide quarterly updates on
this plan (including contracts awarded, change orders, bonuses paid to
staff, reorganization costs, and any other activity carried out using
amounts provided under this heading for fiscal year 2026) no later than
10 days prior to the start of such quarter: Provided further,
That <<NOTE: Notification. Deadline.>> FSA shall notify the Committees
within 10 days of any modification of such spend plan that exceeds five
percent of the amount appropriated under the heading ``Student Aid
Administration''.
Office of Postsecondary Education
higher education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$3,265,598,000, of which $2,243,711,000 shall be for the purposes and in
the amounts, other than for ``Aid for Institutional Development'',
specified in the ``Final Bill'' column for Higher Education in the
``Departments of Labor, Health and Human Services,
[[Page 140 STAT. 302]]
Education, and Related Agencies Appropriations Act, 2026'' table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), of which the amounts made
available for Community Project Funding/Congressionally Directed
Spending are for the projects, and in the amounts, specified for this
account in the table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) and none
of the funds made available for such projects shall be subject to
section 302 of this Act, and of which the amounts made available for
part B of title VII of the HEA shall be for the purposes and in the
amounts specified in the table under the heading ``Fund for the
Improvement of Postsecondary Education'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That of the amounts provided under this
heading, $493,331,000 shall be for carrying out part A of title III and
title V of the HEA, of which $53,807,000 shall be for carrying out
section 316: Provided further, That of the amounts provided under this
heading, $528,556,000 shall be for carrying out part B of title III and
section 723 of the HEA, of which $6,000,000 of the amounts available for
section 323 of the HEA shall be for grants to supplement amounts awarded
to part B institutions that are junior or community colleges, as defined
in section 312(f) of the HEA: Provided further,
That <<NOTE: Allocations.>> the supplemental funds described in the
preceding proviso are in addition to any grant award that any
institution may receive under section 323 of the HEA and shall be
allocated in accordance with the allotments specified under section 324
of such Act: Provided further, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI of the
HEA and section 102(b)(6) of the Mutual Educational and Cultural
Exchange Act of 1961 may be used to support visits and study in foreign
countries by individuals who are participating in advanced foreign
language training and international studies in areas that are vital to
United States national security and who plan to apply their language
skills and knowledge of these countries in the fields of government, the
professions, or international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent may be used
for program evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation: Provided further, That section 313(d) of the
HEA shall not apply to an institution of higher education that is
eligible to receive funding under section 318 of the HEA: Provided
further, That amounts made available for carrying out section 419N of
the HEA may be awarded notwithstanding the limitations in section
419N(b)(2) of the HEA: Provided further, That activities authorized
under sections 317(c)(2)(B), 319(c)(2)(B), and 320(c)(2)(B) of the HEA
may include construction and maintenance in classrooms, libraries,
laboratories, and other instructional facilities.
howard university
For partial support of Howard University, $254,018,000, of which not
less than $3,405,000 shall be for a matching endowment
[[Page 140 STAT. 303]]
grant pursuant to the Howard University Endowment Act and shall remain
available until expended.
college housing and academic facilities loans program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $298,000.
historically <<NOTE: Loans.>> black college and university capital
financing program account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2027: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $500,000,000: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment of
Educational Progress Authorization Act, section 208 of the Educational
Technical Assistance Act of 2002, and section 664 of the Individuals
with Disabilities Education Act, $789,606,000, to remain available
through September 30, 2027, which shall be for the purposes and in the
amounts specified in the ``Final Bill'' column for Institute of
Education Sciences in the ``Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and secondary
data systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards to public or
private organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national levels.
[[Page 140 STAT. 304]]
Departmental Management
program <<NOTE: Effective dates.>> administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $399,407,000: Provided, That, notwithstanding any other
provision of law, none of the funds provided by this Act or provided by
previous Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may be used for
any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the Budget
Service of the Department of Education, relative to the organization and
operation of the Budget Service as in effect on January 1, 2018:
Provided further, That none of the funds provided by this Act may be
used to support a number of non-career employees that is more than the
number of non-career employees as of December 31, 2022: Provided
further, That the Department of Education shall support staffing levels
necessary to fulfill its statutory responsibilities including carrying
out programs, projects, and activities funded in this title of this Act
in a timely manner.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $67,500,000, of which $3,000,000 shall remain available through
September 30, 2027.
General Provisions
Sec. 301. <<NOTE: Voluntary prayer. Meditation.>> No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notifications. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
[[Page 140 STAT. 305]]
Sec. 303. <<NOTE: Time period.>> Funds appropriated in this Act and
consolidated for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2026, through September 30, 2027.
Sec. 304. (a) <<NOTE: Scholarships.>> An institution of higher
education that maintains an endowment fund supported with funds
appropriated for title III or V of the HEA for fiscal year 2026 may use
the income from that fund to award scholarships to students, subject to
the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall be
considered to have been an allowable use of that income, subject to that
limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. <<NOTE: Applicability. 20 USC 1011c note.>> Section
114(f) of the HEA (20 U.S.C. 1011c(f)) shall be applied by substituting
``2026'' for ``2021''.
Sec. 306. <<NOTE: Applicability. 20 USC 1087h note.>> Section
458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall be applied by
substituting ``2027'' for ``2021''.
Sec. 307. <<NOTE: Payments. Loans.>> Funds appropriated in this Act
under the heading ``Student Aid Administration'' may be available for
payments for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans under part E
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et
seq.).
Sec. 308. <<NOTE: Evaluations. Analysis. Data.>> The Secretary may
reserve not more than 0.5 percent from any amount made available in this
Act for an HEA program, except for any amounts made available for
subpart 1 of part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome data for any
program authorized by the HEA: Provided, That no funds made available in
this Act for the ``Student Aid Administration'' account shall be subject
to the reservation under this section: Provided further, That any funds
reserved under this section shall be available through September 30,
2028: Provided further, That if, under any other provision of law, funds
are authorized to be reserved or used for evaluation activities with
respect to a program or project, the Secretary may also reserve funds
for such program or project for the purposes described in this section
so long as the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations:
Provided <<NOTE: Deadline. Plan.>> further, That not later than 30 days
prior to the initial obligation of funds reserved under this section,
the Secretary shall submit to the Committees on Appropriations of the
Senate and the House of Representatives, the Committee on Health,
Education, Labor and Pensions of the Senate, and the Committee on
Education and Workforce of the House of Representatives a plan that
identifies the source and amount of funds reserved under this section,
the impact on program grantees if funds are withheld for the purposes of
this section, and the activities to be carried out with such funds.
(including transfer of funds)
Sec. 309. Of the amounts appropriated in this Act for ``Institute of
Education Sciences'' from amounts available for Program Administration,
up to $20,000,000 shall be available for the Secretary of Education
(``the Secretary'') to provide support services to the Institute of
Education Sciences (including, but not limited to information technology
services, lease or procurement of office
[[Page 140 STAT. 306]]
space, human resource services, financial management services, financial
systems support, budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants administration
and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of Education
methodology for allocating the cost of all such support services:
Provided further, That the Secretary may transfer any amounts available
for IES support services in excess of actual amounts needed for IES
support services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between amounts
available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary amounts
to the ``Institute of Education Sciences'' account from the ``Program
Administration'' account: Provided further, <<NOTE: Notifications. Time
period.>> That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 14 days in advance
of any transfer made pursuant to this section.
(rescission and transfer of funds)
Sec. 310. <<NOTE: Deadline.>> Of the unobligated balances in the
``Department of Education Nonrecurring Expenses Fund'' established in
section 313 of division H of Public Law 116-260, $160,000,000 are hereby
rescinded not later than September 30, 2026: Provided, That from any
remaining unobligated balances in such Fund, the Secretary may transfer
up to $60,000,000 to ``Innovation and Improvement'' to be merged with
funds made available under such heading for carrying out activities
authorized under part C of title IV of the ESEA.
(rescission)
Sec. 311. <<NOTE: Deadline.>> Of the funds made available under the
heading ``Institute of Education Sciences'' pursuant to section
1101(a)(8) of the Full-Year Continuing Appropriations Act, 2025
(division A of Public Law 119-4) for program administration, $25,000,000
are hereby permanently rescinded not later than September 30, 2026.
Sec. 312. The Secretary shall award to each State an amount as
required under the applicable provisions of the ESEA, McKinney-Vento
Homeless Assistance Act, IDEA, Perkins Act, and AEFLA for each formula
grant program to which funds are appropriated in this Act on the date
such funds become available for obligation.
This title may be cited as the ``Department of Education
Appropriations Act, 2026''.
[[Page 140 STAT. 307]]
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $13,124,000: Provided, <<NOTE: Contracts.>> That in order to
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform requirements of the
Committee as prescribed under section 51-3.2 of title 41, Code of
Federal Regulations, the Committee shall enter into a written agreement
with any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further, That
no less than $3,150,000 shall be available for the Office of Inspector
General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $975,525,000, which shall
be for the purposes and in the amounts specified in the ``Final Bill''
column for Corporation for National and Community Service in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), notwithstanding sections 198B(b)(3), 198S(g),
501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided,
That <<NOTE: Grants.>> of the amounts provided under this heading: (1)
up to 1 percent of program grant funds may be used to defray the costs
of conducting grant application reviews, including the use of outside
peer reviewers and electronic management of the grants cycle; (2) the
amounts made available for State Commission Support Grants shall be
available to provide assistance to State commissions on national and
community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) of amounts
made available for Innovation, Assistance, and Other Activities,
$8,558,000 shall be available for
[[Page 140 STAT. 308]]
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis; and (4) of amounts made available for
Innovation, Assistance, and Other Activities, $6,148,000 shall be
available to carry out sections 198(k) and 198(i) of the 1990 Act:
Provided further, <<NOTE: Determination.>> That for the purposes of
carrying out the 1990 Act, satisfying the requirements in section
122(c)(1)(D) may include a determination of need by the local community:
Provided further, That <<NOTE: State and local
governments. Grants. Deadlines.>> CNCS shall award to each State their
allotted amount under AmeriCorps State and National formula grants no
later than April 1, 2026 and to each state their allotted amount under
State Service Commission Support Grants and State Commission Investment
Fund Grants no later than June 1, 2026: Provided further, That the
Corporation shall support staffing levels necessary to fulfill its
statutory responsibilities including carrying out programs, projects,
and activities funded in this title of this Act in a timely manner.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $180,000,000, to remain available until
expended: Provided, <<NOTE: Determination. Notice.>> That CNCS may
transfer additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of the 1990
Act to the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further, That
amounts appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without regard to
the requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $89,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $8,595,000, of which
$1,000,000 shall be available until expended.
administrative provisions
Sec. 401. <<NOTE: Notice. Public information.>> CNCS shall make any
significant changes to program requirements, service delivery or policy
only through public notice and comment rulemaking. For fiscal year 2026,
during any grant
[[Page 140 STAT. 309]]
selection process, an officer or employee of CNCS shall not knowingly
disclose any covered grant selection information regarding such
selection, directly or indirectly, to any person other than an officer
or employee of CNCS that is authorized by CNCS to receive such
information.
Sec. 402. <<NOTE: Time period. 42 USC 12571 note.>> AmeriCorps
programs receiving grants under the National Service Trust program shall
meet an overall minimum share requirement of 24 percent for the first 3
years that they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the 1990 Act, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. <<NOTE: Donations.>> Donations made to CNCS under section
196 of the 1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. <<NOTE: Time periods.>> Notwithstanding sections 139(b),
146, and 147 of the 1990 Act, an individual who successfully completes a
term of service of not less than 1,200 hours during a period of not more
than one year may receive a national service education award having a
value of 70 percent of the value of a national service education award
determined under section 147(a) of the Act.
Sec. 407. <<NOTE: Applicability.>> Section 148(f)(2)(A)(i) of the
1990 Act shall be applied by substituting ``an approved national service
position'' for ``a national service program that receives grants under
subtitle C''.
Sec. 408. In any case where a participant of a position eligible for
an educational award described in subtitle D of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12601 et seq.) was required
to exit the position early at the direction of the Corporation for
National and Community Service and due to circumstances outside the
control of the individual, such as a lapse in availability of Federal
appropriations, or termination of their position, or the applicable
program grant or agreement under the national service laws is released
from completing the required term of service for such position, the
Chief Executive Officer of the Corporation for National and Community
Service may--
[[Page 140 STAT. 310]]
(1) deem such individual as having met the minimum
requirements of the position or program for purposes of section
139(c)(1) of the 1990 Act; and
(2) notwithstanding section 139(c)(2)(B) of the 1990 Act,
award the individual a pro-rated value of the educational award
that corresponds to the quantity of the term of service actually
completed by the individual without regard to whether such
individual has completed at least 15 percent of their term of
service as required under section 139(c) of the 1990 Act.
Federal Mediation and Conciliation Service
salaries <<NOTE: Fees.>> and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $48,705,000:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided
to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to accept and
use on behalf of the United States gifts of services and real, personal,
or other property in the aid of any projects or functions within the
Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$291,800,000, which shall be for the purposes and in the amounts
specified in the table under this heading in the explanatory statement
in section 4 (in the matter preceding division A of this consolidated
Act).
[[Page 140 STAT. 311]]
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,405,000: Provided, <<NOTE: Contracts. Applicability. 42
USC 1396 note.>> That in fiscal year 2026 and thereafter, for all
contracts for goods and services to which the Medicaid and CHIP Payment
and Access Commission is a party, the following Federal Acquisition
Regulation (FAR) clauses will apply: FAR 52.232-39 and FAR 52.233-4 (or
a successor clause).
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $14,673,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund:
Provided, <<NOTE: Contracts. Applicability. 42 USC 1395b-6 note.>> That
in fiscal year 2026 and thereafter, for all contracts for goods and
services to which the Medicare Payment Advisory Commission is a party,
the following Federal Acquisition Regulation (FAR) clauses will apply:
FAR 52.232-39 and FAR 52.233-4 (or a successor clause).
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $294,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provision
Sec. 409. <<NOTE: Electronic voting.>> None of the funds provided
by this Act or previous Acts making appropriations for the National
Labor Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any means of voting
through any
[[Page 140 STAT. 312]]
electronic means in an election to determine a representative for the
purposes of collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $14,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $5,000,000, which
shall include amounts becoming available in fiscal year 2026 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2027, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $127,000,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund: Provided, That notwithstanding section 7(b)(9) of
the Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided further, That the
previous proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013: Provided further, That notwithstanding section 7(b)(9)
of the Railroad Retirement Act, this limitation may be used to hire
students
[[Page 140 STAT. 313]]
attending qualifying educational institutions or individuals who have
recently completed qualifying educational programs using current
excepted hiring authorities established by the Office of Personnel
Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $14,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $15,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$49,452,282,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $91,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2028.
<<NOTE: Effective date. Payments.>> For making, after June 15 of
the current fiscal year, benefit payments to individuals under title XVI
of the Social Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2027, $23,500,000,000, to
remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $14,671,978,000 may
be expended, as authorized by section 201(g)(1) of the Social Security
Act, from any one or all of the trust funds referred to in such section:
Provided, That not less than $2,700,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2026 not needed
for fiscal year 2026
[[Page 140 STAT. 314]]
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure, except unobligated
balances of funds described in the first proviso of this paragraph at
the end of fiscal year 2026 not needed for fiscal year 2026 shall remain
available until expended to invest in the Social Security Advisory Board
information technology: Provided further,
That <<NOTE: Notification.>> the Commissioner of Social Security shall
notify the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available under the
authority in the previous proviso:
Provided <<NOTE: Reimbursements.>> further, That reimbursement to the
trust funds under this heading for expenditures for official time for
employees of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
From funds provided under the first paragraph under this heading,
not more than $2,397,000,000, to remain available through March 31,
2027, is for the costs associated with continuing disability reviews
under titles II and XVI of the Social Security Act, including work-
related continuing disability reviews to determine whether earnings
derived from services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act, for the cost of co-operative disability investigation units, and
for the cost associated with the prosecution of fraud in the programs
and operations of the Social Security Administration by Special
Assistant United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of a concurrent resolution on
the budget and $2,124,000,000 is additional new budget authority
specified for purposes of a concurrent resolution on the budget:
Provided further, That, of the additional new budget authority described
in the preceding proviso, up to $24,600,000 may be transferred to the
``Office of Inspector General'', Social Security Administration, for the
cost of jointly operated co-operative disability investigation units:
Provided further, That such transfer authority is in addition to any
other transfer authority provided by law:
Provided <<NOTE: Reports.>> further, That the Commissioner shall provide
to the Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002: Provided further, That none of the funds
described in this paragraph shall be available for transfer or
reprogramming except as specified in this paragraph.
In addition, $170,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2026 exceed $170,000,000, the
[[Page 140 STAT. 315]]
amounts shall be available in fiscal year 2027 only to the extent
provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,000,000, together with not to exceed $82,665,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000 shall
remain available until expended for information technology
modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notices. Time
period.>> That notice of such transfers shall be transmitted promptly to
the Committees on Appropriations of the House of Representatives and the
Senate at least 15 days in advance of any transfer.
[[Page 140 STAT. 316]]
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Propaganda. Lobbying.>> (a) No part of any
appropriation contained in this Act or transferred pursuant to section
4002 of Public Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use of any
kit, pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local
legislature or legislative body, except in presentation to the Congress
or any State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or local
government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local legislature
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a
State, local or Tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) <<NOTE: Taxes. Gun control.>> The prohibitions in subsections
(a) and (b) shall include any activity to advocate or promote any
proposed, pending or future Federal, State or local tax increase, or any
proposed, pending, or future requirement or restriction on any legal
consumer product, including its sale or marketing, including but not
limited to the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board
[[Page 140 STAT. 317]]
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. <<NOTE: Abortion.>> (a) None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. <<NOTE: Abortion.>> (a) The limitations established in the
preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) <<NOTE: Discrimination.>> None of the funds made available
in this Act may be made available to a Federal agency or program, or to
a State or local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does not
provide, pay for, provide coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term ``health care
entity'' includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a health
maintenance organization, a health insurance plan, or any other kind of
health care facility, organization, or plan.
[[Page 140 STAT. 318]]
Sec. 508. <<NOTE: Human embryos.>> (a) None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 509. <<NOTE: Drugs and drug abuse.>> (a) None of the funds
made available in this Act may be used for any activity that promotes
the legalization of any drug or other substance included in schedule I
of the schedules of controlled substances established under section 202
of the Controlled Substances Act except for normal and recognized
executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health and health care.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts. Reports.>> None of the funds made
available in this Act may be obligated or expended to enter into or
renew a contract with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
Sec. 514. <<NOTE: Consultations. Time periods. Notification.>> (a)
None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure
[[Page 140 STAT. 319]]
in fiscal year 2026, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2026, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. <<NOTE: Political disclosure.>> (a) None of the funds
made available in this Act may be used to request that a candidate for
appointment to a Federal scientific advisory committee disclose the
political affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not directly
related to and necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. <<NOTE: Deadline. Operating plans.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2026
that are different than those specified in this Act, the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) or the fiscal year 2026 budget request.
[[Page 140 STAT. 320]]
Sec. 517. <<NOTE: Reports. Contracts. Grants. Time period.>> The
Secretaries of Labor, Health and Human Services, and Education shall
each prepare and submit to the Committees on Appropriations of the House
of Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000,
individually or in total for a particular project, activity, or
programmatic initiative, in value and awarded by the Department on a
non-competitive basis during each quarter of fiscal year 2026, but not
to include grants awarded on a formula basis or directed by law. Such
report shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, Tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 521. For purposes of carrying out Executive Order 13589, Office
of Management and Budget Memorandum M-12-12 dated May 11, 2012, and
requirements contained in the annual appropriations bills relating to
conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall clearly state
within the text, audio, or video used for advertising or educational
purposes, including emails or Internet postings, that the communication
is printed, published, or produced and disseminated at United States
taxpayer expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the agency
for advertising or other communications regarding the programs and
activities of the agency.
[[Page 140 STAT. 321]]
Sec. 523. <<NOTE: Effective date. Reports. 31 USC 1502 note.>> Not
later than 30 days after the end of each calendar quarter, beginning
with the first month of fiscal year 2026 the Departments of Labor,
Health and Human Services and Education and the Social Security
Administration shall provide the Committees on Appropriations of the
House of Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are unobligated and
uncommitted, committed, and obligated but unexpended, the monthly
reports shall separately identify the amounts attributable to each
source year of appropriation (beginning with fiscal year 2012, or, to
the extent feasible, earlier fiscal years) from which balances were
derived.
Sec. 524. <<NOTE: Notifications. Time period. Grants.>> The
Departments of Labor, Health and Human Services, and Education and the
Corporation for National and Community Service shall notify the
Committees on Appropriations of the House of Representatives and the
Senate not less than 3 full business days prior to announcing or
providing notice of--
(1) any new or non-competing continuation grant, including
supplements, issued at the discretion of such Departments (other
than emergency response grants at any time of the year or for
grant awards made during the last 10 business days of the fiscal
year, or if applicable, of the program year); and
(2) the termination or non-continuation of any grant,
including a short description of the reason for the termination
or non-continuation.
Sec. 525. <<NOTE: Needles. Syringes. Drugs and drug abuse.>>
Notwithstanding any other provision of this Act, no funds appropriated
in this Act shall be used to purchase sterile needles or syringes for
the hypodermic injection of any illegal drug: Provided,
That <<NOTE: Determination. Hepatitis. HIV.>> such limitation does not
apply to the use of funds for elements of a program other than making
such purchases if the relevant State or local health department, in
consultation with the Centers for Disease Control and Prevention,
determines that the State or local jurisdiction, as applicable, is
experiencing, or is at risk for, a significant increase in hepatitis
infections or an HIV outbreak due to injection drug use, and such
program is operating in accordance with State and local law.
Sec. 526. <<NOTE: Deadline.>> Each department and related agency
funded through this Act shall provide answers to questions submitted for
the record by members of the Committee within 45 business days after
receipt.
Sec. 527. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section 2104(n)(2)(C)
of that Act, $12,340,000,000 shall not be available for obligation in
this fiscal year.
(rescission)
Sec. 528. Of the unobligated balances of amounts made available in
section 10301(1)(A)(iii) of Public Law 117-169, $11,661,000,000 are
hereby rescinded.
Sec. 529. <<NOTE: Applicability.>> (a) This section applies to: (1)
the Administration for Children and Families in the Department of Health
and Human Services; and (2) the Chief Evaluation Office and the
statistical-related cooperative and interagency agreements and
contracting activities of the Bureau of Labor Statistics in the
Department of Labor.
[[Page 140 STAT. 322]]
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
(a) for research, evaluation, or statistical purposes shall be available
for obligation through September 30, 2030: Provided, That when an office
referenced in subsection (a) receives research and evaluation funding
from multiple appropriations, such offices may use a single Treasury
account for such activities, with funding advanced on a reimbursable
basis.
(c) Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts are
available.
(rescission)
Sec. 530. Of the unobligated balances of funds made available by
sections 2023, 2206, 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501,
2502, 2601, 2602, 2603, 2605, 2701, 2702, 2703, 2704, 2705, 2706, 2707,
2708, 2709, 2710, 2711, 2712, 2713, 2904, 2912, 3101, and 9911 of the
American Rescue Plan Act of 2021 (Public Law 117-2), $2,000,000,000 are
hereby rescinded: Provided, <<NOTE: Reports.>> That not later than 60
days after the date of enactment of this Act, the Secretary of Health
and Human Services shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report specifying the
unobligated balances rescinded pursuant to this section by both account
and amount from each applicable appropriation in Public Law 117-2.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2026''.
[[Page 140 STAT. 323]]
DIVISION D-- <<NOTE: Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2026.>> TRANSPORTATION, HOUSING AND
URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
TITLE I <<NOTE: Department of Transportation Appropriations Act,
2026.>>
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of the Secretary, $187,344,000,
to remain available until September 30, 2027: Provided, That of the sums
appropriated under this heading--
(1) $3,764,000 shall be available for the immediate Office
of the Secretary;
(2) $1,348,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $27,780,000 shall be available for the Office of the
General Counsel: Provided, That the Secretary of Transportation
(referred to in this title as ``the Secretary'') shall report to
the House and Senate Committees on Appropriations on the
implementation of all sections under title V of the FAA
Reauthorization Act of 2024 (Public Law 118-63) not later than
90 days after enactment of this Act;
(4) $21,358,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$5,000,000 is for the Office for Multimodal Freight
Infrastructure and Policy: Provided, That the Secretary must
obtain reprogramming approval from the House and Senate
Committees on Appropriations under section 405 of this Act prior
to executing the authorities of section 118(g)(2)-(3) of title
49, United States Code;
(5) $21,505,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,807,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $16,181,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,664,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,332,000 shall be available for the Office of the
Executive Secretariat;
(10) $19,388,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $1,707,000 shall be available for the Office of the
Chief Information Officer;
(12) $1,517,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $60,993,000 shall be available for shared services as
authorized in section 327 of title 49, United States Code, for
the Office of the Secretary that would otherwise be provided by
the Working Capital Fund, in addition to amounts otherwise
available for such purposes:
[[Page 140 STAT. 324]]
Provided further, That the Secretary is authorized to transfer funds
appropriated under this heading among the purposes specified in the
first proviso under this heading: Provided further, That such transfers
combined shall not increase or decrease the amount appropriated for any
purpose specified in the first proviso under this heading by more than 7
percent: Provided <<NOTE: Notice. Funding approval. Deadline.>> further,
That notice of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations not later than 7 business days in advance of any such
change: Provided further, That not to exceed $70,000 shall be for
allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $74,471,000, of which $56,000,000
shall remain available until expended: Provided, That of such amounts
that are available until expended, $9,000,000 shall be for necessary
expenses of the Advanced Research Projects Agency--Infrastructure (ARPA-
I) as authorized by section 119 of title 49, United States Code:
Provided further, That within the funds made available under the
preceding proviso, not less than $7,000,000 shall be available for
research on durability, resiliency, and sustainability of bridges and
other infrastructure and shall be directed to an accredited university
of higher education in the northeast United States that has experience
leading a regional university transportation center and a proven record
of developing, patenting, deploying, and commercializing innovative
composite materials and technologies for bridge and other transportation
applications, as well as conducting research and developing prototypes
using very large-scale polymer-based additive manufacturing: Provided
further, That of such amounts that are available until expended,
$4,000,000 shall be for the Highly Automated Systems Safety Center of
Excellence as authorized in section 105 of title I of division H of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That of such amounts that are available until
expended, $3,000,000 shall be for activities relating to complementary
positioning, navigation, and timing technologies demonstrations as
identified in the U.S. Department of Transportation Complementary PNT
Action Plan (March 2024): Provided further, That of such amounts that
are available until expended, $10,000,000 shall be for the drone
infrastructure inspection grant program authorized in section 912 of
Public Law 118-63: Provided further, That, notwithstanding subsection
(g)(2) of such section 912, amounts made available under section 106(k)
of title 49, United States Code, shall not be available to carry out
such program: Provided further, That of amounts made available for the
drone infrastructure inspection grant program, $1,000,000 shall be
available for administrative expenses: Provided further, That of such
amounts that are available until expended, $30,000,000 shall be for
research on transportation resilience and nuclear technology and shall
be directed, without competition, to a university of higher education,
as defined under 20 U.S.C. 1067(q)(1), that
[[Page 140 STAT. 325]]
has a nuclear engineering program and experience as a consortium member
of a university transportation center that conducts research on
transportation cybersecurity and resiliency: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, <<NOTE: Continuation. 49 USC 112 note.>>
That any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the Assistant
Secretary for Research and Technology of the Department of
Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $145,000,000, to remain available until expended: Provided, That
section 6702(f)(2) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided further,
That of the amounts made available under this heading in this Act, not
less than 5 percent shall be awarded to projects in historically
disadvantaged communities or areas of persistent poverty as defined
under section 6702(a)(1) of title 49, United States Code: Provided
further, <<NOTE: Grants.>> That grants awarded under this heading in
this Act for eligible projects for planning, preparation, or design
shall not be subject to a minimum grant size: Provided
further, <<NOTE: Fund distribution.>> That in distributing amounts made
available under this heading in this Act, the Secretary shall take such
measures so as to ensure an equitable geographic distribution of funds,
an appropriate balance in addressing the needs of urban and rural areas,
including Tribal areas, and the investment in a variety of
transportation modes: Provided further, That for amounts made available
under this heading in this Act, the Secretary shall give priority to
projects that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That section
6702(f)(1) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act: Provided
further, <<NOTE: Allocations. Urban and rural areas.>> That of the
amounts awarded under this heading in this Act, not more than 50 percent
shall be allocated for eligible projects located in rural areas and not
more than 50 percent shall be allocated for eligible projects located in
urbanized areas: Provided further, <<NOTE: Determination.>> That for the
purpose of determining if an award for planning, preparation, or design
under this heading in this Act is an urban award, the project location
is the location of the project being planned, prepared, or designed:
Provided further, That the Secretary may retain up to 2 percent of the
amounts made available under this heading in this Act, and may transfer
portions of such amounts to the Administrators of the Federal Aviation
Administration, the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the Maritime
Administration to fund the award and oversight of grants and credit
assistance made under the program authorized under section 6702 of title
49, United States Code: Provided further, That for amounts made
available under this heading in this Act, the Secretary shall consider
and award projects
[[Page 140 STAT. 326]]
based solely on the selection criteria as identified under section
6702(d)(3) and (d)(4) of title 49, United States Code.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $9,250,000, to
remain available until expended: <<NOTE: Fees.>> Provided, That the
Secretary may collect and spend fees, as authorized by title 23, United
States Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts are
in addition to other amounts made available for such purposes and are
not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
rural and tribal infrastructure advancement
For necessary expenses to carry out rural and Tribal infrastructure
advancement as authorized in section 21205 of Public Law 117-58,
$10,000,000, to remain available until September 30, 2028: Provided,
That <<NOTE: Contracts.>> the Secretary may enter into cooperative
agreements with philanthropic entities, non-profit organizations, other
Federal agencies, State or local governments and their agencies, Indian
Tribes, or other technical assistance providers, to provide such
technical assistance, planning, and capacity building to State, local,
or Tribal governments, United States territories, metropolitan planning
organizations, transit agencies, or other political subdivisions of
State or local governments.
railroad rehabilitation and improvement financing program
<<NOTE: Loans.>> The Secretary is authorized to issue direct loans
and loan guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such direct loan or
loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2027.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology infrastructure,
improvement of identity management and authentication capabilities,
securing and protecting data, implementation of Federal cyber security
initiatives, and implementation of enhanced security controls on agency
computers and mobile devices, $60,000,000, to remain available until
September 30, 2027.
[[Page 140 STAT. 327]]
office of civil rights
For necessary expenses of the Office of Civil Rights, $11,761,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $32,043,000, to remain available until expended: Provided, That
of such amount, $5,436,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further, That of the
amounts made available under this heading, $9,647,000 shall be for the
purposes, and in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided further,
That amounts made available in the preceding proviso for such purposes
shall not diminish or prejudice any application or geographic region for
other discretionary grant or loan awards made by the Department of
Transportation: Provided further, That of the amounts made available
under this heading, $2,000,000 shall be made available for an
independent review of airspace design, civil-military coordination, and
operational safety in the National Capital Region, with particular focus
on airspace activities at Ronald Reagan Washington National Airport, as
specified under the paragraph entitled ``Flight 5342'' in Senate Report
119-47.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund as authorized in section 327 of title 49,
United States Code, not to exceed $764,965,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the limitation under this heading on operating expenses shall not apply
to entities external to the Department of Transportation or for funds
provided in Public Law 117-58: Provided further, That no funds made
available by this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the Secretary:
Provided
[[Page 140 STAT. 328]]
further, That <<NOTE: Assessments. Notices. Approvals.>> no assessments
may be levied against any program, budget activity, subactivity, or
project funded by this Act unless notice of such assessments and the
basis therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees: Provided further,
That the Secretary may provide non-commodity information technology and
procurement services in a consolidated or shared manner for operating
administrations through the Working Capital Fund: Provided further, That
the preceding proviso shall not apply to the Federal Aviation
Administration, the Great Lakes St. Lawrence Seaway Development
Corporation, and the Office of Inspector General: Provided
further, <<NOTE: Determination.>> That an operating administration may
determine that certain non-commodity information technology and
procurement services do not provide a direct benefit to the operating
administration and shall not be required to obligate funds appropriated
by this Act to the Office of the Secretary pursuant to section 188 of
this Act: Provided further, That if the determination in the preceding
proviso concludes that non-commodity information technology and
procurement services do not provide a direct benefit to the operating
administration, those services shall remain within the operating
administration: Provided further, <<NOTE: Time period. Plan.>> That not
less than 30 days prior to using the authority provided in the preceding
four provisos, the Secretary shall provide the House and Senate
Committees on Appropriations a plan describing the non-commodity
information technology and procurement services consolidated or shared
through the Working Capital Fund: Provided <<NOTE: Time
period. Briefings.>> further, That the Secretary shall provide monthly
briefings to the House and Senate Committees on Appropriations on all
activities relating to non-commodity information technology and
procurement services as authorized under this heading, including: (1)
the amount of funding participating operating administrations provide
the Working Capital Fund for programming and full time equivalent
positions, including reimbursable and non-reimbursable details, to
support non-commodity information technology and procurement services as
authorized under this heading; and (2) the number of full time
equivalent positions in the Office of the Chief Information Officer
within the Office of the Secretary and the Office of the Assistant
Secretary for Administration within the Office of the Secretary to
support non-commodity information technology and procurement services as
authorized under this heading: Provided further, That the Secretary
shall include funding for programming and full time equivalent positions
to support non-commodity information technology and procurement
services, as authorized under this heading, in the congressional budget
justification for fiscal year 2027 for the Working Capital Fund, the
Office of the Chief Information Officer within the Office of the
Secretary, the Office of the Assistant Secretary for Administration
within the Office of the Secretary, and each participating operating
administration: Provided further, That unless otherwise specified under
this heading, the Working Capital Fund shall only deliver services
consisting of administration and commodity information technology:
Provided further, That the departmental consolidation of activities
including human resources, governmental affairs, public affairs and
public engagement, and civil rights in the Working Capital Fund are
prohibited: Provided further, That amounts within the Working Capital
Fund are not available to provide services not specifically authorized
under this heading.
[[Page 140 STAT. 329]]
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,330,000, to remain available
until September 30, 2027: Provided, That not less than 6 small business
transportation resource centers shall be maintained and operated:
Provided further, That notwithstanding section 332 of title 49, United
States Code, such amounts may be used for business opportunities related
to any mode of transportation: Provided further, That appropriations
made available under this heading shall be available for any purpose
consistent with prior year appropriations that were made available under
the heading ``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through 41742
of title 49, United States Code, $513,637,231, to be derived from the
Airport and Airway Trust Fund, to remain available until expended:
Provided, <<NOTE: Determination.>> That in determining between or among
carriers competing to provide service to a community, the Secretary may
consider the relative subsidy requirements of the carriers: Provided
further, That basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under section 41732(b)(3)
of title 49, United States Code: Provided further, That amounts
authorized to be distributed for the essential air service program under
section 41742(b) of title 49, United States Code, shall be made
available immediately from amounts otherwise provided to the
Administrator of the Federal Aviation Administration: Provided
further, <<NOTE: Reimbursement.>> That the Administrator may reimburse
such amounts from fees credited to the account established under section
45303 of title 49, United States Code: Provided further, That,
notwithstanding section 41733 of title 49, United States Code, for
fiscal year 2026, the requirements established under subparagraphs (B)
and (C) of section 41731(a)(1) of title 49, United States Code, shall
not apply to maintain eligibility under section 41731 of title 49,
United States Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. <<NOTE: Assessments. Reimbursements. Contracts.>> None of
the funds made available by this Act to the Department of Transportation
may be obligated for the Office of the Secretary of Transportation to
approve assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act, except for
activities underway on the date of enactment of this Act, unless such
assessments or agreements have completed the normal reprogramming
process for congressional notification.
Sec. 102. <<NOTE: Web posting. Schedule. Records.>> The Secretary
shall post on the website of the Department of Transportation a schedule
of all meetings of the Council
[[Page 140 STAT. 330]]
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. <<NOTE: Payments. Reimbursements. Transit benefits.>> In
addition to authority provided by section 327 of title 49, United States
Code, the Department's Working Capital Fund is authorized to provide
partial or full payments in advance and accept subsequent reimbursements
from all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the Federal
transit pass transportation fringe benefit program under Executive Order
No. 13150 and section 3049 of SAFETEA-LU (5 U.S.C. 7905 note): Provided,
That the Department shall maintain a reasonable operating reserve in the
Working Capital Fund, to be expended in advance to provide uninterrupted
transit benefits to Government employees: Provided further, That
such <<NOTE: Time period.>> reserve shall not exceed 1 month of
benefits payable and may be used only for the purpose of providing for
the continuation of transit benefits:
Provided <<NOTE: Reimbursement.>> further, That the Working Capital Fund
shall be fully reimbursed by each customer agency from available funds
for the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2026 collections, shall be available until
expended in the Department's Working Capital Fund to provide contractual
services in support of section 189 of this Act: Provided, That
obligations in fiscal year 2026 of such collections shall not exceed
$1,000,000.
Sec. 105. <<NOTE: Retention bonuses. Advance approval.>> None of
the funds in this title may be obligated or expended for retention or
senior executive bonuses for an employee of the Department of
Transportation without the prior written approval of the Assistant
Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of title
49, United States Code, the Department's Administrative Working Capital
Fund is hereby authorized to transfer information technology equipment,
software, and systems from departmental sources or other entities and
collect and maintain a reserve at rates which will return full cost of
transferred assets.
Sec. 107. <<NOTE: Time period. Notification.>> None of the funds
provided in this Act to the Department of Transportation may be used to
provide credit assistance unless not less than 3 days before any
application approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides notification
in writing to the following committees: the House and Senate Committees
on Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but not
be limited to, the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a direct loan,
loan guarantee, or line of credit; and the amount of credit assistance.
Sec. 108. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act for the costs of award, administration, or
oversight of financial assistance under the programs identified in
subsection (c) may be transferred to the account identified in section
801 of division J of Public Law 117-58, as amended by
[[Page 140 STAT. 331]]
section 425 of title IV of division L of Public Law 117-103, to remain
available until expended, for the necessary expenses of award,
administration, or oversight of any financial assistance programs in the
Department of Transportation.
(b) Amounts transferred under the authority in this section are
available in addition to amounts otherwise available for such purpose.
(c) The programs from which funds made available under this Act may
be transferred under subsection (a) are--
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code;
(2) the university transportation centers program under
section 5505 of title 49, United States Code; and
(3) the drone infrastructure inspection grant program as
authorized by section 912 of title IX of Public Law 118-63.
Sec. 109. The Secretary of Transportation may transfer amounts
awarded to a federally recognized Tribe under a funding agreement
entered into under part 29 of title 49, Code of Federal Regulations,
from the Department of Transportation's operating administrations to the
Office of Tribal Government Affairs: Provided, That any amounts
retroceded or reassumed under such part may be transferred back to the
appropriate operating administration.
Sec. 109A. <<NOTE: Applicability.>> For amounts provided for this
fiscal year and prior fiscal years, section 24112(c)(2)(B) of Public Law
117-58 shall be applied by substituting ``30 percent'' for ``40
percent'': Provided, That <<NOTE: Determination. Time period. Grants.>>
if the Secretary determines that there are insufficient merit-worthy
applications for the amounts provided for fiscal year 2022 through
fiscal year 2026 in division J of Public Law 117-58 for competitive
grants as authorized in section 24112 of division B of Public Law 117-58
to meet the requirement in section 24112(c)(2)(B) for a fiscal year, the
Secretary shall use the unutilized amounts to make other grants as
authorized in section 24112 of division B of Public Law 117-58: Provided
further, <<NOTE: Continuation.>> That amounts repurposed pursuant to
this section shall continue to be treated as amounts specified in
section 103(b) of division A of Public Law 118-5.
Sec. 109B. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division J of Public Law 117-58 for local and regional project
assistance under section 6702 of title 49, United States Code, for
fiscal year 2022 are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded
pursuant to this section is hereby appropriated on September 30, 2026,
for an additional amount for fiscal year 2026, to remain available until
September 30, 2031, and shall be available, without additional
competition, for completing the funding of awards made pursuant to
section 6702 of title 49, United States Code, for fiscal year 2022
funding, in addition to other funds as may be available for such
purposes: Provided, That the amounts rescinded pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act
[[Page 140 STAT. 332]]
of 1985 are designated by the Congress as an emergency requirement
pursuant to 4001(a)(1) of S. Con. Res 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and to
legislation establishing fiscal year 2026 budget enforcement in the
House of Representatives: Provided further, That the amount of
additional new budget authority is designated by the Congress as being
for an emergency requirement pursuant to such section 4001(a) and to
legislation establishing fiscal year 2026 budget enforcement in the
House of Representatives.
Sec. 109C. <<NOTE: Contracts.>> None of the funds made available by
this or any other Act shall be used to cancel or seek to renegotiate an
existing contract under the essential air service program under
subchapter II of chapter 417 of title 49, United States Code, before the
standard period of rebidding occurring prior to a contract's expiration
unless in response to an explicit written request from the EAS
Community: Provided, That <<NOTE: Applicability. Compliance.>> this
section shall only apply to existing contracts under which the carrier
is in compliance with the contract terms.
Sec. 109D. Of the unobligated balances of funds remaining from--
(1) ``Transportation Planning, Research, and Development''
account in title I of division A of Public Law 111-117,
$108,147.49 is hereby permanently rescinded; and
(2) ``Transportation Planning, Research, and Development''
account in title I of division F of Public Law 108-199, $744,000
is hereby permanently rescinded.
Sec. 109E. Of the unobligated balances from amounts made available
for ``Railroad Rehabilitation and Improvement Financing Program'' in
section 420 of title IV of division G of Public Law 116-6, $25,476 is
hereby permanently rescinded.
Sec. 109F. Of the unobligated balances from amounts made available
for ``Department of Transportation--Office of the Secretary--Salaries
and Expenses'' in Public Law 119-4, $10,368,826 is hereby permanently
rescinded.
Sec. 109G. Of the unobligated balances from amounts made available
until expended for ``Department of Transportation--Office of the
Secretary--Research and Technology'' in division L of title I of Public
Law 117-103, $1,272,800.79 is hereby permanently rescinded.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration (FAA),
not otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
the lease or purchase of passenger motor vehicles for replacement only,
$13,710,000,000, to remain available until September 30, 2027, of which
$13,040,600,000 to be derived from the Airport and Airway Trust Fund:
Provided, That of the amounts made available under this heading--
[[Page 140 STAT. 333]]
(1) not less than $1,842,037,000 shall be available for
aviation safety activities;
(2) $10,340,667,000 shall be available for air traffic
organization activities;
(3) $41,755,000 shall be available for commercial space
transportation activities;
(4) $963,410,000 shall be available for finance and
management activities;
(5) $65,813,000 shall be available for NextGen and
operations planning activities;
(6) $154,896,000 shall be available for security and
hazardous materials safety activities; and
(7) $301,422,000 shall be available for staff offices:
Provided further, That of the amounts allocated under the previous
proviso--
(A) not less than $379,223,000 shall be for aircraft
certification service;
(B) not less than $100,000,000 shall be for the Office of
Aerospace Medicine;
(C) not less than $279,200,000 shall be used to fund direct
operations of the current air traffic control towers in the
contract tower program, including the contract tower cost share
program, and any airport that is currently qualified or that
will qualify for the program during the fiscal year;
(D) $6,000,000 shall be for the pilot program to convert
high activity air traffic control towers operating under the
contract tower program to FAA staffed visual flight rules
towers, as authorized under section 625 of the FAA
Reauthorization Act of 2024, and to prioritize the contract
towers as required under section 625(a)(2) of such Act;
(E) not less than $16,000,000 shall be for the Office of
Spectrum Engineering;
(F) $6,000,000 shall be for unmanned aircraft system test
ranges;
(G) not less than $7,500,000 shall be for the internship
program authorized under section 404 of the FAA Reauthorization
Act of 2024 (Public Law 118-63);
(H) not less than $1,000,000 shall be for the human
intervention motivation study contract and the flight attendant
drug and alcohol program contract; and
(I) $3,000,000 shall be for the FAA's veterans' pilot
training program:
Provided further, <<NOTE: Transfer authority.>> That not to exceed 5
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation under this heading by more than 5 percent: Provided
further, That any transfer in excess of 5 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, <<NOTE: Time
period. Update. Reports. 49 USC 44506 note.>> That not later than 45
days after the submission of the budget request, the Administrator of
the Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 44506 note): Provided further, <<NOTE: Reports. 49 USC 44502
note.>> That not later than 45 days after the submission of the
[[Page 140 STAT. 334]]
budget request, the Administrator shall transmit to Congress reports
that describe a comprehensive strategy for staffing, hiring, and
training of flight standards and aircraft certification staff, and
airway transportation system specialists in a format similar to the one
utilized for the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year: Provided further,
That <<NOTE: Reduction. Time period.>> the amounts made available under
this heading shall be reduced by $100,000 for each day after 45 days
after the submission of the budget request that reports containing the
information described in the preceding two provisos have not been
transmitted to Congress: Provided
further, <<NOTE: Grants. Contracts. Nonprofit. Aviation
safety standards.>> That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist in
the development of aviation safety standards: Provided further, That
none of the funds made available by this Act shall be available for new
applicants for the second career training program: Provided
further, <<NOTE: Regulations.>> That none of the funds made available
by this Act shall be available for the Federal Aviation Administration
to finalize or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law after the date of
the enactment of this Act: Provided further, That there may be credited
to this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and operation
of air navigation facilities, and for issuance, renewal or modification
of certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, <<NOTE: Reports.>> That
not later than 120 days after enactment of this Act, the Administrator
shall transmit to the House and Senate Committees on Appropriations a
report on all expenditures related to the contract tower program from
the most recent fiscal year, including a breakout for administrative
costs, contract support expenses, insurance, equipment procured and
installed in contract towers, new starts, and aggregate payments for
operating the contract towers: Provided further, <<NOTE: Reports.>>
That not later than 180 days after enactment of this Act, the
Administrator shall transmit to the House and Senate Committees on
Appropriations a report on the FAA's ongoing efforts and future plans to
equip contract towers with radar displays and other technology that the
FAA believes are necessary to enhance aviation safety: Provided further,
That none of the funds made available by this Act for aeronautical
charting and cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided further, That
not less than $4,000,000 of amounts made available for staff offices
shall be used to establish the Office of the Assistant Administrator for
Rulemaking and Regulatory Improvement as authorized under section 106(c)
of title 49, United States Code: Provided further, That none of the
funds appropriated or otherwise made available by this Act or any other
Act may be used to eliminate the contract weather observers program at
any airport.
[[Page 140 STAT. 335]]
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds made available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $4,000,000,000, of which $697,850,000 is for personnel and
related expenses and shall remain available until September 30, 2027,
and $3,302,150,000 shall remain available until September 30, 2028:
Provided, That the sums appropriated under this heading in this Act
shall be made available for the purposes, and in the amounts, specified
for spending in the table entitled ``Allocation of FAA Facilities and
Equipment Funding in This Act--Fiscal Year 2026'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided further,
That the sums appropriated under this heading in title VIII of division
J of the Infrastructure Investment and Jobs Act (Public Law 117-58)
shall be made available for the purposes, and in the amounts, specified
for spending in the table entitled ``Allocation of FAA Facilities and
Equipment Funding in the Infrastructure Investment and Jobs Act--Fiscal
Year 2026'' included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, <<NOTE: Continuation.>> That
amounts repurposed pursuant to the preceding proviso shall continue to
be treated as amounts specified in section 103(b) of division A of
Public Law 118-5: Provided further, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, <<NOTE: Deadline. Investment plan. Time
period.>> That not later than 30 days after submission of the budget
request, the Secretary of Transportation shall transmit to the Congress
an investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years 2027 through
2031, with total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by the Office
of Management and Budget: Provided further, <<NOTE: Applicability.>>
That section 405 of this Act shall apply to amounts made available under
the heading in this Act and in title VIII of the Infrastructure
Investment and Jobs Act (division J of Public Law 117-58): Provided
further, <<NOTE: Advance approval. Transfer authority.>> That,
notwithstanding subsections (a)(5) and (a)(6) of such section 405,
unless prior approval is received from the House and Senate Committees
on Appropriations, not to exceed 7 percent of any funding level
specified for projects and activities in the tables incorporated by
reference
[[Page 140 STAT. 336]]
under this heading may be transferred to any other funding level
specified for projects and activities in such tables and no transfer of
such funding levels may increase or decrease any funding level in such
tables by more than 7 percent.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$290,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2028: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That the sums appropriated under this heading shall be made available
for the purposes, and in the amounts, specified in the table entitled
``Research, Engineering, and Development'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): <<NOTE: Transfer
authority.>> Provided further, That not to exceed 7 percent of any
funding level specified in the table incorporated by reference under
this heading included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act)may be transferred to any other funding level specified
under this heading included for this division in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That no transfer may increase
or decrease any funding level by more than 7 percent: Provided further,
That any transfer in excess of 7 percent shall be treated as a
reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That of the
amounts made available under this heading, $40,000,000, to remain
available until expended, shall be for aviation workforce development
programs, as authorized under section 625 of the FAA Reauthorization Act
of 2018, as amended (49 U.S.C. 40132 note): Provided further, That of
the amounts set aside under the preceding proviso--
(1) no less than $10,000,000 shall be awarded for
manufacturing workforce grants as authorized under section 625
(a)(3) of such Act;
(2) $10,000,000 shall be for not more than two community
colleges that are sponsors of a general aviation airport
identified in the National Plan of Integrated Airport Systems:
Provided, That grants awarded under this paragraph for community
colleges shall be awarded for an amount not less than $5,000,000
per award: Provided further, That the Secretary may award such
grants under this subsection notwithstanding section 625(b)(2)
of the FAA Reauthorization Act of 2018, as amended (49 U.S.C.
40132 note); and
[[Page 140 STAT. 337]]
(3) no less than $20,000,000 shall be awarded to
institutions eligible under paragraphs (1) and (3) of section
1067q(a) of title 20, United States Code, and priority shall be
given to institutions or consortiums of institutions near
commercial aviation manufacturing and military aviation
employment opportunities.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $4,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $4,000,000,000, in fiscal year 2026, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none of
the amounts made available under this heading shall be available for the
replacement of baggage conveyor systems, reconfiguration of terminal
baggage areas, or other airport improvements that are necessary to
install bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States Code, the
Government's share of allowable project costs under paragraph (2) of
such section for subgrants or paragraph (3) of such section shall be 95
percent for a project at other than a large or medium hub airport that
is a successive phase of a multi-phased construction project for which
the project sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding any other
provision of law, of amounts limited under this heading, not less than
$160,000,000 shall be available for administration, $15,000,000 shall be
available for the airport cooperative research program, $41,827,000
shall be available for the airport technology research program and of
which, $6,000,000 shall be available for the airfield technology program
authorized under section 1014 of Public Law 118-63, of which $3,000,000
is for concrete pavement research and $3,000,000 is for asphalt pavement
research, and $15,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the small community air service development
program: Provided further, <<NOTE: Request for proposals.>> That in
addition to airports eligible under section 41743 of title 49,
[[Page 140 STAT. 338]]
United States Code, such program may include the participation of an
airport that serves a community or consortium that is not larger than a
small hub airport, according to Federal Aviation Administration hub
classifications effective at the time the Office of the Secretary issues
a request for proposals.
grants-in-aid for airports
(including transfer of funds)
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 of title 49, United States
Code, subchapter 1 of chapter 475 of such title, and section 767 of the
FAA Reauthorization Act of 2024 (Public Law 118-63), $577,356,000, to
remain available through September 30, 2028: Provided, That amounts made
available under this heading shall be derived from the general fund, and
such funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That the amounts made
available under this heading shall not be subject to any limitation on
obligations for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That of the sums appropriated under this
heading--
(1) $542,356,000 shall be made available for the purposes,
and in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That amounts made available in the
preceding proviso for such purposes shall not diminish or
prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation: Provided further, That funds made available
under this section shall not be subject to or considered under
section 47115(j)(3)(B), 47115(j)(3)(C), or 47115(j)(3)(D) of
title 49, United States Code; and
(2) up to $35,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports that
include, but are not limited to, projects that are eligible
under section 47115(j)(3)(D) of title 49, United States Code:
Provided, That of amounts made available under this heading,
$20,000,000 shall be made available for the Secretary to
distribute as discretionary grants for airports with scheduled
commercial service in calendar year 2024, that serve essential
air service markets as reported in October 2024, reported and
certified zero dollars total debt at end of year on the form
FAA-5100-127 submitted before the date of enactment of this Act
for fiscal year 2024, and were allocated an amount under the
heading ``Grants-in-Aid for Airports'' in division B of Public
Law 116-136 equal to or less than the amount designated for a
regional airport under paragraph (4) under such heading:
Provided further, That the funds made available under the
preceding proviso shall be prioritized for airports
participating in the FAA Contract Tower Program:
[[Page 140 STAT. 339]]
Provided further, That of the amounts made available under this
heading--
(1) $300,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for personnel,
contracting, and other costs to administer and oversee grants
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the heading
``Federal Aviation Administration--Airport Infrastructure
Grants'' in title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $68,670,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for personnel,
contracting, and other costs to administer and oversee grants
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the heading
``Federal Aviation Administration--Airport Terminal Program'' in
title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58):
Provided further, <<NOTE: Continuation.>> That amounts transferred
pursuant to the preceding provisos shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law 118-5.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the federally
funded research and development center contract between the Federal
Aviation Administration and the Center for Advanced Aviation Systems
Development during fiscal year 2026.
Sec. 111. None of the funds made available by this Act shall be used
to pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, including related
accommodation services, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or weather
reporting: Provided, That the prohibition on the use of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the Federal Aviation Administration for air traffic
control facilities.
Sec. 112. <<NOTE: Reimbursement.>> The Administrator of the Federal
Aviation Administration may reimburse amounts made available to satisfy
section 41742(a)(1) of title 49, United States Code, from fees credited
under section 45303 of title 49, United States Code, and any amount
remaining in such account at the close of any fiscal year may be made
available to satisfy section 41742(a)(1) of title 49, United States
Code, for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title
[[Page 140 STAT. 340]]
5, United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate through
use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public that
would allow the real-time or near real-time flight tracking of that
aircraft's movements, except data made available to a Government agency,
for the noncommercial flights of that owner or operator.
Sec. 117. <<NOTE: Political appointees.>> None of the funds made
available by this Act shall be available for salaries and expenses of
more than nine political and Presidential appointees in the Federal
Aviation Administration: Provided, That of the nine political and
Presidential appointee positions in the Federal Aviation Administration,
not less than one position shall be within each of the following offices
and no appointee shall be in any other office: the Office of the
Administrator, the Office of the Deputy Administrator, the Office of the
General Counsel, the Office of Government and Industry Affairs, the
Office of Communications, the Office of Airports, and the Office for
Policy, International Affairs, and Environment.
Sec. 118. <<NOTE: Fees. Reports.>> None of the funds made available
by this Act may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations a report
that justifies all fees related to aeronautical navigation products and
explains how such fees are consistent with Executive Order No. 13642.
Sec. 119. <<NOTE: Advance notice.>> None of the funds made
available by this Act may be used to close a regional operations center
of the Federal Aviation Administration or reduce its services or
personnel unless the Administrator notifies the House and Senate
Committees on Appropriations not less than 90 full business days in
advance.
Sec. 119A. <<NOTE: New Jersey.>> None of the funds made available
by or limited by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. <<NOTE: Determination.>> None of the funds made
available by this Act may be used by the Administrator of the Federal
Aviation Administration to withhold from consideration and approval any
new application for participation in the contract tower program, or for
reevaluation of cost-share program participants so long as the Federal
Aviation Administration has received an application from the airport,
and so long as the Administrator determines such tower is eligible using
the factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. <<NOTE: Compliance.>> None of the funds made available
by this Act may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or the
technical
[[Page 140 STAT. 341]]
center unless the Administrator does so in compliance with section 405
of this Act.
Sec. 119D. Notwithstanding subsection (a)(7) of section 405,
activities creating, reorganizing, or restructuring an organizational
unit of the Federal Aviation Administration are not subject to the
requirements of section 405 unless those activities would change the
organization chart provided as an exhibit to section 1 of the
President's Budget justification.
Sec. 119E. For an additional amount for ``Grants-in-aid for
Airports'', up to $3,500,000 shall be available through September 30,
2028, for necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do not provide
gateway operations and providers of general aviation ground support
services, or other aviation tenants, located at those airports closed
during a temporary flight restriction (TFR) for any residence of the
President that is designated or identified to be secured by the United
States Secret Service, and for direct and incremental financial losses
incurred while such airports are closed solely due to the actions of the
Federal Government: Provided, That such amounts shall be derived from
balances remaining from amounts appropriated for such purposes in prior
Acts: Provided further, That such amounts shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports program set
forth in any Act: Provided further, <<NOTE: Audit.>> That no funds
shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers or
of third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and expenditure of
funds are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
Sec. 119F. <<NOTE: Applicability. Effective dates. 49 USC 44502
note.>> Section 44502(e) of title 49, United States Code, shall be
applied by inserting the following after paragraph (4):
``(5) Limitations.--
``(A) Systems or equipment.--Eligible air traffic
systems or equipment identified in subparagraphs (A)
through (C) of paragraph (3) of this subsection to be
transferred to the Administrator under this subsection
must have been purchased by the transferor airport on or
after October 5, 2018.
``(B) Other systems or equipment.--Eligible air
traffic systems or equipment identified in subparagraph
(D) of paragraph (3) of this subsection to be
transferred to the Administrator under this subsection
must have been purchased by the transferor airport on or
after October 1, 2024.
``(6) Airports classified as a basic or local general
aviation airport.--An airport that is categorized as a basic or
local general aviation airport under the most recently published
national plan of integrated airport systems under section 47103
may only transfer an eligible air traffic system or equipment
under this subsection in accordance with the exception provided
in paragraph (4) if such system or equipment was purchased by
the transferor airport on or after October 1, 2024.''.
[[Page 140 STAT. 342]]
Sec. 119G. None of the funds in this or any other Act shall be used
to plan, design, or implement the privatization or separation of the air
traffic organization functions of the Federal Aviation Administration.
Sec. 119H. None of the funds appropriated or otherwise made
available by this or any other Act may be used for the construction of a
new Air Traffic Control Training Academy except for the Federal Aviation
Administration's existing Training Academy located at the Mike Monroney
Aeronautical Center.
Sec. 119I. <<NOTE: 49 USC 40122 note.>> Notwithstanding section
40122(c) of title 49, United States Code, for this year and thereafter,
the Administrator of the Federal Aviation Administration, in
consultation with the Federal Air Surgeon, may increase the annual rate
of basic pay for positions in the Office of Aerospace Medicine requiring
a medical degree up to the annual compensation paid under section 102 of
title 3, United States Code.
Sec. 119J. <<NOTE: Spend plan. Briefings. Deadline. Time periods.>>
The Administrator of the Federal Aviation Administration is directed to
provide a spend plan and a briefing within 30 days of enactment of this
Act, and each month thereafter during fiscal year 2026, to the House and
Senate Committees on Appropriations on all activities and efforts funded
by this Act and section 40003 of Public Law 119-21 for the Federal
Aviation Administration's air traffic control modernization efforts:
Provided, That the Administrator shall make available for each briefing
the Federal Aviation Administration's Chief Financial Officer and the
Assistant Administrator for Policy, International Affairs, and
Environment, and the Federal Aviation Administration's Air Traffic
Organization's Chief Operating Officer and Chief Technology Officer.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $504,187,977 together with advances and reimbursements
received by the Federal Highway Administration, shall be obligated for
necessary expenses for administration and operation of the Federal
Highway Administration: Provided, That in addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
<<NOTE: 23 USC 104 note.>> Funds available for the implementation
or execution of authorized Federal-aid highway and highway safety
construction programs shall not exceed total obligations of
$62,657,105,821 for fiscal year 2026:
Provided, <<NOTE: Applicability.>> That the limitation on obligations
under this heading shall only apply to contract authority authorized
from the Highway Trust Fund (other than the Mass Transit Account),
unless otherwise specified in law.
[[Page 140 STAT. 343]]
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs,
$63,396,105,821 shall be derived from the Highway Trust Fund (other than
the Mass Transit Account), to remain available until expended.
highway infrastructure programs
(including transfer of funds)
For the purposes as described under this heading, $2,395,880,591, of
which $927,212,591 shall be appropriated from the general fund, and of
which--
(1) $1,093,756,000 shall be derived from the unobligated
balances of amounts previously appropriated under the heading
``Federal Highway Administration--Highway Infrastructure
Programs'' in title VIII of division J of Public Law 117-58, as
follows:
(A) $125,000,000 from amounts previously
appropriated for fiscal years 2023, 2024, 2025, and 2026
for operations and administration of the Federal Highway
Administration (excluding amounts transferred to the
Office of Inspector General of the Department of
Transportation);
(B) $75,000,000 from amounts previously appropriated
for fiscal year 2022 in paragraph (2) of such title VIII
for the Joint Office of Energy and Transportation;
(C) $300,000,000 from amounts previously
appropriated for fiscal years 2024, 2025, and 2026 in
paragraph (2) of such title VIII for grants to States or
localities that require additional assistance to
strategically deploy electric vehicle charging
infrastructure;
(D) $503,756,000 from amounts previously
appropriated for fiscal years 2022, 2023, 2024, 2025,
and 2026 in paragraph (2) of such title VIII that were
distributed among the States, to be derived on a
proportional basis from such unobligated amounts based
on the unobligated balances from fiscal year 2022 by
State as of January 31, 2026; and
(E) $90,000,000 from amounts previously appropriated
for fiscal years 2024, 2025, and 2026 under paragraph
(5) of such title VIII for the reduction of truck
emissions at port facilities program:
Provided, <<NOTE: Continuation.>> That amounts derived from
the unobligated balances as described in the matter preceding
this proviso shall continue to be treated as amounts specified
in section 103(b) of division A of Public Law 118-5;
(2) $20,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 under the heading ``Federal Motor
Carrier Safety Administration--Motor Carrier Safety Operations
and Program'' in title VIII of division J of Public Law 117-58:
Provided, <<NOTE: Continuation.>> That amounts derived by
transfer as described in the matter preceding this proviso shall
continue to be treated
[[Page 140 STAT. 344]]
as amounts specified in section 103(b) of division A of Public
Law 118-5;
(3) $204,912,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 under the heading
``Office of the Secretary--Strengthening Mobility and
Revolutionizing Transportation Grant Program'' in title VIII of
division J of Public Law 117-58:
Provided, <<NOTE: Continuation.>> That amounts derived by
transfer as described in the matter preceding this proviso shall
continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5;
(4) $50,000,000 shall be derived by transfer from the
unobligated balances of amounts made available by transfer
pursuant to section 801 in title VIII of division J of Public
Law 117-58 (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation):
Provided, <<NOTE: Continuation.>> That amounts derived by
transfer as described in the matter preceding this proviso shall
continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5; and
(5) $100,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal year 2026 under the heading ``Pipeline and Hazardous
Materials Safety Administration--Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program'' in title
VIII of division J of Public Law 117-58 (excluding amounts
transferred to the Office of Inspector General of the Department
of Transportation): Provided, <<NOTE: Continuation.>> That
amounts derived by transfer as described in the matter preceding
this proviso shall continue to be treated as amounts specified
in section 103(b) of division A of Public Law 118-5:
Provided further, That the funds made available under this heading
shall be in addition to any funds provided for fiscal year 2026 in this
or any other Act for: (1) ``Federal-aid Highways'' under chapter 1 of
title 23, United States Code; (2) the Appalachian development highway
system as authorized under section 1069(y) of Public Law 102-240; (3)
activities eligible under the Tribal transportation program under
section 202 of title 23, United States Code; (4) activities eligible
under the Federal lands transportation program under section 203 of such
title; (5) activities eligible under the Federal land access program
under section 204 of such title; (6) the Northern Border Regional
Commission (40 U.S.C. 15101 et seq.); (7) the Southwest Border Regional
Commission (40 U.S.C. 15101 et seq.); (8) the Denali Commission; or (9)
activities eligible under chapter 5 of title 23, United States Code, and
shall not affect the distribution or amount of funds provided in any
other Act: Provided further, <<NOTE: Applicability.>> That, except for
the funds made available under this heading for the Northern Border
Regional Commission, the Southwest Border Regional Commission, and the
Denali Commission, section 11101(e) of Public Law 117-58 shall apply to
funds made available under this heading: Provided further, That amounts
made available under this heading shall not be subject to any limitation
on obligations for Federal-aid highways or highway safety construction
programs set forth in any Act making annual appropriations: Provided
further, That of the sums appropriated or otherwise made available under
this heading--
[[Page 140 STAT. 345]]
(1) $1,514,721,091, which shall be available until September
30, 2029, shall be for the purposes, and in the amounts,
specified for Community Project Funding/Congressionally Directed
Spending in the table entitled ``Community Project Funding/
Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided,
That amounts made available in the preceding proviso for such
purposes shall not diminish or prejudice any application or
geographic region for other discretionary grant or loan awards
made by the Department of Transportation: Provided further,
That, except as otherwise provided under this heading, the funds
made available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That funds made available under this paragraph
that are used for Tribal projects shall be administered as if
allocated under chapter 2 of title 23, United States Code,
except that the set-asides described in subparagraph (C) of
section 202(b)(3) of title 23, United States Code, and
subsections (a)(6), (c), and (e) of section 202 of such title,
and section 1123(h)(1) of MAP-21 (as amended by Public Law 117-
58), shall not apply to such funds;
(2) $200,000,000, to remain available until September 30,
2029, shall be for activities eligible under the Tribal
transportation program, as described in section 202 of title 23,
United States Code: Provided, That, except as otherwise provided
under this heading, the funds made available under this
paragraph shall be administered as if allocated under chapter 2
of title 23, United States Code: Provided further, That the set-
asides described in subparagraph (C) of section 202(b)(3) of
title 23, United States Code, and subsections (a)(6), (c), and
(e) of section 202 of such title shall not apply to funds made
available under this paragraph: Provided further, That the set-
aside described in section 1123(h)(1) of MAP-21 (as amended by
Public Law 117-58), shall not apply to such funds;
(3) $200,000,000, to remain available until expended, shall
be to carry out the Nationally Significant Multimodal Freight
and Highway Projects program under section 117 of title 23,
United States Code: Provided, That the funds made available
under this paragraph shall be for projects to provide public
parking for commercial motor vehicles: Provided further, That
such projects shall be within reasonable access to or in the
right of way of an Interstate highway, the National Highway
System, or the National Highway Freight Network: Provided
further, <<NOTE: Grants.>> That the Secretary shall reserve not
less than 50 percent of the amounts made available under this
paragraph to make grants for projects that do not satisfy the
minimum threshold under section 117(d)(1)(B) of such title:
Provided further, <<NOTE: Urban and rural areas.>> That, of the
amount reserved under the preceding proviso, not less than 30
percent shall be used for projects in rural areas: Provided
further, That each grant made with funds reserved under the
third proviso of this paragraph shall be in an amount that is at
least $5,000,000: Provided further, That in addition to other
applicable requirements, in making grants with funds reserved
under the third proviso of this paragraph, the Secretary shall
take into consideration the project selection considerations
described in section 117(e)(3)
[[Page 140 STAT. 346]]
of such title: Provided further, That, except as described in
the preceding proviso, subsections (e) and (i) of section 117 of
such title shall not apply to funds made available under this
paragraph: Provided further, <<NOTE: Grants.>> That the
Secretary shall reserve not less than 25 percent of the amounts
made available under this paragraph to make grants for projects
located in rural areas: Provided further, That if qualified
applications will not allow for the amount reserved under the
preceding proviso to be fully utilized, the Secretary shall
combine the unutilized amounts with the amounts reserved under
the fourth proviso of this paragraph: Provided further, That the
requirements in section 117(g) of such title shall not apply to
a project assisted with a grant under this paragraph that does
not meet the minimum threshold under section 117(d)(1)(B):
Provided further, That, except as described in the following
proviso, the Federal share of the cost of a project assisted
with a grant under this paragraph may not exceed 60 percent:
Provided further, That the Federal share of the cost of a
project that does not meet the minimum threshold under section
117(d)(1)(B) of such title shall be 80 percent: Provided
further, That an eligible applicant that receives a grant under
this paragraph may partner with a private entity to fund the
development, capacity expansion, or operation or maintenance of
a facility: Provided further, That no fees may be charged by an
eligible applicant receiving a grant under this paragraph to a
commercial motor vehicle driver to use parking constructed,
expanded, opened, maintained, or improved with a grant under
this paragraph: Provided further, That the funds made available
under this paragraph shall not be used for the construction, or
development phase activities that would enable the construction,
of charging or fueling infrastructure for the propulsion of a
vehicle, including a commercial motor vehicle: Provided further,
That for purposes of this paragraph, (1) the term ``commercial
motor vehicle'' has the meaning given the term in section 31132
of title 49, United States Code, and (2) the term ``rural area''
has the meaning given the term in section 117(i)(3) of title 23,
United States Code;
(4) $5,000,000, to remain available until September 30,
2029, shall be to carry out section 11502 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 148 note): Provided, That,
except as otherwise provided under such section or this heading,
the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(5) $5,000,000, to remain available until September 30,
2029, shall be to carry out the regional infrastructure
accelerator demonstration program under section 1441 of the FAST
Act (23 U.S.C. 601 note): Provided, That for funds made
available under this paragraph, the Federal share of the costs
shall be, at the option of the recipient, up to 100 percent:
Provided further, That funds made available under this paragraph
may be transferred to the Office of the Secretary;
(6) $20,000,000 shall be for necessary expenses for
construction of the Appalachian development highway system, as
authorized under section 1069(y) of Public Law 102-240:
Provided, That <<NOTE: Definition.>> for the purposes of funds
made available under this paragraph, the term ``Appalachian
State'' means a State
[[Page 140 STAT. 347]]
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian development highway system
shall remain available until expended: Provided further, That,
except as provided in the following proviso, funds made
available under this heading for construction of the Appalachian
development highway system shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the Appalachian
development highway system shall be carried out in the same
manner as a project under section 14501 of title 40, United
States Code: Provided further, That
subject <<NOTE: Apportionments.>> to the following proviso,
funds made available under this heading for construction of the
Appalachian development highway system shall be apportioned to
Appalachian States according to the percentages derived from the
2012 Appalachian development highway system cost-to-complete
estimate, adopted in Appalachian Regional Commission Resolution
Number 736, and confirmed as each Appalachian State's relative
share of the estimated remaining need to complete the
Appalachian development highway system, adjusted to exclude
those corridors that such States have no current plans to
complete, as reported in the 2013 Appalachian Development
Highway System Completion Report, unless those States have
modified and assigned a higher priority for completion of an
Appalachian development highway system corridor, as reported in
the 2020 Appalachian Development Highway System Future Outlook:
Provided <<NOTE: Apportionments.>> further, That the Secretary
shall adjust apportionments made under the preceding proviso so
that no Appalachian State shall be apportioned an amount in
excess of 30 percent of the amount made available for
construction of the Appalachian development highway system under
this heading: Provided further, <<NOTE: Consultation.>> That
the Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the costs
for which an expenditure is made for construction of the
Appalachian development highway system under this heading shall
be up to 100 percent;
(7) $3,000,000, to remain available until September 30,
2029, shall be transferred to the Southwest Border Regional
Commission (40 U.S.C. 15101 et seq.) to make grants, in addition
to amounts otherwise made available to the Southwest Border
Regional Commission for such purpose, for authorized activities,
including for administration of grants or cooperative agreements
to support interjurisdictional planning activities advancing
transportation infrastructure: Provided, That a grant made with
funds made available under this paragraph shall be administered
in the same manner as a grant made under subtitle V of title 40,
United States Code;
(8) $5,000,000, to remain available until expended, shall be
transferred to the Northern Border Regional Commission (40
U.S.C. 15101 et seq.) to make grants, in addition to amounts
otherwise made available to the Northern Border Regional
Commission for such purpose, to carry out pilot projects that
[[Page 140 STAT. 348]]
demonstrate the capabilities of wood-based infrastructure
projects: Provided, <<NOTE: Grants.>> That a grant made with
funds made available under this paragraph shall be administered
in the same manner as a grant made under subtitle V of title 40,
United States Code;
(9) $5,000,000 shall be transferred to the Denali Commission
for activities eligible under section 307(d) of the Denali
Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-
277): Provided, That funds made available under this paragraph
shall not be subject to section 311 of such Act: Provided
further, That except as otherwise provided under section 307(d)
of such Act or this heading, funds made available under this
paragraph shall be administered as if directly appropriated to
the Denali Commission and subject to applicable provisions of
such Act, including the requirement in section 307(d) of such
Act that the local community provides a 10 percent non-Federal
match in the form of any necessary land or planning and design
funds: Provided further, That such funds shall be available
until expended: Provided further, That the Federal share of the
costs for which an expenditure is made with funds transferred
under this paragraph shall be up to 90 percent;
(10) $15,000,000 shall be transferred to the Denali
Commission to carry out the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277): Provided, That a transfer under this
paragraph shall not be subject to section 311 of such Act:
Provided further, That except as otherwise provided under this
heading, funds made available under this paragraph shall be
administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act:
Provided further, That funds made available under this paragraph
shall not be subject to section 309(j)(2) of such Act: Provided
further, That funds made available under this paragraph shall be
available until expended: Provided further, That the Federal
share of the costs for which an expenditure is made with funds
transferred under this paragraph shall be up to 100 percent;
(11) $2,000,000, to remain available until September 30,
2029, shall be to carry out the pollinator-friendly practices on
roadsides and highway rights-of-way program under section 332 of
title 23, United States Code;
(12) $10,000,000, to remain available until September 30,
2029, shall be for the national scenic byways program under
section 162 of title 23, United States Code: Provided, That,
except as otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code;
(13) $350,000,000, to remain available until September 30,
2029, shall be for a competitive highway bridge program for
States that--
(A) have--
(i) a population density of less than 115
individuals per square mile; or
(ii) a population of less than 1,100,000
individuals; and
[[Page 140 STAT. 349]]
(B) have--
(i) less than 26 percent of total bridges
classified as in good condition; or
(ii) greater than or equal to 4.9 percent of
total bridges classified as in poor condition:
Provided, That any such State with more than 14 percent of
total bridges classified as in poor condition shall receive not
less than $32,500,000 of the funds made available in this
paragraph for grant applications for projects eligible under
this paragraph: Provided
further, <<NOTE: Determination. Grants.>> That if the Secretary
determines that eligible applications from any such State
meeting the criteria under the preceding proviso are
insufficient to make awards of at least $32,500,000, the
Secretary shall use the unutilized amounts to provide other
grants to States eligible under this paragraph: Provided
further, That no State shall be awarded more than $55,000,000 in
awards from funds made available under this paragraph for grant
applications for projects eligible under this paragraph:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads that demonstrate cost
savings by bundling multiple highway bridge projects and, except
as otherwise provided in this heading, shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That the requirements of section 144(j)(5) of
title 23, United States Code, shall not apply to funds made
available under this paragraph: Provided
further, <<NOTE: Calculation.>> That for purposes of this
paragraph, the Secretary shall calculate population and
population density figures based on the latest available data
from the decennial census conducted under section 141(a) of
title 13, United States Code: Provided
further, <<NOTE: Calculation.>> That for purposes of this
paragraph, the Secretary shall calculate the percentages of
bridge counts (including the percentages of bridge counts
classified as in poor and good condition) based on the national
bridge inventory as of June 2024;
(14) $25,000,000 shall be for a competitive Type 3 highway
bridge program for the replacement or rehabilitation of bridges
that--(A) are owned by a county; (B) are classified as a Type 3
bridge by the Bureau of Reclamation; (C) are eligible under the
Federal lands access program, as described in section 204 of
title 23, United States Code; and (D) cross a water conveyance
structure owned by the Bureau of Reclamation: Provided, That the
Secretary, in consultation with the Bureau of Reclamation, shall
prioritize awards to projects that will lead to--(i) improved
water delivery; (ii) improved bridge conditions; and (iii)
improved safety, efficiency, and reliability of the movement of
people and goods over Type 3 bridges crossing a water conveyance
structure owned by the Bureau of Reclamation: Provided further,
That only a county owning a bridge meeting the conditions in
this paragraph shall be an eligible applicant for a grant under
this paragraph: Provided further, That, except as otherwise
provided under this heading, funds made available under this
paragraph shall be administered as if allocated under section
204 of such title, except that such funds shall not be subject
to subsections (b) or (c) of such section: Provided
further, <<NOTE: Determination. Grants.>> That for the purposes
of funds made available under
[[Page 140 STAT. 350]]
this paragraph, the term ``Type 3 bridge'' means a bridge
classified as a Type 3 bridge by the Bureau of Reclamation as
defined in its Reclamation Manual Directives and Standards FAC
07-01 (as updated on June 9, 2023): Provided further, That funds
made available under this paragraph shall remain available until
expended: Provided further, That the Federal share of the costs
for which an expenditure is made with funds made available under
this paragraph shall be 100 percent: Provided
further, <<NOTE: Calculation.>> That the Secretary of
Transportation shall issue the notice of funding opportunity for
the funds made available under this paragraph no later than 60
days after enactment of this Act: Provided
further, <<NOTE: Calculation.>> That the Secretary of
Transportation shall make grants for the funds made available
under this paragraph no later than 270 days after enactment of
this Act;
(15) $6,159,500, to remain available until expended, shall
be for research leading to sustainable stormwater management
technologies and techniques to reduce the impacts of 6PPD and
6PPD-quinone on salmon-bearing streams: Provided, That the
Federal Highway Administration shall implement this research as
specified under the paragraph entitled ``Stormwater Management''
in Senate Report 119-47; and
(16) $30,000,000, to remain available until expended, shall
be for capital construction grants under the Reconnecting
Communities Pilot Program as authorized under section 11509(d)
of division A of the Infrastructure Investment and Jobs Act
(Public Law 117-58): Provided, That funds made available under
this paragraph shall only be available for projects in States in
which the Department of Transportation previously awarded a
competitive grant award and signed a grant agreement of not less
than $145,000,000 under section 177 of title 23, United States
Code, and any amount of such funds were subsequently rescinded
by an Act of Congress.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2026, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code); and
[[Page 140 STAT. 351]]
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) <<NOTE: Determination.>> determine the proportion
that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) <<NOTE: Distribution. Applicability.>> distribute the
obligation limitation for Federal-aid highways, less the
aggregate amounts not distributed under paragraphs (1) and (2),
for each of the programs (other than programs to which paragraph
(1) applies) that are allocated by the Secretary under
authorized Federal-aid highway and highway safety construction
programs, or apportioned by the Secretary under section 202 or
204 of title 23, United States Code, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) <<NOTE: Distribution.>> distribute the obligation
limitation for Federal-aid highways, less the aggregate amounts
not distributed under paragraphs (1) and (2) and the amounts
distributed under paragraph (4), for Federal-aid highway and
highway safety construction programs that are apportioned by the
Secretary under title 23, United States Code (other than the
amounts apportioned for the national highway performance program
in section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
[[Page 140 STAT. 352]]
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) <<NOTE: Time period.>> section 105 of title 23, United
States Code (as in effect for fiscal years 1998 through 2004,
but only in an amount equal to $639,000,000 for each of those
fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) <<NOTE: Time period.>> section 105 of title 23, United
States Code (as in effect for fiscal years 2005 through 2012,
but only in an amount equal to $639,000,000 for each of those
fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) <<NOTE: Time period.>> section 119 of title 23, United
States Code (but, for each of fiscal years 2013 through 2026,
only in an amount equal to $639,000,000).
(c) <<NOTE: Effective date.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) <<NOTE: Revision.>> revise a distribution of the
obligation limitation made available under subsection (a) if an
amount distributed cannot be obligated during that fiscal year;
and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface
Transportation Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) <<NOTE: Time period.>> remain available for a
period of 4 fiscal years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
[[Page 140 STAT. 353]]
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any
funds (excluding funds authorized for the program under section
202 of title 23, United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) <<NOTE: Determination.>> the Secretary
determines will not be allocated to the States (or will
not be apportioned to the States under section 204 of
title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal
year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. <<NOTE: Reimbursement.>> Notwithstanding 31 U.S.C. 3302,
funds received by the Bureau of Transportation Statistics from the sale
of data products, for necessary expenses incurred pursuant to chapter 63
of title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for such
expenses.
Sec. 122. <<NOTE: Time period. Waiver. Public
information. Notice. 23 USC 313 note.>> Not less than 15 days prior to
waiving, under his or her statutory authority, any Buy America
requirement for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and comment
opportunity on the intent to issue such waiver and the reasons therefor:
Provided, That <<NOTE: Web posting.>> the Secretary shall post on a
website any waivers granted under the Buy America requirements.
Sec. 123. <<NOTE: Grants. Time period. Notification. Evaluation.>>
None of the funds made available in this Act may be used to make a grant
for a project under section 117 of title 23, United States Code, unless
the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located within
the boundary of the State or territory any earmarked amount, and any
associated obligation limitation:
Provided, <<NOTE: Notification. Reports.>> That the Department of
Transportation for the State or territory for which the earmarked amount
was originally designated or directed notifies the Secretary of its
intent to use its authority under this section and submits an annual
report to the Secretary identifying the projects to which the funding
would be applied. <<NOTE: Time period.>> Notwithstanding the original
period of availability of funds to be obligated under this section, such
funds and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in which
the Secretary is notified. The Federal share of the cost of a project
carried out with funds made available under this section shall be the
same as associated with the earmark.
(b) <<NOTE: Definition. Time period.>> In this section, the term
``earmarked amount'' means--
[[Page 140 STAT. 354]]
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) <<NOTE: Effective date. Applicability. Certifications.>> The
authority under subsection (a) may be exercised only for those projects
or activities that have obligated less than 10 percent of the amount
made available for obligation as of October 1 of the current fiscal
year, and shall be applied to projects within the same general
geographic area within 25 miles for which the funding was designated,
except that a State or territory may apply such authority to unexpended
balances of funds from projects or activities the State or territory
certifies have been closed and for which payments have been made under a
final voucher.
(d) <<NOTE: Reports.>> The Secretary shall submit consolidated
reports of the information provided by the States and territories
annually to the House and Senate Committees on Appropriations.
Sec. 125. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Federal Highway Administration--Highway Infrastructure Programs'' in
division J of Public Law 117-58 for the Nationally Significant Freight
and Highway Projects program under section 117 of title 23, United
States Code, for fiscal year 2023 are hereby permanently rescinded, and
an amount of additional new budget authority equivalent to the amount
rescinded pursuant to this section is hereby appropriated on September
30, 2026, for an additional amount for fiscal year 2026, to remain
available until September 30, 2031, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to section 117 of title 23, United States Code, for fiscal year
2023 funding, in addition to other funds as may be available for such
purposes: Provided, That the amounts rescinded pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to 4001(a)(1) of S. Con. Res 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, and to
legislation establishing fiscal year 2026 budget enforcement in the
House of Representatives: Provided further, That the amount of
additional new budget authority provided by this section is designated
by the Congress as being for an emergency requirement pursuant to such
section 4001(a)(1) and to legislation establishing fiscal year 2026
budget enforcement in the House of Representatives.
Sec. 126. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Federal Highway Administration--Highway Infrastructure Programs'' in
division J of Public Law 117-58 for the
[[Page 140 STAT. 355]]
bridge investment program under section 124 of title 23, United States
Code, for fiscal year 2023 are hereby permanently rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded pursuant to this section is hereby appropriated on September
30, 2026, for an additional amount for fiscal year 2026, to remain
available until September 30, 2031, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to section 124 of title 23, United States Code, for fiscal year
2023 funding, in addition to other funds as may be available for such
purposes: Provided, That the amounts rescinded pursuant to this section
that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year 2018,
and to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Congress as an emergency
requirement pursuant to 4001(a)(1) of S. Con. Res 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022, and to
legislation establishing fiscal year 2026 budget enforcement in the
House of Representatives: Provided further, That the amount of
additional new budget authority provided by this section is designated
by the Congress as being for an emergency requirement pursuant to such
section 4001(a)(1) and to legislation establishing fiscal year 2026
budget enforcement in the House of Representatives.
Sec. 127. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Federal Highway Administration--Highway Infrastructure Programs'' in
division L of Public Law 117-328 for competitive awards for activities
eligible under section 176(d)(4)(A) and 176(d)(4)(C) of title 23, United
States Code, for fiscal year 2023 are hereby permanently rescinded, and
an amount of additional new budget authority equivalent to the amount
rescinded pursuant to this section is hereby appropriated on September
30, 2026, for an additional amount for fiscal year 2026, to remain
available until September 30, 2031, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to section 176 of title 23, United States Code, for fiscal year
2023 funding, in addition to other funds as may be available for such
purposes.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, as amended by
the Infrastructure Investment and Jobs Act (Public Law 117-58),
$390,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with
[[Page 140 STAT. 356]]
advances and reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $390,000,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2026: Provided further, That of the amounts
made available under this heading--
(1) not less than $63,098,000, to remain available for
obligation until September 30, 2028, shall be for development,
modernization, enhancement, and continued operation and
maintenance of information technology and information
management; and
(2) $14,073,000, to remain available for obligation until
September 30, 2028, shall be for the research and technology
program:
Provided further, That the activities funded in paragraphs (1) and (2)
in the preceding proviso may be accomplished through direct
expenditures, direct research activities, grants, cooperative
agreements, contracts, intra-agency or interagency agreements, or other
agreements with public organizations.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, $536,600,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $541,600,000 in fiscal
year 2026 for ``Motor Carrier Safety Grants'': Provided further, That of
the amounts made available under this heading--
(1) $422,500,000, to remain available for obligation until
September 30, 2027, shall be for the motor carrier safety
assistance program;
(2) $45,200,000, to remain available for obligation until
September 30, 2027, shall be for the commercial driver's license
program implementation program;
(3) $62,400,000, to remain available for obligation until
September 30, 2027, shall be for the high priority program;
(4) $1,500,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
operators grant program; and
(5) $10,000,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
enforcement training and support grant program, of which
$5,000,000 shall be made available from prior year unobligated
contract authority made available for Motor Carrier Safety
Grants in section 23001 of the Infrastructure Investment and
Jobs Act (Public Law 117-58): Provided, <<NOTE: Notice.>> That
such prior year unobligated contract authority shall be
available to complete
[[Page 140 STAT. 357]]
the fiscal year 2024 commercial motor vehicle enforcement
training and support grant program notice of funding opportunity
and shall be available to all applicants otherwise eligible
under such notice of funding opportunity.
administrative provisions--federal motor carrier safety administration
Sec. 130. None of the funds appropriated or otherwise made available
to the Department of Transportation by this Act or any other Act may be
obligated or expended to implement, administer, or enforce the
requirements of section 31137 of title 49, United States Code, or any
regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
Sec. 131. <<NOTE: Update. Regulations. 49 USC 13902 note.>> The
Secretary shall update the Department's regulations to ensure that non-
compliance with section 391.11(b)(2) of title 49, Code of Federal
Regulations, triggers an out-of-service order.
National Highway Traffic Safety Administration
operations and research
(including transfer of funds)
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety, authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $200,000,000,
of which $65,000,000 shall remain available through September 30, 2027,
and of which $129,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated in title VIII of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) as follows: (1) $79,000,000 from amounts previously appropriated
for fiscal years 2023, 2024, 2025, and 2026 in paragraph (3) under the
heading ``Department of Transportation--National Highway Traffic Safety
Administration--Supplemental Highway Traffic Safety Programs''; and (2)
$50,000,000 from amounts previously appropriated for fiscal year 2026
under the heading ``Department of Transportation--National Highway
Traffic Safety Administration--Crash Data'':
Provided, <<NOTE: Continuation.>> That amounts derived by transfer as
described in the matter preceding this proviso shall continue to be
treated as amounts specified in section 103(b) of division A of Public
Law 118-5.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including
[[Page 140 STAT. 358]]
behavioral research on automated driving systems and advanced driver
assistance systems and improving consumer responses to safety recalls,
section 25024 of the Infrastructure Investment and Jobs Act (Public Law
117-58), and chapter 303 of title 49, United States Code, $209,600,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the planning or execution
of programs the total obligations for which, in fiscal year 2026, are in
excess of $209,600,000: Provided further, That of the sums appropriated
under this heading--
(1) $202,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on automated driving systems and advanced
driver assistance systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,600,000 shall be for the national driver register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $209,600,000 obligation limitation
for operations and research, $57,500,000 shall remain available until
September 30, 2027, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on automated driving systems and
advanced driver assistance systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2026 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States Code,
to remain available until expended, $849,654,625, to be derived from the
Highway Trust Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the planning or
execution of programs for which the total obligations in fiscal year
2026 are in excess of $849,654,625 for programs authorized under
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this heading--
(1) $393,400,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
(2) $367,500,000 shall be for national priority safety
programs under section 405 of title 23, United States Code;
(3) $44,300,000 shall be for the high visibility enforcement
program under section 404 of title 23, United States Code; and
(4) $44,454,625 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
[[Page 140 STAT. 359]]
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for national priority safety programs under section 405
of title 23, United States Code, for impaired driving countermeasures
(as described in subsection (d) of that section) shall be available for
technical assistance to the States: Provided further, That with respect
to the ``Transfers'' provision under section 405(a)(10) of title 23,
United States Code, any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority for
such amounts: Provided further, That <<NOTE: Notification. Deadline.>>
the Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
preceding proviso or under section 405(a)(10) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 141. <<NOTE: Drugs and drug abuse. Alcohol and alcoholic
beverages.>> None of the funds provided in this Act may be used to
encourage illegal drug or alcohol use in the National Highway Traffic
Safety Administration's impaired driving advertising campaigns.
Sec. 142. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $264,761,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $3,000,000 shall be available
pursuant to section 20108(d) of title 49, United States Code, for the
construction, alteration, and repair of buildings and improvements at
the Transportation Technology Center: Provided further, That of the
amounts provided under this heading, not less than $2,500,000 shall be
available pursuant to section 20108(j) of title 49, United States Code,
to establish and maintain a center of excellence.
[[Page 140 STAT. 360]]
federal-state partnership for intercity passenger rail
(including transfer of funds)
For necessary expenses related to Federal-State partnership for
intercity passenger rail grants as authorized by section 24911 of title
49, United States Code, $65,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to 2 percent of the amounts
made available under this heading in this Act for the costs of award and
project management oversight of grants carried out under title 49,
United States Code: Provided further, That of the amounts made available
under this heading, $40,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for fiscal years
2025 and 2026 for the costs of award and project management oversight of
grants, including amounts transferred to the ``Financial Assistance
Oversight and Technical Assistance'' account (excluding amounts
transferred to the Office of Inspector General of the Department of
Transportation and to the National Railroad Passenger Corporation Office
of Inspector General) under the heading ``Federal Railroad
Administration--Federal-State Partnership for Intercity Passenger Rail
Grants'' in title VIII of division J of the Infrastructure Investment
and Jobs Act (Public Law 117-58): Provided
further, <<NOTE: Continuation.>> That amounts transferred pursuant to
the preceding proviso shall continue to be treated as amounts specified
in section 103(b) of division A of Public Law 118-5: Provided further,
That, of amounts made available under this heading, $5,000,000 shall be
for a grant to the Union Station Redevelopment Corporation to
rehabilitate and repair the Washington Union Station complex, and
section 24911(f)(2) of title 49, United States Code, shall not apply to
that grant.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure
and safety improvements grants, as authorized by section 22907 of title
49, United States Code, $137,426,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) $87,426,000 shall be available for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided further, That amounts made available in the preceding
proviso for such purposes shall not diminish or prejudice any
application or geographic region for other discretionary grant
or loan awards made by the Department of Transportation:
Provided further, That requirements under subsections (g) and
(l) of section 22907 of title 49, United States Code, shall not
apply to the funds made available under this paragraph: Provided
further, <<NOTE: Distribution.>> That any remaining funds
available after the distribution of the Community Project
Funding/Congressionally Directed Spending described in this
paragraph
[[Page 140 STAT. 361]]
shall be available to the Secretary to distribute as
discretionary grants under this heading; and
(2) $50,000,000 shall be available to the Secretary to
distribute as discretionary grants under this heading in this
Act:
Provided further, That of the amounts made available under this
heading--
(1) $20,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal year 2026 for the costs of award and project management
oversight of grants, including amounts transferred to the
``Financial Assistance Oversight and Technical Assistance''
account (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation and to the
National Railroad Passenger Corporation Office of Inspector
General) under the heading ``Federal Railroad Administration--
Consolidated Rail Infrastructure and Safety Improvements'' in
title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58); and
(2) $110,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 for the costs of award and project
management oversight of grants, including amounts transferred to
the ``Financial Assistance Oversight and Technical Assistance''
account (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation and to the
National Railroad Passenger Corporation Office of Inspector
General) under the heading ``Federal Railroad Administration--
Federal-State Partnership for Intercity Passenger Rail Grants''
in title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58):
Provided further, <<NOTE: Continuation.>> That amounts transferred
pursuant to the preceding proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law 118-5:
Provided further, That for amounts made available under this heading in
this Act, eligible projects under section 22907(c)(8) of title 49,
United States Code, shall also include railroad systems planning
(including the preparation of regional intercity passenger rail plans
and State rail plans) and railroad project development activities
(including railroad project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the development and
analysis of project alternatives): Provided further, That section
22905(f) of title 49, United States Code, shall not apply to amounts
made available under this heading in this Act for projects that
implement or sustain positive train control systems otherwise eligible
under section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading in this Act for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made available
under this heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include any holding
company of a Class II railroad or Class III railroad (as those terms are
defined in section 20102 of title 49, United States Code): Provided
further, That section 22907(e)(1)(A) of title 49, United States Code,
shall not apply to amounts made available under this heading in this
Act: Provided further, That section
[[Page 140 STAT. 362]]
22907(e)(1)(A) of title 49, United States Code, shall not apply to
amounts made available under this heading in previous fiscal years if
such funds are announced in a notice of funding opportunity that
includes funds made available under this heading in this Act: Provided
further, That the preceding proviso shall not apply to funds made
available under this heading in the Infrastructure Investment and Jobs
Act (division J of Public Law 117-58): Provided further, <<NOTE: Time
period.>> That unobligated balances remaining after 6 years from the
date of enactment of this Act may be used for any eligible project under
section 22907(c) of title 49, United States Code: Provided further, That
the Secretary may withhold up to 2 percent of the amounts made available
under this heading in this Act for the costs of award and project
management oversight of grants carried out under title 49, United States
Code.
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$850,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National Network
Grants to the National Railroad Passenger Corporation'' heading in this
Act to fund the costs of project management and oversight of activities
authorized by section 22101(c) of the Infrastructure Investment and Jobs
Act (Public Law 117-58): Provided further, That in addition to the
project management oversight funds authorized under section 22101(c) of
the Infrastructure Investment and Jobs Act (Public Law 117-58), the
Secretary shall retain an additional $5,000,000 of the amounts made
available under this heading in this Act to fund expenses associated
with the Northeast Corridor Commission established under section 24905
of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$1,577,000,000, to remain available until expended: Provided, That the
Secretary shall retain an additional $3,000,000 of the funds provided
under this heading in this Act to fund expenses associated with the
State-Supported Route Committee established under section 24712 of title
49, United States Code: Provided further, That none of the funds
provided under this heading in this Act shall be used by Amtrak to give
notice under subsection (a) or (c) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined in section
24102 of title 49, United States Code) on which Amtrak is the sole
operator on a host railroad's line and a positive train control system
is not required by law or regulation, or, except in an emergency or
during maintenance or construction outages impacting such routes, to
[[Page 140 STAT. 363]]
otherwise discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any portion of such
route operated in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United States Code, in
lieu of rail service: Provided further, That the National Railroad
Passenger Corporation may use up to $66,000,000 of the amounts made
available under this heading in this Act for corridor development
activities as authorized by section 22101(h) of Public Law 117-58:
Provided further, That $5,000,000 of the amounts made available under
this heading in this Act shall be for the modernization project
identified under this heading included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
administrative provisions--federal railroad administration
(including transfer of funds)
(including rescission)
Sec. 150. The amounts made available to the Secretary or to the
Federal Railroad Administration for the costs of award, administration,
and project management oversight of financial assistance which are
administered by the Federal Railroad Administration, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the necessary expenses to support the award, administration, project
management oversight, and technical assistance of financial assistance
administered by the Federal Railroad Administration, in the same manner
as appropriated for in this and prior Acts: Provided, That this section
shall not apply to amounts that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 151. <<NOTE: Overtime. Amtrak. Time periods.>> None of the
funds made available to the National Railroad Passenger Corporation may
be used to fund any overtime costs in excess of $35,000 for any
individual employee: Provided, <<NOTE: Waiver
authority. Determination.>> That the President of Amtrak may waive the
cap set in the preceding proviso for specific employees when the
President of Amtrak determines such a cap poses a risk to the safety and
operational efficiency of the system: Provided further,
That <<NOTE: Reports. Summary.>> the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later than 60
days after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2025 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2025 and for the
3 prior calendar years.
Sec. 152. None of the funds made available to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'' may be used to
reduce the total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains
[[Page 140 STAT. 364]]
or at stations, facilities or rights-of-way below the staffing level on
May 1, 2019.
Sec. 153. <<NOTE: Union Station Redevelopment
Corporation. Grants.>> For amounts made available under the heading
``Federal-State Partnership for Intercity Passenger Rail'' for fiscal
year 2026 in this Act and in title VIII of division J of Public Law 117-
58, the Union Station Redevelopment Corporation shall be considered an
entity eligible to receive a grant under section 24911(a) of title 49,
United States Code: Provided, That section 24911(f)(2) of title 49 shall
not apply to grants made available to the Union Station Redevelopment
Corporation under the authority as provided in this section: Provided
further, <<NOTE: National Railroad Passenger Corporation.>> That the
Union Station Redevelopment Corporation and the National Railroad
Passenger Corporation shall adhere to Public Law 97-125 and ensure the
historic preservation and improvements to Washington Union Station are
achieved with maximum reliance on the private sector and minimum
requirement for Federal assistance.
Sec. 154. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,200,000 riders in 39 States and the
District of Columbia and are particularly important in rural
areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Sec. 156. Of the unobligated balances of funds remaining from--
(1) ``Railroad Safety Grants'' account totaling $795,331.70
appropriated by Public Law 114-113 is hereby permanently
rescinded;
(2) ``Grants to the National Railroad Passenger
Corporation'' account totaling $20 appropriated by Public Law
104-50 is hereby permanently rescinded;
(3) ``Capital Assistance to States--Intercity Passenger Rail
Grant Program'' account totaling $292,181.41 appropriated by
Public Law 111-8 is hereby permanently rescinded;
(4) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling $9,912.54
appropriated by Public Law 111-117 is hereby permanently
rescinded;
(5) ``Railroad Research and Development'' account totaling
$1,008,385 appropriated by Public Law 109-115 is hereby
permanently rescinded;
(6) ``National Network Grants to the National Railroad
Passenger Corporation'' account totaling $76,633.70 appropriated
by Public Law 115-31 is hereby permanently rescinded;
(7) ``Magnetic Levitation Technology Deployment Program''
account totaling $14,000,000 appropriated by the following
public laws are hereby permanently rescinded:
(A) Public Law 116-6 a total of $10,000,000;
(B) Public Law 116-94 a total of $2,000,000; and
(C) Public Law 116-260 a total of $2,000,000;
[[Page 140 STAT. 365]]
(8) ``Consolidated Rail Infrastructure and Safety
Improvements'' account totaling $5,000,000 appropriated by
Public Law 117-328 for preconstruction planning activities and
capital costs related to the deployment of magnetic levitation
transportation projects is hereby permanently rescinded; and
(9) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling $928,620,000
appropriated by Public Law 111-117 is hereby permanently
rescinded.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal public
transportation assistance program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, section 20005(b) of Public Law 112-141, and section 3006(b) of
Public Law 114-94, $14,642,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation or
execution of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section
20005(b) of Public Law 112-141, and section 3006(b) of Public Law 114-
94, shall not exceed total obligations of $14,642,000,000 in fiscal year
2026.
transit infrastructure grants
(including transfer of funds)
For an additional amount for ferry boat grants under section 5307(h)
of title 49, United States Code, bus testing facilities under section
5318 of such title, accelerating innovative mobility initiative grants
under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities eligible
under chapter 53 of such title, ferry service for rural communities
under section 71103 of division G of Public Law 117-58, and operating
assistance to improve public safety in transit systems, $211,423,390, to
remain available until expended: Provided, That of the sums provided
under this heading in this Act--
(1) $25,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided in this paragraph, no less than
$4,000,000 shall be available for low or zero emission ferries
or ferries using electric battery or fuel cell components and
the infrastructure to support such ferries;
(2) $1,500,000 shall be available for the operation and
maintenance of the bus testing facilities selected under section
5318 of such title;
[[Page 140 STAT. 366]]
(3) $2,000,000 shall be available for the accelerating
innovative mobility initiative as authorized under section 5312
of title 49, United States Code: Provided, That such amounts
shall be available for competitive grants to improve mobility
and enhance the rider experience with a focus on innovative
service delivery models, creative financing, novel partnerships,
and integrated payment solutions in order to help disseminate
proven innovation mobility practices throughout the public
transportation industry;
(4) $147,923,390 shall be available for the purposes, and in
the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That amounts made available in
this paragraph for such purposes shall not diminish or prejudice
any application or geographic region for other discretionary
grant or loan awards made by the Department of Transportation:
Provided further, <<NOTE: Applicability. Approval.>> That
unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph shall
be in an amount equal to 80 percent of the net costs of the
project, unless the Secretary approves a higher maximum Federal
share of the net costs of the project consistent with
administration of similar projects funded under chapter 53 of
title 49, United States Code;
(5) $20,000,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 15 miles
between the two rural areas: Provided further, That for (1)
amounts made available in this paragraph, (2) unobligated
balances from amounts made available pursuant to section
1101(a)(12) of division A of the Full-Year Continuing
Appropriations and Extensions Act, 2025 (Public Law 119-4) for
ferry service for rural communities previously appropriated in
paragraph (5) under this heading in division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42), and
(3) unobligated balances from amounts made available in
paragraph (5) under this heading in division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42),
notwithstanding section 71103(e)(2), eligible service shall
include passenger ferry service that receives funds apportioned
under chapter 53 of title 49, United States Code: Provided
further, That entities that provide eligible service pursuant to
the preceding two provisos may use amounts made available in
this paragraph for public transportation capital projects to
support any ferry service between two rural areas; and
(6) $15,000,000 shall be available for costs related to
operating equipment and facilities for use in public
transportation to improve public safety in transit systems:
Provided, That the Secretary shall provide amounts made
available in this paragraph as if such amounts were provided
under section
[[Page 140 STAT. 367]]
5307 of title 49, United States Code, as applicable: Provided
further, That notwithstanding subsection (a)(1) or (a)(2) of
section 5307 of such title, amounts made available in this
paragraph shall be available for the operating cost of equipment
and facilities for use in public transportation eligible under
section 5307 of such title: Provided further, That amounts made
available in this paragraph shall be for eligible recipients
under section 5307 of such title for such operating costs to
improve public safety, reduce crime, and increase security in
transit systems: Provided further, <<NOTE: Allocation.>> That
the Secretary shall allocate amounts made available in this
paragraph to the 10 eligible recipients with the highest
ridership in fiscal year 2024: Provided further, That amounts
shall be provided to eligible recipients proportionally based on
ridership in fiscal year 2024: Provided further, That no
eligible recipient may receive an allocation of more than 50
percent of the total amounts made available in this paragraph:
Provided further, <<NOTE: Allocation.>> That the Secretary
shall allocate any excess funds above the 50 percent threshold
in the preceding proviso to all other eligible recipients in
this paragraph proportionally based on ridership in fiscal year
2024: Provided further, <<NOTE: Allocation. Deadline.>> That
the Secretary shall allocate amounts made available in this
paragraph to eligible recipients no later than 30 days after the
date of enactment of this Act:
Provided further, That amounts made available under this heading shall
be derived from the general fund, of which--
(1) $40,795,000 shall be derived from amounts previously
appropriated for fiscal year 2026 for administrative and
oversight expenses as authorized under section 5334 and section
5338(c) of title 49, United States Code, (excluding amounts
transferred to the Office of Inspector General of the Department
of Transportation) under the heading ``Federal Transit
Administration--Transit Infrastructure Grants'' in title VIII of
division J of the Infrastructure Investment and Jobs Act (Public
Law 117-58);
(2) $4,975,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 for administrative
and oversight expenses as authorized under section 5334 and
section 5338(c) of title 49, United States Code, (excluding
amounts transferred to the Office of Inspector General of the
Department of Transportation) under the heading ``Federal
Transit Administration--Electric or Low-Emitting Ferry Program''
in title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58);
(3) $4,601,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 for administrative
and oversight expenses as authorized under section 5334 and
section 5338(c) of title 49, United States Code, (excluding
amounts transferred to the Office of Inspector General of the
Department of Transportation) under the heading ``Federal
Transit Administration--Ferry Service for Rural Communities'' in
title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58); and
(4) $138,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 for the costs of award and project
[[Page 140 STAT. 368]]
management oversight of grants, including amounts transferred to
the ``Financial Assistance Oversight and Technical Assistance''
account (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation and to the
National Railroad Passenger Corporation Office of Inspector
General) under the heading ``Federal Railroad Administration--
Federal-State Partnership for Intercity Passenger Rail Grants''
in title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58):
Provided further, <<NOTE: Continuation.>> That amounts transferred
pursuant to the preceding proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law 118-5:
Provided further, That amounts made available under this heading in this
Act shall not be subject to any limitation on obligations for transit
programs set forth in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49, United
States Code, $7,500,000, to remain available until September 30, 2027:
Provided, That the assistance provided under this heading does not
duplicate the activities of section 5311(b) or section 5312 of title 49,
United States Code: Provided further, That amounts made available under
this heading are in addition to any other amounts made available for
such purposes: Provided further, That amounts made available under this
heading shall not be subject to any limitation on obligations set forth
in this or any other Act.
capital investment grants
(including transfer of funds)
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $1,700,000,000, to remain available until expended:
Provided, That of the sums appropriated under this heading in this Act--
(1) $1,357,300,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) $200,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $25,700,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) $100,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the amounts made available under this heading in
this or any prior appropriations Act shall be available for the
purposes, and in amounts, specified in the table entitled ``Allocation
of FTA Capital Investment Grants Funding'' included for this division in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, <<NOTE: Allocations. Deadline.>> That the Secretary shall make
allocations for amounts made available under this heading in this or any
prior appropriations Act in accordance with the table referred to in the
second proviso under this heading in this Act no later than 120
[[Page 140 STAT. 369]]
days after the enactment of this Act: Provided further, That not to
exceed 10 percent of any funding level specified in the table referred
to in the second proviso under this heading in this Act may be
transferred to any other funding level specified in such table: Provided
further, That no transfer of such funding levels may increase or
decrease any funding level in the table referred to in the second
proviso under this heading in this Act by more than 10 percent: Provided
further, That the preceding two provisos shall not apply to projects
with full funding grant agreements under section 5309(d) of title 49,
United States Code, included in the table referred to in the second
proviso under this heading in this Act: Provided further, That for funds
made available under this heading in division J of Public Law 117-58 the
second through sixth provisos shall be treated as inapplicable for
fiscal year 2026: Provided further, That for funds made available under
this heading in division J of Public Law 117-58, $734,900,000 may be
available for projects authorized under section 5309(d) of title 49,
United States Code: Provided further, That for funds made available
under this heading in division J of Public Law 117-58, $849,500,000 may
be available for projects authorized under section 5309(h) of title 49,
United States Code: Provided further, <<NOTE: Continuation.>> That
amounts repurposed under this heading in this Act shall continue to be
treated as amounts specified in section 103(b) of division A of Public
Law 118-5: Provided further, <<NOTE: Continuation.>> That the Secretary
shall continue to administer the capital investment grants program in
accordance with the procedural and substantive requirements of section
5309 of title 49, United States Code, and of section 3005(b) of the
Fixing America's Surface Transportation Act: Provided further, That
projects that receive a grant agreement under the expedited project
delivery for capital investment grants pilot program under section
3005(b) of the Fixing America's Surface Transportation Act shall be
deemed eligible for funding provided for projects under section 5309 of
title 49, United States Code, without further evaluation or rating under
such section: Provided further, That such funding shall not exceed the
Federal share under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended:
Provided, <<NOTE: Approval. Review.>> That the Secretary of
Transportation shall approve grants for capital and preventive
maintenance expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for each specific
project: Provided further, That <<NOTE: Determination.>> the Secretary
shall determine that the Washington Metropolitan Area Transit Authority
has placed the highest priority on those investments that will improve
the safety of the system before approving such grants.
[[Page 140 STAT. 370]]
administrative provisions--federal transit administration
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. <<NOTE: Deadline.>> Notwithstanding any other provision
of law, funds appropriated or limited by this Act under the heading
``Capital Investment Grants'' of the Federal Transit Administration for
projects specified in this Act not obligated by September 30, 2029, and
other recoveries, shall be directed to projects eligible to use the
funds for the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2025, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. None of the funds made available by this Act or any other
Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any other
Act shall be used to impede or hinder project advancement or approval
for any project seeking a Federal contribution from the capital
investment grants program of greater than 40 percent of project costs as
authorized under section 5309 of title 49, United States Code.
Sec. 165. <<NOTE: 2028 Summer Olympic and Paralympic Games.>> Of
the unobligated balances made available for the following programs
authorized by Public Law 109-59, the Secretary shall make $94,316,766
available for transportation assistance, including assistance with
transit planning, capital projects, and operating assistance, for
surface, commuter, and public transportation systems necessary to
support the mobility needs of the international quadrennial Olympic and
Paralympic events as authorized by section 1223(e) of Public Law 105-
178--
(1) ``Alternatives Analysis Program'' under section 5339 of
title 49, United States Code;
(2) ``bus and bus-related equipment and facilities'' under
section 5309 of title 49, United States Code; and
(3) ``Alternative Transportation in Parks and Public Lands''
under section 5320 of title 49, United States Code:
Provided, That such assistance shall be for any eligible entity as
defined by section 6702 of title 49, United States Code, that serves or
supports service to a venue that is part of the 2028 international
quadrennial Olympic or Paralympic events: Provided
further, <<NOTE: Grants. Contracts.>> That such assistance may be
provided through direct grants or cooperative agreements for which the
Federal share shall not exceed 80 percent, with the exception of
assistance for a supplemental public transportation bus system which
shall be no less than 90 percent: Provided further, That these amounts
shall be in addition to other amounts made available for such purpose:
Provided further, That amounts made available in this section may be
transferred to other operating administrations of the Department to
administer the amounts made available in this
[[Page 140 STAT. 371]]
section as appropriate: Provided further, <<NOTE: Time period.>> That
amounts made available in this section shall only be available for
obligation for the purposes specifically authorized in this section in
this Act for a period not to exceed 2 fiscal years after the official
closing of the 2028 international quadrennial Olympic and Paralympic
events.
Sec. 166. <<NOTE: FIFA World Cup 2026.>> Of the unobligated
balances made available for the following programs authorized by Public
Law 109-59 and Public Law 105-178, the Secretary shall make $100,250,212
available for grants to transit agencies for costs related to eligible
planning, capital, and operating expenses for equipment and facilities
in support of matches or other public events held in domestic host
cities for the FIFA World Cup 2026--
(1) ``Clean Fuels Grant Program'' under section 5308 of
title 49, United States Code;
(2) ``Job Access and Reverse Commute Formula Grants'' under
section 5316 of title 49, United States Code;
(3) ``New Freedom'' under section 5317 of title 49, United
States Code, as amended by Public Law 109-59; and
(4) ``Rural Transportation Accessibility Incentive Program''
under section 3038 of Public Law 105-178:
Provided, <<NOTE: Apportionment. Deadline.>> That the Secretary shall
apportion such amounts not later than 30 days after enactment of this
Act so that the transit agencies in each of the domestic host cities for
the FIFA World Cup 2026 are each entitled to receive an amount equal
to--
(1) 70 percent of the total amount apportioned multiplied by
a ratio equal to the FIFA estimated stadium capacity of the host
stadium at the time of apportionment divided by the total FIFA
estimated stadium capacity of all host stadiums at the time of
apportionment; and
(2) 30 percent of the total amount apportioned multiplied by
a ratio equal to the number of matches to be held in the host
stadium divided by the total number of matches to be held in all
host cities in the United States:
Provided further, That notwithstanding subsection (a)(1) or (b) of
section 5307 of title 49, United States Code, amounts made available in
this section are available for the planning, capital, and operating
expenses of transit agencies for hosting matches or other public events
held in domestic host cities for the FIFA World Cup 2026, eligible under
section 5307 of title 49, United States Code: Provided further, That
such planning, capital, and operating expenses are not required to be
included in a transportation improvement program, long-range
transportation, statewide transportation plan, or a statewide
transportation improvement program: Provided further, That the Secretary
shall not waive the requirements of section 5333 of title 49, United
States Code, for amounts made available in this section: Provided
further, <<NOTE: Applicability.>> That unless otherwise specified,
applicable requirements under chapter 53 of title 49, United States
Code, shall apply to amounts made available in this section, except that
the Federal share of the costs for which any grant is made according to
this section shall be, at the option of the recipient, up to 100
percent: Provided further, <<NOTE: Time period.>> That amounts made
available in this section shall only be available for obligation for the
purposes specifically authorized in this section in this Act for a
period not to exceed 1 fiscal year after the official closing of the
FIFA World Cup 2026 events.
[[Page 140 STAT. 372]]
Great Lakes St. Lawrence Seaway Development <<NOTE: Contracts.>>
Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs set forth in the
Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence Seaway
owned, operated, and maintained by the Great Lakes St. Lawrence Seaway
Development Corporation, $38,080,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238): Provided, That of the amounts
made available under this heading, not less than $15,950,000 shall be
for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet as authorized under chapter 531 of title 46, United States Code,
to serve the national security needs of the United States, $390,000,000,
to remain available until expended: Provided, That of the unobligated
balances remaining from fiscal year 2021, 2022, 2023, 2024, and 2025
appropriations made available under this heading, $38,400,000 are hereby
permanently rescinded.
cable security fleet
(including rescission)
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended: Provided, That of the unobligated balances remaining
from fiscal year 2021 and 2022 appropriations made available under this
heading, $12,392,000 are hereby permanently rescinded.
tanker security program
(including rescission)
For Tanker Security Fleet payments, as authorized under section
53406 of title 46, United States Code, $81,600,000, to remain available
until expended: Provided, That of the unobligated balances remaining
from fiscal year 2022, 2023, and 2024 appropriations
[[Page 140 STAT. 373]]
made available under this heading, $42,808,000 are hereby permanently
rescinded.
operations and training
For necessary expenses of operations and training activities
authorized by law, $275,791,000: Provided, That of the sums appropriated
under this heading--
(1) $101,500,000 shall remain available until September 30,
2027, for the operations of the United States Merchant Marine
Academy;
(2) $50,000,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $50,000,000 shall remain available until expended for
the capital improvement program at the United States Merchant
Marine Academy;
(4) $2,000,000 shall remain available until September 30,
2027, for the maritime environmental and technical assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $5,000,000 shall remain available until expended, for
the United States marine highway program to make grants for the
purposes authorized under section 55601 of title 46, United
States Code:
Provided further, <<NOTE: Reports. Sexual assault and harassment.>>
That the Administrator of the Maritime Administration shall transmit to
the House and Senate Committees on Appropriations the annual report on
sexual assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the National
Defense Authorization Act for fiscal year 2017 (46 U.S.C. 51318):
Provided further, That the Administrator of the Maritime Administration
shall transmit to the House and Senate Committees on Appropriations an
annual capital improvement program plan not later than 30 days after the
submission of the budget request: Provided further, That available
balances under this heading for the short sea transportation program or
America's marine highway program (now known as the United States marine
highway program) from prior year recoveries shall be available to carry
out activities authorized under section 55601 of title 46, United States
Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $138,900,000: Provided, That of
the sums appropriated under this heading--
(1) $7,800,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at the
State Maritime Academies;
(2) $110,000,000 shall remain available until expended for
the national security multi-mission vessel program, of which--
(A) <<NOTE: Determination.>> not less than
$55,000,000 shall be for necessary expenses to design,
plan, construct infrastructure, and purchase equipment
necessary to berth such ships, as determined by the
Secretary: Provided, <<NOTE: Reimbursement.>> That such
funds may be used to reimburse State Maritime Academies
for costs incurred prior to the date of enactment of
this Act; and
[[Page 140 STAT. 374]]
(B) up to $55,000,000 shall be for expenses related
to the operation, integration, oversight, and management
of national security multi-mission vessel school ships,
including insurance, maintenance, repair, and equipment
costs;
(3) $4,800,000 shall remain available until September 30,
2030, for the student incentive program;
(4) $9,300,000 shall remain available until expended for
training ship fuel assistance; and
(5) $7,000,000 shall remain available until September 30,
2027, for direct payments for State Maritime Academies:
Provided, That each institution eligible for such payments
receives no more than $1,000,000.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $35,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,940,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, and section 3501(b) of
the National Defense Authorization Act for fiscal year 2026 (Public Law
119-60), $103,330,000, to remain available until expended: Provided,
That of the sums appropriated under this heading in this Act--
(1) $38,628,000 shall be for projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided, That for
grants awarded under this paragraph in this Act, the minimum
grant size shall be $1,000,000; and
(2) $64,702,000 shall be for the purposes, and in the
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided, That amounts made available in this paragraph for such
purposes shall not diminish or prejudice any applicant or
geographic region for other discretionary grant or loan awards
made by the Department of Transportation.
[[Page 140 STAT. 375]]
administrative provisions--maritime administration
(including rescission)
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Sec. 171. Of the unobligated balances from prior year appropriations
available under the heading ``Maritime Administration--Maritime
Guaranteed Loan (Title XI) Program Account'', $34,000,000 are hereby
rescinded.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $28,647,000, of which $4,500,000 shall
remain available until September 30, 2028: Provided, That not less than
$2,000,000 of the amounts made available under this heading shall be for
pipeline safety information grants to communities as authorized under
section 60130 of title 49, United States Code: Provided
further, <<NOTE: Notice. Deadline.>> That the Secretary shall issue a
notice of funding opportunity for such funds not later than 120 days
after enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$66,050,000, of which $8,570,000 shall remain available until September
30, 2028, of which $1,000,000 shall be made available for carrying out
section 5107(i) of title 49, United States Code: Provided, That up to
$800,000 in fees collected under section 5108(g) of title 49, United
States Code, shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
[[Page 140 STAT. 376]]
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution Act
of 1990 (Public Law 101-380), $214,807,000, to remain available until
September 30, 2028, of which $30,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $177,407,000 shall be derived from
the Pipeline Safety Fund; of which $200,000 shall be derived from the
fees collected under section 60303 of title 49, United States Code, and
deposited in the Liquefied Natural Gas Siting Account for compliance
reviews of liquefied natural gas facilities; of which $200,000 shall be
derived from the fees collected under section 60117, of title 49, United
States Code, and deposited in the Pipeline Safety Design Review Account
for facility design safety reviews; and of which $7,000,000 shall be
derived from fees collected under section 60302 of title 49, United
States Code, and deposited in the Underground Natural Gas Storage
Facility Safety Account for the purpose of carrying out section 60141 of
title 49, United States Code: Provided, That not less than $1,058,000 of
the amounts made available under this heading shall be for the one-call
state grant program: Provided further, <<NOTE: Notifications. Time
period.>> That any amounts made available under this heading in this
Act or in prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements (OTAs) shall
require written notification to the House and Senate Committees on
Appropriations not less than 3 full business days before such research
contracts, grants, cooperative agreements, or research OTAs are
announced by the Department of Transportation: Provided
further, <<NOTE: Reports.>> That the Secretary shall transmit to the
House and Senate Committees on Appropriations the report on pipeline
safety testing enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing Safety Act of
2020 (division R of Public Law 116-260): Provided further,
That <<NOTE: Research plan. Approvals.>> the Secretary may obligate
amounts made available under this heading to engineer, erect, alter, and
repair buildings or make any other public improvements for research
facilities at the Transportation Technology Center after the Secretary
submits an updated research plan and the report in the preceding proviso
to the House and Senate Committees on Appropriations and after such plan
and report in the preceding proviso are approved by the House and Senate
Committees on Appropriations: Provided further, That of the amounts made
available under this heading, not less than $5,000,000 is for the
National Center of Excellence for Liquefied Natural Gas Safety
authorized under section 111 of the Protecting Our Infrastructure of
Pipelines and Enhancing Safety Act of 2020 (PIPES) Act.
[[Page 140 STAT. 377]]
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $46,825,000 shall remain available until
September 30, 2028, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States Code:
Provided, That notwithstanding section 5116(h)(4) of title 49, United
States Code, not more than 4 percent of the amounts made available from
this account shall be available to pay the administrative costs of
carrying out sections 5116, 5107(e), and 5108(g)(2) of title 49, United
States Code: Provided further, That notwithstanding subsections (b) and
(c) of section 5128 of title 49, United States Code, and the limitation
on obligations provided under this heading, prior year recoveries
recognized in the current year shall be available to develop and deliver
hazardous materials emergency response training for emergency
responders, including response activities for the transportation of
crude oil, ethanol, flammable liquids, and other hazardous commodities
by rail, consistent with National Fire Protection Association standards,
and to make such training available through an electronic format:
Provided further, That the prior year recoveries made available under
this heading shall also be available to carry out sections
5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title 49,
United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$113,000,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That none of the
funds made available by this Act or any other Act shall be used to
impede or prevent the Inspector General (or Acting Inspector General) of
the Department of Transportation from exercising the independent
authority over all personnel decisions, as authorized under section 406
of title 5, United States Code.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business;
and uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code.
[[Page 140 STAT. 378]]
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of Transportation or
an operating administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect when
the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by section
3109 of title 5, United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for an Executive Level
IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3) of
title 18, United States Code) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined in section
2725(1) of title 18, United States Code, except as provided in section
2721 of title 18, United States Code, for a use permitted under section
2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
amounts made available by this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec.
185. <<NOTE: Loans. Contracts. Grants. Notifications. Deadline.>> None
of the funds made available by this Act or in title VIII of division J
of Public Law 117-58 to the Department of Transportation may be used to
make, withdraw, terminate, or rescind (except at the request of the
recipient) a loan, loan guarantee, line of credit, letter of intent,
federally funded cooperative agreement, full funding grant agreement, or
discretionary grant unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment, loan
guarantee commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is announced or
is notified of such changes by the Department or its operating
administrations: Provided, <<NOTE: List.>> That the Secretary of
Transportation shall provide the House and Senate Committees on
Appropriations with a comprehensive list of all such loans,
[[Page 140 STAT. 379]]
loan guarantees, lines of credit, letters of intent, federally funded
cooperative agreements, full funding grant agreements, and discretionary
grants prior to the notification required under the preceding proviso:
Provided further, That the Secretary gives concurrent notification to
the House and Senate Committees on Appropriations for any ``quick
release'' of funds from the emergency relief program: Provided further,
That no notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to organizational units
of the Department of Transportation using fair and equitable criteria
and such funds shall be available until expended.
Sec. 187. <<NOTE: Reprogramming notice. Approvals.>> Notwithstanding
any other provision of law, if any funds provided by or limited by this
Act are subject to a reprogramming action that requires notice to be
provided to the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided solely to
the House and Senate Committees on Appropriations, and such
reprogramming action shall be approved or denied solely by the House and
Senate Committees on Appropriations: Provided, <<NOTE: Time
period.>> That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to carry out
a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. <<NOTE: Contracts. Certification.>> The Department of
Transportation may use funds provided by this Act, or any other Act, to
assist a contract under title 49 or 23 of the United States Code
utilizing geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation, policy or
other measure that forbids a recipient of a Federal Highway
Administration or Federal Transit Administration grant from imposing
such hiring preference on a contract or construction project with which
the Department of Transportation is assisting, only if the grant
recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
[[Page 140 STAT. 380]]
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
statewide transportation improvement program or transportation
improvement program.
Sec. 191. <<NOTE: Contracts. Updates.>> The Secretary of
Transportation shall coordinate with the Secretaries of Homeland
Security and Commerce to ensure that best practices for Industrial
Control Systems Procurement are up-to-date and are considered for all
systems procured with funds provided under this title.
Sec. 192. <<NOTE: Drones.>> None of the funds made available in this
Act may be used in contravention of the American Security Drone Act of
2023 (subtitle B of title XVIII of division A of Public Law 118-31).
Sec. 193. <<NOTE: Mask mandate.>> None of the funds appropriated or
made available by this title for the Department of Transportation for
fiscal year 2026 may be used to enforce a mask mandate in response to
the COVID-19 virus.
Sec. 194. <<NOTE: Notice.>> The Secretary shall issue a new notice
of funding opportunity for six new university transportation centers, as
authorized under section 5505 of title 49, United States Code: Provided,
That in selecting such university transportation center awards, the
Secretary shall first prioritize (a) any applicants that had previously
been selected as a university transportation center focusing on
transportation infrastructure durability and composite materials and
were required to re-compete before the end of the typical 5-year term
and who currently participate in the Department of Transportation's
Advanced Research Projects Agency--Infrastructure program and (b) any
applicant that had their university transportation center designation
cancelled in May 2025 by the Department of Transportation and such
university transportation center designation remains cancelled on the
date of enactment of this Act: Provided further, That such university
transportation center awards shall be made available using any
unobligated amounts remaining from the university transportation centers
program, which have not been committed to any existing university
transportation center grantees: Provided further, That any such
unobligated amounts shall include funds made available in section
11101(c)(1)(E) of the Infrastructure Investment and Jobs Act (Public Law
117-58) and funds made available under the heading ``Federal Highway
Administration--Highway Infrastructure Programs'' in title VIII of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58): <<NOTE: Continuation.>> Provided further, That amounts
repurposed or transferred pursuant to this section shall continue to be
treated as amounts specified in section 103(b) of division A of Public
Law 118-5.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2026''.
[[Page 140 STAT. 381]]
TITLE <<NOTE: Department of Housing and Urban Development Appropriations
Act, 2026.>> II
Department of Housing and Urban Development
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith, $17,500,000, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading not
less than $2,500,000 shall be for the Office of the Deputy Secretary, of
which not less than $500,000 shall be for the Office of Gender-Based
Violence Prevention and not less than $1,500,000 shall be for the Office
of Disaster Management: Provided further, That not to exceed $25,000 of
the amount made available under this heading shall be available to the
Secretary of Housing and Urban Development (referred to in this title as
``the Secretary'') for official reception and representation expenses as
the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $595,000,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading--
(1) $103,200,000 shall be available for the Office of the
Chief Financial Officer;
(2) $93,000,000 shall be available for the Office of the
General Counsel;
(3) $218,000,000 shall be available for the Office of
Administration;
(4) $53,000,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $29,500,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $40,000,000 shall be available for the Office of Field
Policy and Management;
(7) $3,300,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $55,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of the
Department, not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; hire of passenger motor vehicles; and services as
authorized by section 3109 of title 5, United States Code: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that directly support program activities funded
in this title: Provided further, That none of the funds made available
by this or any prior Act may be used in contravention of section 3535(p)
of title 42, United States Code.
[[Page 140 STAT. 382]]
program offices
For necessary salaries and expenses for Program Offices,
$842,500,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
(1) $233,000,000 shall be available for the Office of Public
and Indian Housing;
(2) $129,000,000 shall be available for the Office of
Community Planning and Development;
(3) $380,000,000 shall be available for the Office of
Housing;
(4) $31,500,000 shall be available for the Office of Policy
Development and Research;
(5) $60,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
information <<NOTE: Deadline. Time Period. Briefing.>> technology fund
For Department-wide and program-specific information technology
systems and infrastructure, $345,000,000, to remain available until
September 30, 2028: Provided, That not later than 30 days after the end
of each quarter, the Secretary shall brief the House and Senate
Committees on Appropriations on all information technology modernization
efforts as required in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and Urban
Development (referred to in this paragraph as the ``Fund''), pursuant,
in part, to section 7(f) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(f)), amounts transferred, including
reimbursements pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by offices and
agencies of the Department, and for any such portion of any office or
agency's printing, records management, space renovation, furniture, or
supply services the Secretary has determined shall be provided through
the Fund, and the operational expenses of the Fund: Provided, That
amounts within the Fund shall not be available to provide services not
specifically authorized under this heading: <<NOTE: Determination.>>
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall be
transferred to the Fund, to remain available until expended: Provided
further, That the <<NOTE: Advance notice.>> Secretary shall notify the
House and Senate Committees on Appropriations of its plans for executing
such transfers at least 15 days in advance of such transfers.
[[Page 140 STAT. 383]]
Public and Indian Housing
tenant-based rental <<NOTE: Vouchers.>> assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this heading ``the Act''),
not otherwise provided for, $34,438,557,000, to remain available until
expended, which shall be available on October 1, 2025 (in addition to
the $4,000,000,000 previously appropriated under this heading that shall
be available on October 1, 2025), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2026:
Provided, That of the sums appropriated under this heading--
(1) $34,957,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, <<NOTE: Notice. Federal Register,
publication.>> That notwithstanding any other provision of law,
from amounts provided under this paragraph and any carryover,
the Secretary for the calendar year 2026 funding cycle shall
provide renewal funding for each public housing agency based on
validated voucher management system (VMS) or successor system
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary, by
notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and choice neighborhoods vouchers: Provided further,
That none of the funds provided under this paragraph may be used
to fund a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the moving to work (MTW) demonstration, which are instead
governed in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, or as
necessary on a temporary basis and within available resources to
facilitate the transition of residents assisted by emergency
housing vouchers (Public Law 117-2; 135 Stat. 58) to tenant-
based rental assistance under the housing assistance payment
contract under section 8(o) of the Act: Provided further, That
any leasing or associated costs authorized for emergency housing
vouchers in the preceding proviso above the public housing
agency's authorized level of units under contract shall not be
included in the calculation of the agency's renewal funding
allocation for any subsequent fiscal year: Provided further,
That the Secretary shall, to the extent necessary to stay within
the amount specified under this paragraph (except as otherwise
modified under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further,
That <<NOTE: Notification. Deadline.>> except as provided in the
following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify
[[Page 140 STAT. 384]]
public housing agencies of their annual budget by the latter of
60 days after enactment of this Act or March 1, 2026: Provided
further, That <<NOTE: Extension. Notification. Time
period.>> the Secretary may extend the notification period only
after the House and Senate Committees on Appropriations are
notified at least 10 business days in advance of the deadline:
Provided further, That public housing agencies participating in
the MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further, That
the <<NOTE: Determination.>> Secretary may perform a statutory
offset of public housing agencies' calendar year 2026
allocations based on the excess amounts of public housing
agencies' net restricted assets accounts, including HUD-held
programmatic reserves (in accordance with VMS or successor
system data in calendar year 2025 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the statutory offset:
Provided further, That for amounts subject to the single fund
budget authority provisions of their MTW agreements, excess
amounts shall be offset only to the extent permitted by section
239 of the Consolidated Appropriations Act, 2016 (Public Law
114-113): Provided further, That <<NOTE: Time periods.>> for
public housing agencies in the MTW demonstration subject to
single fund budget authority provisions, the Secretary shall
provide not less than 60 days to appeal such offsets and shall
not offset amounts that have been committed to capital
improvement, development, and other repositioning activities
that are scheduled to close within 12 months of enactment of
this Act, as evidenced in funding applications, project
schedules, or other commitments to third parties implementing
such activities, to the extent that reserve amounts excluded
from offset under such section 239 are insufficient to cover
such commitments: Provided further,
That <<NOTE: Determination.>> the Secretary shall not offset any
portion of a public housing agency's excess amounts if
offsetting such portion would result in a public housing agency
being put in a shortfall position in calendar year 2026, as
estimated by HUD prior to the offset's implementation, as
determined by the Secretary: Provided further, That
the <<NOTE: Determination.>> Secretary shall use any such offset
amounts referred to in the preceding five provisos throughout
the calendar year to prevent the termination of rental
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: <<NOTE: Waiver
authority.>> Provided further, That the Secretary may waive or
specify alternative requirements for section 5A and section 8(o)
of the Act or any regulation applicable to such statutes related
to the administration of waiting lists, local preferences,
portability, and public housing agency plan and public hearing
requirements to facilitate or expedite the transition of
residents assisted by emergency housing vouchers (Public Law
117-2; 135 Stat. 58) to tenant-based rental assistance under the
housing assistance payment contract under section 8(o) of the
Act: Provided further, That up to $400,000,000 shall be
available only:
(A) <<NOTE: Determination.>> for adjustments in the
allocations for public housing agencies, after
application for an adjustment by a public
[[Page 140 STAT. 385]]
housing agency that experienced a significant increase,
as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act;
(B) <<NOTE: Time period.>> for vouchers that were
not in use during the previous 12-month period in order
to be available to meet a commitment pursuant to section
8(o)(13) of the Act, or an adjustment for a funding
obligation not yet expended in the previous calendar
year for a MTW-eligible activity to develop affordable
housing for an agency added to the MTW demonstration
under the expansion authority provided in section 239 of
the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of
Public Law 114-113);
(C) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH) vouchers;
(D) <<NOTE: Determination.>> for public housing
agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would
otherwise be required to terminate rental assistance for
families as a result of insufficient funding;
(E) for adjustments in the allocations for public
housing agencies that--
(i) are leasing a lower-than-average
percentage of their authorized vouchers,
(ii) have low amounts of budget authority in
their net restricted assets accounts and HUD-held
programmatic reserves, relative to other agencies,
and
(iii) are not participating in the MTW
demonstration, to enable such agencies to lease
more vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous
calendar year that were subsequently paid by the public
housing agency after the agency's actual costs were
validated;
(G) for public housing agencies that have
experienced increased costs or loss of units in an area
for which the President declared a disaster under title
IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.); and
(H) for costs associated with mainstream vouchers:
Provided further, That <<NOTE: Allocation. Determination.>> the
Secretary shall allocate amounts under the preceding proviso
based on need, as determined by the Secretary;
(2) $600,622,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section 8,
relocation of witnesses (including victims of violent crimes) in
connection with efforts to combat crime in public and assisted
housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act,
choice neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project-based
assistance to prevent the displacement of unassisted elderly
tenants currently residing in section 202 properties financed
between 1959
[[Page 140 STAT. 386]]
and 1974 that are refinanced pursuant to Public Law 106-569, as
amended, or under the authority as provided under this Act:
Provided, That when a public housing development is submitted
for demolition or disposition under section 18 of the Act, the
Secretary may provide section 8 rental assistance when the units
pose an imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph for
units assisted under a project-based subsidy contract funded
under the ``Project-Based Rental Assistance'' heading under this
title where the owner has received a Notice of Default and the
units pose an imminent health and safety risk to residents:
Provided further, That of the amounts made available under this
paragraph, no less than $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the Act: Provided further,
That <<NOTE: Notice.>> any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to
issue any such voucher shall cease to exist: Provided further,
That the <<NOTE: Time period.>> Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That amounts made available under this paragraph may be
available to provide calendar year 2026 assistance to public
housing agencies that would otherwise be required to terminate
emergency housing vouchers (Public Law 117-2; 135 Stat. 58) for
families as a result of insufficient funding;
(3) $2,835,935,000 shall be available for administrative and
other expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, HUD-VASH vouchers, and other special
purpose incremental vouchers: Provided, That no less than
$2,805,935,000 of the amount provided in this paragraph shall be
allocated to public housing agencies for the calendar year 2026
funding cycle based on section 8(q) of the Act (and related
appropriations Act provisions) as in effect immediately
[[Page 140 STAT. 387]]
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this paragraph
are insufficient to pay the amounts determined under the
preceding proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the preceding proviso, utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated under this heading from prior fiscal years,
excluding special purpose vouchers, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That
all public housing agencies participating in the MTW
demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same uniform
percentage decrease as under the preceding proviso: Provided
further, That amounts provided under this paragraph shall be
only for activities related to the provision of tenant-based
rental assistance authorized under section 8, including related
development activities;
(4) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding available,
notwithstanding section 203 (competition provision) of this
title, to public housing agencies that partner with eligible VA
medical centers or other entities as designated by the Secretary
of the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, <<NOTE: Waiver authority.>> That the Secretary
of Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the Secretary
of the Department of Veterans Affairs), any provision of any
statute or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds made
available under this paragraph (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further, That
assistance <<NOTE: Continuation. Veterans.>> made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over: Provided further,
That <<NOTE: Determination.>> of the total amount made available
under this paragraph, up to $10,000,000 may be for additional
fees established by and allocated pursuant to a method
determined by the Secretary for administrative and other
expenses (including those eligible activities defined by notice
to facilitate leasing, such as security deposit assistance and
costs related
[[Page 140 STAT. 388]]
to the retention and support of participating owners) of public
housing agencies in administering HUD-VASH vouchers;
(5) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of the Act:
Provided, That the amounts <<NOTE: Continuations.>> made
available under this paragraph are provided as follows:
(A) $5,000,000 shall be available for new
incremental voucher assistance, which shall continue to
remain available for family unification upon turnover;
and
(B) $25,000,000 shall be available for new
incremental voucher assistance to assist eligible youth
as defined by such section 8(x)(2)(B) of the Act, which
shall continue to remain available for such eligible
youth upon turnover: Provided, That such amounts shall
be available on a noncompetitive basis to public housing
agencies that partner with public child welfare agencies
to identify such eligible youth, that request such
assistance to timely assist such eligible youth, and
that meet any other criteria as specified by the
Secretary: Provided further, <<NOTE: Review.>> That the
Secretary shall review utilization of such assistance
and assistance originating from appropriations made
available for youth under this heading in any prior Act
that the Secretary made available on a noncompetitive
basis, at an interval to be determined by the Secretary,
and unutilized voucher assistance that is no longer
needed based on such review shall be recaptured by the
Secretary and reallocated pursuant to the preceding
proviso:
Provided further,
That <<NOTE: Determination. Notification. Reallocation.>> any
public housing agency administering new incremental voucher
assistance originating from appropriations made available for
the family unification program under this heading in this or any
prior Act that the Secretary made available on a competitive
basis that determines it no longer has an identified need for
such assistance upon turnover shall notify the Secretary, and
the Secretary shall recapture such assistance from the agency
and reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable; and
(6) <<NOTE: Updates. Public information. Web posting.>> the
Secretary shall separately track all special purpose vouchers
funded under this heading and continue to provide timely updates
on budget, utilization, spending and leasing trends for all
vouchers by purpose on the voucher data dashboard on the
publicly accessible website of the Department: Provided, That
upon turnover, special purpose vouchers issued pursuant to
section 811 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013) funded under this or any other heading in
this or prior Acts, shall be provided to non-elderly persons
with disabilities.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based
[[Page 140 STAT. 389]]
Rental Assistance'', for fiscal year 2026 and prior years may be used
for renewal of or amendments to section 8 project-based contracts and
for performance-based contract administrators, notwithstanding the
purposes for which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year 1974 and prior
fiscal years that have been terminated shall be rescinded: Provided
further, That amounts heretofore recaptured, or recaptured during the
current fiscal year, from section 8 project-based contracts from source
years fiscal year 1975 through fiscal year 1987 are hereby rescinded,
and an amount of additional new budget authority, equivalent to the
amount rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in addition to
amounts otherwise available.
public housing fund
For 2026 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,319,393,000, to remain available until September 30, 2029:
Provided, That of the sums appropriated under this heading--
(1) $4,687,393,000 shall be available for the Secretary to
allocate pursuant to the operating fund formula at part 990 of
title 24, Code of Federal Regulations, for 2026 payments;
(2) <<NOTE: Determination.>> $337,000,000 shall be available
for the Secretary to allocate pursuant to a need-based
application process, notwithstanding section 203 of this title,
not subject to such operating fund formula, and without regard
to unit count, to public housing agencies that experience, or
are at risk of, financial shortfalls, as determined by
the <<NOTE: Notification. Deadline.>> Secretary: Provided, That
the Secretary shall notify public housing agencies of their
estimated shortfall eligibility no later than 60 days of the
enactment of this Act;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the capital fund formula at section 905.400
of title 24, Code of Federal Regulations: Provided, That for
funds described under this paragraph, the limitation in section
9(g)(1) of the Act shall be 25 percent: <<NOTE: Waiver
authority.>> Provided further, That the Secretary may waive the
limitation in the preceding proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C)
of the Act: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary
shall notify public housing agencies requesting waivers under
the preceding proviso if the request is approved or denied
within 14 days of submitting the request: Provided further,
That <<NOTE: Bonus awards.>> from the funds made available under
this paragraph, the Secretary shall provide bonus awards in
fiscal year 2026 to public housing agencies that are designated
high performers: Provided
further, <<NOTE: Notification. Deadline.>> That the Department
shall notify public housing agencies of their formula allocation
within 60 days of enactment of this Act;
(4) $30,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this title, to public
housing agencies for emergency capital needs, including safety
[[Page 140 STAT. 390]]
and security measures necessary to address crime and drug-
related activity, as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters under
the Robert T. Stafford Disaster Relief and Emergency Act (42
U.S.C. 5121 et seq.) occurring in fiscal year 2026: Provided,
That of the amount made available under this paragraph, not less
than $10,000,000 shall be for safety and security measures:
Provided further, That <<NOTE: Effective date. Allocation.>> in
addition to the amount in the preceding proviso for such safety
and security measures, any amounts that remain available, after
all applications received on or before September 30, 2027, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) $50,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint (by
carrying out the activities of risk assessments, abatement, and
interim controls, as those terms are defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851b)), carbon monoxide, mold, radon, and fire
safety: Provided, That not less than $25,000,000 of the amounts
provided under this paragraph shall be awarded for evaluating
and reducing lead-based paint hazards, except that if such
amount is undersubscribed any remaining amounts may be awarded
to qualified applicants for other purposes under this paragraph:
Provided further, That for purposes of environmental review, a
grant under this paragraph shall be considered funds for
projects or activities under title I of the Act for purposes of
section 26 of the Act (42 U.S.C. 1437x) and shall be subject to
the regulations implementing such section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to public housing agencies in receivership, designated
troubled or substandard, or otherwise at risk, as determined by
the Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2026, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section: Provided
further, That <<NOTE: Definition.>> for purposes of such section 9(j),
the term ``obligate'' means, with respect to amounts, that the amounts
are subject to a binding agreement that will result in outlays,
immediately or in the future: Provided further, That the Secretary may
authorize a public housing agency with at least one property with a low
physical inspection score to use operating reserve funds or any amounts
allocated to such agency pursuant to the operating fund formula from
amounts made available in this and prior Acts for any eligible
activities under section 9(d)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d)(1)) under such conditions or criteria as
established by
[[Page 140 STAT. 391]]
the Secretary, including that such use would not put such agency at risk
of financial shortfall.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs, including
travel, training, and program support contracts, $50,000,000 to remain
available until September 30, 2028: Provided, That unobligated balances,
including recaptures and carryover, remaining from funds appropriated
under the heading ``Public Housing Fund'' in prior Acts to support
ongoing public housing financial and physical assessment activities
shall be available for the purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
choice neighborhoods initiative
For competitive grants under the choice neighborhoods initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) (the ``Act'') unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement housing
needs of both public and HUD-assisted housing and to transform
neighborhoods of poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public assets,
transportation, and access to jobs, $25,000,000, to remain available
until September 30, 2030: Provided, That grant funds may be used for
resident and community services, community development, and affordable
housing needs in the community, and for conversion of vacant or
foreclosed properties to affordable housing: Provided further, That the
use of amounts made available under this heading shall not be deemed to
be for public housing, notwithstanding section
3(b)(1) <<NOTE: Determination. Time period.>> of the Act: Provided
further, That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20 years:
Provided further, That grantees shall provide a match in State, local,
other Federal, or private funds: Provided further, That grantees may
include local governments, Tribal entities, public housing agencies, and
nonprofit organizations: Provided further, That for-profit developers
may apply jointly with a public entity: <<NOTE: Regulations.>> Provided
further, That for purposes of environmental review, a grantee shall be
treated as a public housing agency under section 26 of the Act (42
U.S.C. 1437x), and grants made with amounts available under this heading
shall be subject to the regulations issued by the Secretary to implement
such section: Provided further, That of the amounts made available under
this heading, not less than $12,500,000 shall be awarded to public
housing agencies: Provided further, That such grantees shall create
partnerships with other local organizations, including assisted housing
owners, service agencies, and resident organizations: Provided
further, <<NOTE: Consultation.>> That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That not
more than $10,000,000 of the amounts made available under this heading
may be provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That none of
the funds made available under this heading may be obligated for main
street
[[Page 140 STAT. 392]]
housing grants under section 24(n) of the Act (42 U.S.C. 1437v(n)):
Provided further, That unobligated balances, including recaptures,
remaining from amounts made available under the heading ``Revitalization
of Severely Distressed Public Housing (HOPE VI)'' in fiscal year 2011
and prior fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were appropriated:
Provided further, <<NOTE: Grant. Deadline. Determination.>> That the
Secretary shall make grant awards not later than 1 year after the date
of enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the Act (42
U.S.C. 1437v(o)), the Secretary may, until September 30, 2026, obligate
any available unobligated balances made available under this heading in
this or any prior Act.
self-sufficiency programs
For activities and assistance related to self-sufficiency programs,
to remain available until September 30, 2029, $206,400,000: Provided,
That of the sums appropriated under this heading--
(1) $156,400,000 shall be available for the family self-
sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing Act
of 1937 (42 U.S.C. 1437u), to promote the development of local
strategies to coordinate the use of assistance under sections 8
and 9 of such Act with public and private resources, and enable
eligible families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may use recaptured
amounts made available under this paragraph in prior Acts to
provide bonus awards to programs that are assigned a ranking of
performance category 1 based on their publicly available family
self-sufficiency achievement metrics (FAM) scores;
(2) $40,000,000 shall be available for the resident
opportunity and self-sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4101 et seq.): Provided, That amounts made available under this
paragraph may be used to renew resident opportunity and self-
sufficiency program grants to allow the public housing agency,
or a new owner, to continue to serve (or restart service to)
residents of a project with assistance converted from public
housing to project-based rental assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) or
assistance under section 8(o)(13) of such Act under the heading
``Rental Assistance Demonstration'' in the Department of Housing
and Urban Development Appropriations Act, 2012 (Public Law 112-
55), as amended (42 U.S.C. 1437f note); and
(3) $10,000,000 shall be available for a jobs-plus
initiative, modeled after the jobs-
plus <<NOTE: Grants.>> demonstration: Provided, That funding
provided under this paragraph shall be available for competitive
grants to partnerships between public housing agencies, local
workforce investment boards established under section 107 of the
Workforce Innovation and Opportunity Act of 2014 (29 U.S.C.
3122), and other agencies and organizations that provide support
to help public housing residents obtain
[[Page 140 STAT. 393]]
employment and increase earnings: Provided further, That
applicants must demonstrate the ability to provide services to
residents, partner with workforce investment boards, and
leverage service dollars: <<NOTE: Waivers. Approval.>> Provided
further, That the Secretary may allow public housing agencies to
request exemptions from rent and income limitation requirements
under sections 3 and 6 of the United States Housing Act of 1937
(42 U.S.C. 1437a, 1437d), as necessary to implement the jobs-
plus program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
implementation of the jobs-plus initiative as a voluntary
program for residents: Provided further, <<NOTE: Notice. Federal
Register, publication. Deadline.>> That the Secretary shall
publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no
later than 10 days before the effective date of such notice.
native american programs
For activities and assistance authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996 (in this
heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with
respect to Indian tribes, and for related activities and assistance,
$1,354,000,000, to remain available until September 30, 2030: Provided,
That of the sums appropriated under this heading--
(1) $1,111,000,000 shall be available for the Native
American housing block grants program, as authorized under title
I of NAHASDA:
Provided, <<NOTE: Determination. Applicability.>> That,
notwithstanding NAHASDA, to determine the amount of the
allocation under title I of such Act for each Indian tribe, the
Secretary shall apply the formula under section 302 of such Act
with the need component based on single-race census data and
with the need component based on multi-race census data, and the
amount of the allocation for each Indian tribe shall be the
greater of the two resulting allocation
amounts: <<NOTE: Notification. Deadline.>> Provided further,
That the Secretary shall notify grantees of their formula
allocation not later than 60 days after the date of enactment of
this Act;
(2) $125,000,000 shall be available for competitive grants
under the Native American housing block grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding amounts made available
in this paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation of housing:
Provided further, That any amounts transferred for the necessary
costs of administering and overseeing the obligation and
expenditure of such additional amounts in prior Acts may also be
used for the necessary costs of administering and overseeing
such additional amount;
(3) $10,000,000 shall be available for noncompetitive grants
to recipients that received a Tribal HUD-Veterans Affairs
Supportive Housing grant in prior years, to be available under
[[Page 140 STAT. 394]]
the same terms and conditions as funds specified under paragraph
(5) under the heading ``Public and Indian Housing-Tenant-Based
Rental Assistance'' in Public Law 118-42: Provided, That
the <<NOTE: Reallocation. Determination.>> Secretary may
reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under the Tribal HUD-VASH program under
prior Acts to existing recipients under the Tribal HUD-VASH
program;
(4) $1,000,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the cost of
modifying such notes and other obligations, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a): Provided further, That amounts made available in this and
prior Acts for the cost of such guaranteed notes and other
obligations that are unobligated, including recaptures and
carryover, may be available to subsidize the total principal
amount of any notes and other obligations, any part of which is
to be guaranteed, not to exceed $60,000,000, to remain available
until September 30, 2027;
(5) $100,000,000 shall be available for grants to Indian
tribes for carrying out the Indian community development block
grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), not more than $10,000,000
may be used for emergencies that constitute imminent threats to
health and safety: Provided, That not to exceed 20 percent of
any grant made with amounts made available in this paragraph
shall be expended for planning and management development and
administration; and
(6) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, <<NOTE: Determination.>> That
amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary: Provided
further, <<NOTE: Contracts.>> That notwithstanding chapter 63 of
title 31, United States Code (commonly known as the Federal
Grant and Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of negotiated
rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section 302 of
NAHASDA (25 U.S.C. 4152), and the administration of performance
tracking and reporting under section 407 of NAHASDA (25 U.S.C.
4167).
[[Page 140 STAT. 395]]
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$1,000,000, to remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That an additional $400,000, to remain available until
expended, shall be available for administrative contract expenses
including management processes to carry out the loan guarantee program:
Provided further, That amounts made available in this and prior Acts for
the cost of guaranteed loans, as authorized by section 184 of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
that are unobligated, including recaptures and carryover, may be
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $1,800,000,000, to remain available until
September 30, 2027.
native hawaiian housing block grant
For the Native Hawaiian housing block grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2030: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law: Provided further, That up to
$1,000,000 of the amounts made available under this heading may be for
training and technical assistance related to amounts made available
under this heading and other headings in this Act for the needs of
Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
any part of which is to be guaranteed, shall not exceed $28,000,000 in
total loan principal, to remain available until September 30, 2027:
Provided, That the Secretary may enter into commitments to guarantee
loans used for refinancing.
Community Planning and Development
housing <<NOTE: Contracts.>> opportunities for persons with aids
For carrying out the housing opportunities for persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $529,000,000, to remain available until September 30,
2029: Provided, That the Secretary shall renew or replace all expiring
contracts for permanent supportive housing
[[Page 140 STAT. 396]]
that initially were funded under section 854(c)(5) of such Act from
funds made available under this heading in fiscal year 2010 and prior
fiscal years that meet all program requirements before awarding funds
for new contracts under such section: Provided further, That
the <<NOTE: Notice.>> process for submitting amendments and approving
replacement contracts shall be established by the Secretary in a notice:
Provided further, <<NOTE: Notification. Deadline.>> That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $6,995,244,120, to remain available until September 30,
2029: Provided, That of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided,
That <<NOTE: Grants.>> not to exceed 20 percent of any grant
made with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular area
that directly or indirectly receives funds under this paragraph
may not sell, trade, or otherwise transfer all or any portion of
such funds to another such entity in exchange for any other
funds, credits, or non-Federal considerations, but shall use
such funds for activities eligible under title I of the Act:
Provided further, <<NOTE: Evaluation.>> That notwithstanding
section 105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such project
has been evaluated and selected in accordance with guidelines
required under subsection (e)(2) of section 105;
(2) $50,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation,
including new housing construction: Provided, That eligible uses
of such grants include activities to further develop, evaluate,
and implement housing policy plans, improve housing strategies,
and facilitate affordable housing production and preservation:
Provided further, That the Secretary shall select applicants
that (A) have enacted or implemented (or caused another entity
to enact or implement) less restrictive zoning, land use, or
permitting laws and regulations, that are reasonably expected to
preserve or produce new housing units; and (B) can demonstrate
an acute need for housing affordable to households with incomes
below 100 percent of the area median
income: <<NOTE: Reports.>> Provided further, That grantees shall
report to the Secretary on their activities and housing supply
outcomes: <<NOTE: Analysis.>> Provided further, That the
Secretary shall analyze observable housing production,
preservation, and
[[Page 140 STAT. 397]]
cost trends in the participating jurisdictions or geographic
areas: Provided further, <<NOTE: Time period. Reports. Public
information. Summary.>> That the Secretary shall annually report
to the House and Senate Committees on Appropriations, and make
publicly available, a summary of the information collected in
the preceding two provisos: Provided further, That funds
allocated for such grants shall not adversely affect the amount
of any formula assistance received by a jurisdiction under
paragraph (1) of this <<NOTE: Waiver authority.>> heading:
Provided further, That in administering such amounts the
Secretary may waive or specify alternative requirements for any
provision of title I of the Act except for requirements related
to fair housing, nondiscrimination, labor standards, the
environment, and requirements that activities benefit persons of
low- and moderate-income, upon a finding that any such waivers
or alternative requirements are necessary to expedite or
facilitate the use of such
amounts: <<NOTE: Notice. Deadline.>> Provided further, That the
Secretary shall issue a notice of funding opportunity not later
than 120 days after the date of enactment of this Act;
(3) $30,000,000 shall be available for activities authorized
under section 8071 of the SUPPORT for Patients and Communities
Act (Public Law 115-271): Provided, That funds allocated
pursuant to this paragraph shall not adversely affect the amount
of any formula assistance received by a State under paragraph
(1) of this heading: <<NOTE: Allocation.>> Provided further,
That the Secretary shall allocate the funds for such activities
based on the notice establishing the funding formula published
in 84 FR 16027 (April 17, 2019) except that the formula shall
use age-adjusted rates of drug overdose deaths for 2023 based on
data from the Centers for Disease Control and Prevention; and
(4) $3,615,244,120 shall be available for grants for the
economic development initiative (EDI) for the purposes, and in
amounts, specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act):
Provided, That amounts made available under this paragraph for
such purposes shall not diminish or prejudice any application or
geographic region for other discretionary grant or loan awards
made by the Department of Housing and Urban Development:
Provided further, That eligible expenses of such grants in this
and prior Acts may include administrative, planning, operations
and maintenance, and other costs: Provided further,
That <<NOTE: Grants. Reimbursement.>> such grants for the EDI
shall be available for reimbursement of otherwise eligible
expenses incurred on or after the date of enactment of this Act
and prior to the date of grant execution: Provided further, That
none of the amounts made available under this paragraph for
grants for the EDI shall be used for reimbursement of expenses
incurred prior to the date of enactment of this Act:
Provided further, That <<NOTE: Notification. Deadline.>> for amounts
made available under paragraphs (1) and (3), the Secretary shall notify
grantees of their formula allocation within 60 days of enactment of this
Act.
[[Page 140 STAT. 398]]
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2026, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such <<NOTE: Fees.>> section 108: Provided, That the Secretary shall
collect fees from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for guaranteeing
such loans, and any such fees shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be used to
guarantee, or make commitments to guarantee, notes or other obligations
issued by any State on behalf of non-entitlement communities in the
State in accordance with the requirements of such
section <<NOTE: Distribution.>> 108: Provided further, That any State
receiving such a guarantee or commitment under the preceding proviso
shall distribute all funds subject to such guarantee to the units of
general local government in non-entitlement areas that received the
commitment.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,250,000,000, to remain available
until September 30, 2029: Provided, That the threshold reduction
requirements in sections 216(10) and 217(b)(4) of such Act (42 U.S.C.
12746(10), 12747(b)(4)) shall not apply to the amounts made available
under this heading: Provided further, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): <<NOTE: Notification. Deadline.>> Provided further,
That the Department shall notify grantees of their formula allocations
within 60 days after enactment of this Act: <<NOTE: Time
period.>> Provided further, That section 218(g) of such Act (42 U.S.C.
12748(g)) shall not apply with respect to the right of a jurisdiction to
draw funds from its HOME Investment Trust Fund that otherwise expired or
would expire in any calendar year from 2020 through 2028 under that
section: Provided further, That <<NOTE: Time period.>> section 231(b) of
such Act (42 U.S.C. 12771(b)) shall not apply to any uninvested funds
that otherwise were deducted or would be deducted from the line of
credit in the participating jurisdiction's HOME Investment Trust Fund in
any calendar year from 2020 through 2028 under that section.
self-help and assisted homeownership opportunity program
For the self-help and assisted homeownership opportunity program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996 (42 U.S.C. 12805 note), and for related activities and
assistance, $65,000,000, to remain available until September 30, 2028:
Provided, That of the sums appropriated under this heading--
[[Page 140 STAT. 399]]
(1) $12,000,000 shall be available for the self-help
homeownership opportunity program as authorized under such
section 11;
(2) $46,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section 4(a)
of the HUD Demonstration Act of 1993 (III Stat 201; 42 U.S.C.
9816 note), of which not less than $5,000,000 shall be for rural
capacity building activities; and
(3) $7,000,000 shall be available for capacity building by
national rural housing organizations having experience assessing
national rural conditions and providing financing, training,
technical assistance, information, and research to local
nonprofit organizations, local governments, and Indian tribes
serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities and
assistance, $4,417,000,000, to remain available until September 30,
2028: Provided, That of the sums appropriated under this heading--
(1) $290,000,000 shall be available for the emergency
solutions grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.):
Provided, <<NOTE: Notification. Deadline.>> That the Department
shall notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts
allocated) for the emergency solutions grant program not later
than 60 days after enactment of this Act;
(2) $4,010,000,000 shall be available for the continuum of
care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the rural housing stability assistance
programs authorized under subtitle D of such title IV (42 U.S.C.
11408): Provided, That the Secretary shall prioritize funding
under the continuum of care program to continuums of care that
have demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided
further, That the Secretary shall make reasonable adjustments to
renewal amounts to enable renewal projects to operate at
substantially the same levels, including cost-of-living
adjustments for supportive services from the prior grant:
Provided further, That in allocating and awarding amounts made
available under this paragraph, the Secretary shall select
projects totaling not less than 60 percent of the annual renewal
demand for each collaborative applicant based on rankings
determined by the local continuum of care and consistent with 42
U.S.C. 11381 et <<NOTE: Notice.>> seq.: Provided further, That
the Secretary may establish by notice an alternative maximum
amount for administrative costs related to the requirements
described in sections 402(f)(1) and 402(f)(2) of subtitle A of
such title IV of no more than 5 percent or $50,000, whichever is
greater, notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: <<NOTE: Determination.>> Provided
further, That of the amounts made available for the continuum of
care program under this paragraph, $52,000,000 shall be for
grants for new rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible
activities that the
[[Page 140 STAT. 400]]
Secretary determines to be critical in order to assist survivors
of domestic violence, dating violence, sexual assault, or
stalking, except that the Secretary may make additional grants
for such projects and purposes from amounts made available for
such continuum of care program: Provided further, That amounts
made available for the continuum of care program under this
paragraph and any remaining unobligated balances under this
heading in prior Acts may be used to competitively or non-
competitively renew or replace grants for youth homelessness
demonstration projects under the continuum of care program,
notwithstanding any conflict with the requirements of the
continuum of care program: Provided
further, <<NOTE: Determination. Notification.>> That any
continuum of care, in consultation with their youth action
board, that determines it no longer has an identified need for
funds to renew a youth homelessness demonstration project shall
notify the Secretary, and the Secretary shall recapture such
assistance from the continuum of care and competitively award it
to any other continuum of care with the amounts provided under
this heading under paragraph
(4): <<NOTE: Notice. Deadlines.>> Provided further, That the
Secretary shall issue the notice of funding opportunity for the
amounts made available in this paragraph not later than June 1,
2026 and shall award such amounts not later than December 1,
2026;
(3) $10,000,000 shall be available for the national homeless
data analysis project:
Provided, <<NOTE: Contracts. Determination.>> That
notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph and any remaining
unobligated balances under this heading for such purposes in
prior Acts may be used by the Secretary to enter into
cooperative agreements with such entities as may be determined
by the Secretary, including public and private organizations,
agencies, and institutions; and
(4) $107,000,000 shall be available to implement projects to
demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a priority
for communities with substantial rural populations in up to
eight locations, can dramatically reduce youth homelessness:
Provided, That of the amount made available under this
paragraph, up to $25,000,000 may be for youth homelessness
system improvement grants to support communities, including but
not limited to the communities assisted under the matter
preceding this proviso, in establishing and implementing an
evidence-based response system for youth homelessness, or for
improving their existing system, including through the
establishment of local youth advisory boards, collaboration with
youth with lived experience of homelessness in project design
and implementation, improving data collection, management,
utilization and evaluation, cross-system partnerships with
juvenile justice, child welfare, and education systems: Provided
further, That of the amount made available under this paragraph,
up to $10,000,000 shall be to provide technical assistance to
communities, including but not limited to the communities
assisted in the preceding proviso and the matter preceding such
proviso, on improving system responses to youth homelessness,
and collection, analysis, use, and
[[Page 140 STAT. 401]]
reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition to
and in coordination with other technical assistance funds
provided under this title: Provided further, That the Secretary
may use up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance
providers with verifiable prior experience with systems and
programs for youth experiencing homelessness:
Provided further, <<NOTE: Children, youth, and families.>> That youth
aged 24 and under seeking assistance under this heading shall not be
required to provide third party documentation to establish their
eligibility under subsection (a) or (b) of section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302) to receive services:
Provided further, That unaccompanied youth aged 24 and under or families
headed by youth aged 24 and under who are living in unsafe situations
may be served by youth-serving providers funded under this heading:
Provided further, That recipients of funds provided under this heading
in this Act or any prior Act may establish preferences for elderly
individuals or families (except for programs provided to serve homeless
youth), or disabled individuals or families as defined by section
401(10) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360(10)), when implementing the programs: Provided further, That
persons eligible under section 103(a)(5) of the McKinney-Vento Homeless
Assistance Act may be served by any project funded under this heading to
provide both transitional housing and rapid re-housing: Provided
further, That for all matching funds requirements applicable to funds
made available under this heading for this fiscal year and prior fiscal
years, a grantee may use (or could have used) as a source of match funds
other funds administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on any such
use of any such funds: <<NOTE: Determination. Evaluation.>> Provided
further, That none of the funds made available under this heading shall
be available to provide funding for new projects, except for projects
created through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of care's
system performance: <<NOTE: Time periods.>> Provided further, That any
unobligated amounts remaining from funds made available under this
heading in fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant terms may be
used for purposes under this heading, notwithstanding the purposes for
which such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019 or
prior years, except for rental assistance amounts that were recaptured
and made available until expended, shall be available for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated.
[[Page 140 STAT. 402]]
Housing Programs
project-based rental <<NOTE: Contracts.>> assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
$18,143,000,000, to remain available until expended, shall be available
on October 1, 2025 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2025),
and $400,000,000, to remain available until expended, shall be available
on October 1, 2026: Provided, That the amounts made available under this
heading shall be available for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of
section 8 contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing Preservation Act
of 1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded under
this heading: Provided further, That of the total amounts provided under
this heading, not to exceed $509,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That
the Secretary may also use such amounts in the preceding proviso for
performance-based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project
rental assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to section
8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts were
appropriated: <<NOTE: Determination. Remittance.>> Provided further,
That, notwithstanding any other provision of law, upon the request of
the Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based housing assistance
payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account,
[[Page 140 STAT. 403]]
to be available until expended: Provided further, That amounts deposited
pursuant to the preceding proviso shall be available in addition to the
amount otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 5-year term, for senior
preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), for supportive services
associated with the housing, and for administrative and other expenses
associated with assistance under this heading, $1,031,000,000 to remain
available until September 30, 2029: Provided, That of the amount made
available under this heading, up to $122,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted <<NOTE: Deadline.>> housing projects: Provided
further, That any funding for existing service coordinators under the
preceding proviso shall be provided within 120 days of enactment of this
Act: Provided further, <<NOTE: Contracts.>> That the Secretary may enter
into 2-year agreements as appropriate with such funding that are subject
to the availability of annual appropriations: <<NOTE: Waiver
authority. Time period.>> Provided further, That the Secretary may waive
the provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided
further, <<NOTE: Determination. Remittance.>> That upon request of the
Secretary, project funds that are held in residual receipts accounts for
any project subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of an amount to
be determined by the Secretary, shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2029:
Provided further, That amounts deposited in this account pursuant to the
preceding proviso shall be available, in addition to the amounts
otherwise provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be available for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided further, That of
the total amount made available under this heading, up to $4,000,000
shall be used by the Secretary to support preservation transactions of
housing for the elderly originally developed with a capital advance and
assisted by a project rental assistance contract under the provisions of
section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
[[Page 140 STAT. 404]]
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section 811(d)(2)
of such Act, for project assistance contracts pursuant to subsection (h)
of section 202 of the Housing Act of 1959, as added by section 205(a) of
the Housing and Community Development Amendments of 1978 (Public Law 95-
557; 92 Stat. 2090), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 5-year term, for project rental assistance to State housing finance
agencies and other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, for
supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act, and for
administrative and other expenses associated with assistance funded
under this heading, $287,000,000, to remain available until September
30, 2029: Provided, <<NOTE: Determination. Remittance.>> That, upon the
request of the Secretary, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to remain
available until September 30, 2029: Provided further, That amounts
deposited in this account pursuant to the preceding proviso shall be
available in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining from
funds transferred to or appropriated under this heading shall be used
for the current purposes authorized under this heading in addition to
the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $57,500,000, to remain available until September 30,
2027, including up to $4,500,000 for administrative contract services:
Provided, That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with respect to
property maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided
further, <<NOTE: Contracts.>> That for purposes of awarding grants from
amounts provided under this heading, the Secretary may enter into
multiyear agreements, as appropriate, subject to the availability of
annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $14,000,000, to remain available until expended, of which
$14,000,000 shall be derived from the Manufactured Housing Fees Trust
Fund (established under section 620(e) of such Act (42 U.S.C. 5419(e)):
Provided, That not to exceed the
[[Page 140 STAT. 405]]
total amount appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided further,
That <<NOTE: Reduction.>> the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2026 so as to result in a final fiscal year 2026
appropriation from the general fund estimated at zero, and fees pursuant
to such section 620 shall be modified as necessary to ensure such a
final fiscal year 2026 appropriation: Provided further,
That <<NOTE: Fees.>> for the dispute resolution and installation
programs, the Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall be deposited
into the Trust Fund, and the Secretary, as provided herein, may use such
collections, as well as fees collected under section 620 of such Act,
for necessary expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid directly by
the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2027: Provided, That during fiscal
year 2026, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in the preceding
proviso shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $160,000,000, to remain available until
September 30, 2027: Provided further, <<NOTE: Effective date.>> That to
the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2026, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2026 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$35,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until
[[Page 140 STAT. 406]]
September 30, 2027: Provided, That during fiscal year 2026, gross
obligations for the principal amount of direct loans, as authorized by
sections 204(g), 207(l), 238, and 519(a) of the National Housing Act,
shall not exceed $1,000,000, which shall be for loans to nonprofit and
governmental entities in connection with the sale of single family real
properties owned by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $550,000,000,000, to remain available until September
30, 2027: Provided, That $56,000,000, to remain available until
September 30, 2027, shall be for necessary salaries and expenses of the
Government National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments exceed $155,000,000,000 on or
before April 1, 2026, an additional $100 for necessary salaries and
expenses shall be available until expended for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided
further, <<NOTE: Fees.>> That receipts from Commitment and Multiclass
fees collected pursuant to title III of the National Housing Act (12
U.S.C. 1716 et seq.) shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $122,500,000, to remain available
until September 30, 2027: Provided, That of the amounts made available
under this heading, $40,000,000 shall be for technical assistance, of
which $5,000,000 shall be for the distressed cities technical assistance
program: Provided further, That with <<NOTE: Contracts.>> respect to
amounts made available under this heading, notwithstanding section 203
of this title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, <<NOTE: Matching contribution.>> That with respect to
the preceding proviso, such partners to the cooperative agreements shall
contribute at least a 50 percent match toward the cost of the project:
Provided further, <<NOTE: Compliance.>> That for non-competitive
agreements entered into in accordance with the preceding two provisos,
the Secretary shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282; 31
U.S.C. note) in lieu of compliance with section 102(a)(4)(C)
[[Page 140 STAT. 407]]
of the Department of Housing and Urban Development Reform Act of 1989
(42 U.S.C. 3545(a)(4)(C)) with respect to documentation of award
decisions: Provided further, That of the total amounts provided under
this heading, $7,500,000 shall be for competitive grants to nonprofit or
governmental entities to provide legal assistance (including assistance
related to pretrial activities, trial activities, post-trial activities
and alternative dispute resolution) at no cost to eligible low-income
tenants at risk of or subject to eviction: Provided further, That in
awarding grants under the preceding proviso, the Secretary shall give
preference to applicants that include a marketing strategy for residents
of areas with high rates of eviction, have experience providing no-cost
legal assistance to low-income individuals, and have sufficient capacity
to administer such assistance: Provided further, <<NOTE: Urban and rural
areas.>> That the Secretary shall ensure, to the extent practicable,
that the proportion of eligible tenants living in rural areas who will
receive legal assistance with grant funds made available under this
heading is not less than the overall proportion of eligible tenants who
live in rural areas: Provided further, That <<NOTE: Public
information. Website.>> the Department shall maintain on its publicly
accessible website all completed research funded under this heading by
this or any prior Act: Provided further,
That <<NOTE: Publication. Reports.>> the Department shall release and
publish such research without regard to the findings within 6 months of
submission of the final report.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), and this heading,
$86,355,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
(1) $26,355,000 shall be for the fair housing assistance
program under such title VIII;
(2) $56,000,000 shall be for the fair housing initiatives
program under such section 561, of which, not less than
$10,400,000 shall be available for education and outreach
programs, not less than $3,700,000 shall be available for fair
housing organization initiatives, and not less than $40,500,000
shall be available for the private enforcement initiative,
except that if any program or initiative is undersubscribed any
remaining amounts may be awarded to qualified applicants of
other programs or initiatives under this paragraph: Provided,
That the <<NOTE: Notice. Deadline.>> Secretary shall issue each
notice of funding opportunity for the fair housing initiatives
program not later than 150 days after the date of enactment of
this Act;
(3) $1,000,000 may be for the Secretary for the creation and
promotion of translated materials and other programs that
support the assistance of persons with limited English
proficiency in utilizing the services provided by the Department
of Housing and Urban Development; and
(4) $3,000,000 shall be for the national fair housing
training academy: Provided, <<NOTE: Fees.>> That notwithstanding
section 3302 of title 31, United States Code, the Secretary may
also assess and
[[Page 140 STAT. 408]]
collect fees to cover the costs of such academy, and may use
such funds to develop online courses and provide such training:
Provided further, <<NOTE: Lobbying.>> That none of the funds made
available under this heading may be used to lobby the executive or
legislative branches of the Federal Government in connection with a
specific contract, grant, or loan.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the lead hazard reduction program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4852), the healthy homes initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-1
and 1701z-2), and for related activities and assistance, $295,600,000,
to remain available until September 30, 2028: Provided, That the amounts
made available under this heading are provided as follows:
(1) $155,600,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $105,000,000 shall
be provided to areas with the highest lead-based paint abatement
need;
(2) $140,000,000 shall be for the healthy homes initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families: Provided, That up to $10,000,000 of amounts made
available under this paragraph shall be for a one-time national
pilot program to facilitate new financing mechanisms to address
lead and other residential environmental stressors in low-income
communities: Provided further, <<NOTE: Notice. Deadline.>> That
the Secretary shall issue the notice of funding of opportunity
for the pilot program established in the preceding proviso
within 120 days of enactment of this Act: Provided further, That
$30,000,000 of amounts made available under this paragraph shall
be for grants to experienced non-profit organizations, States,
local governments, or public housing agencies for safety and
functional home modification repairs and renovations to meet the
needs of low-income seniors to enable them to remain in their
primary residence, of which no less than $10,000,000 shall be
available to meet such needs in communities with substantial
rural populations: Provided further, <<NOTE: Exemption.>> That
for funds made available for such grants in the preceding
proviso or under this heading or the heading ``Housing for the
Elderly'' in prior Acts, all eligible activities, except those
that would alter the existing footprint of a structure or
improvement in a floodplain or a wetland, are exempt from
environmental review and not subject to the Federal laws and
authorities cited in section 58.5 of title 24, Code of Federal
Regulations; and
(3) up to $2,000,000 in total of the amounts made available
under paragraph (2) may be transferred to the heading
[[Page 140 STAT. 409]]
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the provisos
under that heading for non-competitive agreements:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such Act,
a grant under the healthy homes initiative, or the lead technical
studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this heading,
or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided
further, <<NOTE: Certification. Notice.>> That each applicant for a
grant or cooperative agreement under this heading shall certify adequate
capacity that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding opportunity: Provided
further, That amounts made available under the fifth paragraph under
this heading by the Full-Year Continuing Appropriations and Extensions
Act, 2025 (Public Law 119-4) shall be transferred to and merged with the
amounts provided under the fifth paragraph under the heading ``Public
Housing Fund'' in this Act and prioritized for qualified projects where
the primary purpose is radon testing and mitigation, except any transfer
pursuant to this provision shall retain its original availability:
Provided further, That amounts made available under this heading, in
this or prior appropriations Acts, still remaining available, may be
used for any purpose under this heading notwithstanding the purpose for
which such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$144,500,000: Provided, That the Inspector General shall have
independent authority over all personnel and acquisition issues within
this office.
General Provisions--Department of Housing and Urban Development
(including rescissions)
(including transfer of funds)
Sec. 201. <<NOTE: Remittance.>> Fifty percent of the amounts of
budget authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney Homeless
Assistance Amendments Act of 1988 (42 U.S.C. 1437f note) shall be
rescinded or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not rescinded or
remitted to the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects approved by
the Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992,
[[Page 140 STAT. 410]]
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the funds made available by this Act may be used
to investigate or prosecute under the Fair Housing Act any otherwise
lawful activity engaged in by one or more persons, including the filing
or maintaining of a nonfrivolous legal action, that is engaged in solely
for the purpose of achieving or preventing action by a Government
official or entity, or a court of competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2026 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 207. <<NOTE: Audit.>> None of the funds made available by this
title may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 208. <<NOTE: Time periods.>> (a) Notwithstanding any other
provision of law, subject to the conditions listed under this section,
for fiscal years
[[Page 140 STAT. 411]]
2026 and 2027, the Secretary of Housing and Urban Development may
authorize the transfer of some or all project-based assistance, debt
held or insured by the Secretary and statutorily required low-income and
very low-income use restrictions if any, associated with one or more
multifamily housing project or projects to another multifamily housing
project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) <<NOTE: Determinations.>> Number and bedroom size of
units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects. The Secretary, upon
determination of good cause, including a determination
that there will be no loss of assistance to currently
assisted households, may authorize a different number of
such units or a change in such configuration, or both,
at the receiving project or projects in the event there
is a transfer of use restrictions without an associated
transfer of project-based assistance to the receiving
project. The Secretary <<NOTE: Notice. Federal Register,
publication. Public
comment. Criteria. Deadlines.>> shall publish a notice
in the Federal Register for public comment containing
the criteria for determinations of good cause no less
than 60 days before the effective date of such notice.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom sizes
to meet current market demands, as determined by the
Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) <<NOTE: Determination.>> The transferring project shall,
as determined by the Secretary, be either physically obsolete or
economically nonviable, or be reasonably expected to become
economically nonviable when complying with State or Federal
requirements for community integration and reduced concentration
of individuals with disabilities.
(3) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>> The
owner or mortgagor of the transferring project shall notify and
consult with the tenants residing in the transferring project
and provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
[[Page 140 STAT. 412]]
(6) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) <<NOTE: Waiver authority. Determination.>> If either the
transferring project or the receiving project or projects meets
the condition specified in subsection (d)(2)(A), any lien on the
receiving project resulting from additional financing obtained
by the owner shall be subordinate to any FHA-insured mortgage
lien transferred to, or placed on, such project by the
Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) <<NOTE: Records.>> If the transferring project meets the
requirements of subsection (d)(2), the owner or mortgagor of the
receiving project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) <<NOTE: Definitions.>> For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s);
[[Page 140 STAT. 413]]
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 209. No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
Sec. 210. <<NOTE: Allocation. Eligibility.>> The funds made
available for Native Alaskans under paragraph (1) under the heading
``Native American Programs'' in title II of this Act shall be allocated
to the same Native Alaskan housing block grant recipients that received
funds in fiscal year 2005, and only such recipients shall be eligible to
apply for funds made available under paragraph (2) of such heading.
Sec. 211. Notwithstanding any other provision of law, in fiscal year
2026, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42
[[Page 140 STAT. 414]]
U.S.C. 1437f) or any other Federal programs, the Secretary shall
maintain any rental assistance payments under section 8 of the United
States Housing Act of 1937 and other programs that are attached to any
dwelling units in the property. <<NOTE: Determination. Contracts.>> To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs, based
on consideration of (1) the costs of rehabilitating and operating the
property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental
assistance. <<NOTE: Contracts. Notice.>> The Secretary shall also take
appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and informed
consent of the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition of any
multifamily property described in this section, the contract and
allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 212. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of a
reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 213. <<NOTE: 42 USC 1437g note.>> With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement, and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d), (e)), the Secretary shall not impose any requirement or
guideline relating to asset management that restricts or limits in any
way the use of capital funds for central office costs pursuant to
paragraph (1) or (2) of section 9(g) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d) for
activities that are eligible under section 9(e) for assistance with
amounts from the operating fund in excess of the amounts permitted under
paragraph (1) or (2) of section 9(g).
Sec. 214. <<NOTE: Determination.>> No official or employee of the
Department of Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial Officer has
determined that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures
and directives. The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage
[[Page 140 STAT. 415]]
Association--Guarantees of Mortgage-Backed Securities Loan Guarantee
Program Account'', and ``Office of Inspector General'' within the
Department of Housing and Urban Development.
Sec. 215. <<NOTE: Notices. Website. Determination. 42 USC 3545a
note.>> Notwithstanding any other provision of law, for fiscal year
2026, the Secretary may make a notice of funding opportunity, and a
notice of any funding decision, for any program or discretionary fund
administered by the Secretary that is to be competitively awarded
available only on the Internet at the appropriate Government website or
through other electronic media, as determined by the Secretary.
Sec. 216. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 217. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
the <<NOTE: Notification. Time period.>> Secretary shall provide
notification to such Committees 5 business days in advance of any such
transfers.
Sec. 218. <<NOTE: Determination. Compliance.>> (a) Any entity
receiving housing assistance payments shall maintain decent, safe, and
sanitary conditions, as determined by the Secretary, and comply with any
standards under applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any property covered
under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
(2) <<NOTE: Certification. Deadlines.>> fails to certify in
writing to the Secretary within 3 days that all Exigent Health
and Safety deficiencies, or those deficiencies requiring
correction within 24 hours, identified by the inspector at the
project have been corrected.
Such <<NOTE: Applicability.>> requirements shall apply to insured
and noninsured projects with assistance attached to the units under
section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but shall not apply to such units assisted under section 8(o)(13) of
such Act (42 U.S.C. 1437f(o)(13)) or to public housing units assisted
with capital or operating funds under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) <<NOTE: Deadline. Notice. Timetable. Determination.>> Within
15 days of the issuance of the Real Estate Assessment Center (``REAC'')
inspection, the Secretary shall provide the owner with a Notice of
Default with a specified timetable, determined by the Secretary, for
correcting all <<NOTE: Records.>> deficiencies. The Secretary shall
provide a copy of the Notice of Default to the tenants, the local
government, any mortgagees, and any contract administrator. If the
owner's appeal results in a passing score, the Secretary may withdraw
the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) <<NOTE: Penalties.>> require immediate replacement of
project management with a management agent approved by the
Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
[[Page 140 STAT. 416]]
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) <<NOTE: Abatement. Determination.>> abate the section 8
contract, including partial abatement, as determined by the
Secretary, until all deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) <<NOTE: Contracts. Notification.>> The Secretary shall take
appropriate steps to ensure that project-based contracts remain in
effect, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for major threats to health and safety
after written notice to the affected
tenants. <<NOTE: Determination.>> To the extent the Secretary
determines, in consultation with the tenants and the local government,
that the property is not feasible for continued rental assistance
payments under such section 8 or other programs, based on consideration
of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) <<NOTE: Reports. Time period.>> The Secretary shall report semi-
annually on all properties covered by this section that are assessed
through the Real Estate Assessment Center and have failing physical
inspection scores or have received an unsatisfactory management and
occupancy review within the past 36 months. The report shall include--
(1) identification of the enforcement actions being taken to
address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of Housing
and Urban Development is taking to protect tenants of such
identified properties; and
[[Page 140 STAT. 417]]
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days of
the transmittal of the first report.
Sec. 219. None of the funds made available by this Act, or any other
Act, for purposes authorized under section 8 (only with respect to the
tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, including bonuses, for
the chief executive officer of which, or any other official or employee
of which, that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time during any
public housing agency fiscal year 2026.
Sec. 220. <<NOTE: Grants. Notification. Time period.>> None of the
funds made available by this Act and provided to the Department of
Housing and Urban Development may be used to make, withdraw, terminate,
or rescind (except at the request of the recipient) a grant award unless
the Secretary notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State, locality,
housing authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced or is notified of such
changes by the Department or its offices: Provided, That such
notification shall list each grant award and project description by
State and congressional district.
Sec. 221. None of the funds made available in this Act shall be used
by the Federal Housing Administration, the Government National Mortgage
Association, or the Department of Housing and Urban Development to
insure, securitize, or establish a Federal guarantee of any mortgage or
mortgage backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation or
seizure, by a State, municipality, or any other political subdivision of
a State.
Sec. 222. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 223. Amounts made available by this Act that are appropriated,
allocated, advanced on a reimbursable basis, or transferred to the
Office of Policy Development and Research of the Department of Housing
and Urban Development and functions thereof, for research, evaluation,
or statistical purposes, and that are unexpended at the time of
completion of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which the amounts are
made available to that Office subject to reprogramming requirements in
section 405 of this Act.
Sec. 224. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban Development subject
to administrative discipline (including suspension from work), in this
fiscal year, but this prohibition shall not
[[Page 140 STAT. 418]]
be effective prior to the effective date of any such administrative
discipline or after any final decision over-turning such discipline.
Sec. 225. <<NOTE: Time period.>> With respect to grant amounts
awarded under the heading ``Homeless Assistance Grants'' for fiscal
years 2015 through 2026 for the continuum of care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act, costs paid by program income of grant recipients may
count toward meeting the recipient's matching requirements, provided the
costs are eligible CoC costs that supplement the recipient's CoC
program.
Sec. 226. <<NOTE: Grants. Determination.>> (a) From amounts made
available under this title under the heading ``Homeless Assistance
Grants'', the Secretary may award 1-year transition grants to recipients
of funds for activities under subtitle C of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) to transition from one
continuum of care program component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 227. The promise zone designations and promise zone designation
agreements entered into pursuant to such designations, made by the
Secretary in prior fiscal years, shall remain in effect in accordance
with the terms and conditions of such agreements (including designation
and agreement time periods).
Sec. 228. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds
(except for special purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under section 8
or 9 of the United States Housing Act of 1937, including any reserve
funds held by the public housing agency or funds held by the Department
of Housing and Urban Development, pursuant to the authority for use of
section 8 or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996 (Public
Law 104-134; 110 Stat. 1321-28), notwithstanding the purposes for which
such funds were appropriated.
Sec. 229. None of the amounts made available by this Act may be used
to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such funds to carry
out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
lead safe housing or lead disclosure rules.
Sec. 230. <<NOTE: Determination. Allocation.>> For fiscal year 2026,
if the Secretary determines or has determined, for any prior formula
grant allocation administered by the Secretary through the Offices of
Public and Indian Housing, Community Planning and Development, or
Housing, that a recipient received an allocation greater than the amount
such recipient should have received for a formula allocation cycle
pursuant to applicable statutes and regulations, the Secretary may
adjust for any such funding error in the next applicable formula
allocation
[[Page 140 STAT. 419]]
cycle by (a) offsetting each such recipient's formula allocation (if
eligible for a formula allocation in the next applicable formula
allocation cycle) by the amount of any such funding error, and (b)
reallocating any available balances that are attributable to the offset
to the recipient or recipients that would have been allocated additional
funds in the formula allocation cycle in which any such error occurred
(if such recipient or recipients are eligible for a formula allocation
in the next applicable formula allocation cycle) in an amount
proportionate to such recipient's eligibility under the next applicable
formula allocation <<NOTE: Records. Reallocations.>> cycle: Provided,
That all offsets and reallocations from such available balances shall be
recorded against funds available for the next applicable formula
allocation cycle: Provided further, <<NOTE: Definition.>> That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial
determination: <<NOTE: Determination.>> Provided further, That if, upon
request by a recipient and giving consideration to all Federal resources
available to the recipient for the same grant purposes, the Secretary
determines that the offset in the next applicable formula allocation
cycle would critically impair the recipient's ability to accomplish the
purpose of the formula grant, the Secretary may adjust for the funding
error across two or more formula allocation cycles.
Sec. 231. The Secretary may transfer from amounts made available for
salaries and expenses under this title (excluding amounts made available
under the heading ``Office of Inspector General'') to the heading
``Information Technology Fund'' for unforeseen information technology
needs, including for additional development, modernization, and
enhancement, to remain available until September 30, 2028: Provided,
That the total amount of such transfers shall not exceed $5,000,000:
Provided further, That this transfer authority shall not be used to fund
information technology projects or activities that have known out-year
development, modernization, or enhancement costs in excess of $500,000:
Provided further, That this transfer authority shall not be used to
allocate costs across offices for broader departmental information
technology needs: Provided further, <<NOTE: Notification. Time
period.>> That the Secretary shall provide notification to the House and
Senate Committees on Appropriations no fewer than 10 business days in
advance of any such transfer.
Sec. 232. <<NOTE: Compliance. Notice. Public
comment. Contracts. Time period.>> The Secretary shall comply with all
process requirements, including public notice and comment, when seeking
to revise any annual contributions contract: Provided, That the
Secretary shall provide public housing authorities not less than 60 days
for public comment, and the Secretary shall consider and respond to
submitted comments.
Sec. 233. None of the funds made available to the Department of
Housing and Urban Development in this or prior Acts may be used to issue
a solicitation or accept bids on any solicitation that is substantially
equivalent to the draft solicitation entitled ``Housing Assistance
Payments (HAP) Contract Support Services (HAPSS)'' posted to www.Sam.gov
on July 27, 2022.
Sec. 234. (a) Any unobligated balances from amounts made available
under the heading, ``Community Development Fund'' in chapter 9 of title
II of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)
that were transferred to ``Management
[[Page 140 STAT. 420]]
and Administration, Salaries and Expenses'' are hereby permanently
rescinded.
(b) Any unobligated balances included under Treasury Appropriation
Fund Symbol 86 X 0108 from amounts transferred to the Department of
Housing and Urban Development from amounts made available under the
heading, ``Unanticipated Needs'' in chapter 8 of title I of the
Emergency Supplemental Appropriations Act of 1994 (Public Law 103-211)
are hereby permanently rescinded.
(c) Any unobligated balances included under Treasury Appropriation
Fund Symbol 86 X 0148, 86-2023/2027-0483 and 86 X 0163 are hereby
permanently rescinded.
(d) Of the unobligated balances from amounts included under Treasury
Appropriation Fund Symbol 86 X 0304, $5,036,988.73 are hereby
permanently rescinded.
(e) Of the unobligated balances from appropriations made available
under the heading ``Community Development Fund'' prior to fiscal year
2011, $176,688.49 in Economic Development Initiative grant funds and
$336,275.98 in Special Purpose Grant funds are hereby rescinded.
(f) Of the unobligated balances from amounts made available under
the heading ``Assisted Housing Inspections and Risk Assessments'', in
the Full-Year Continuing Appropriations and Extensions Act, 2025 (Public
Law 119-4), $22,000,000 are hereby permanently rescinded.
(g) Of the unobligated balances from amounts included under Treasury
Appropriation Fund Symbol 86 X 0313, $1.74 is hereby permanently
rescinded.
(h) $5,200,000 of amounts previously made available for expenditure
from the Manufactured Housing Fees Trust Fund are hereby permanently
rescinded.
Sec. 235. <<NOTE: Bonus awards.>> None of the amounts made available
in this or prior Acts may be used to consider family self-sufficiency
achievement metrics (FAM) in determining funding awards for programs
receiving family self-sufficiency program coordinator funding provided
in this or prior Acts except to provide bonus awards as expressly made
available in this or prior Acts for self-sufficiency programs assigned a
ranking of performance category 1 based on their publicly available FAM
scores.
Sec. 236. <<NOTE: Waiver authority.>> The Secretary may, upon a
finding that a waiver or alternative requirement is necessary for the
effective delivery and administration of funds made available for new
incremental voucher assistance or renewals for the mainstream program
and the family unification program (including the foster youth to
independence program) in this and prior Acts, waive or specify
alternative requirements, other than requirements related to tenant
rights and protections, rent setting, fair housing, nondiscrimination,
labor standards, and the environment, for--
(1) section 8(o)(6)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local
preferences, and the initial term and extensions of tenant-based
vouchers; and
(2) section 8(x)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437f(x)(2)) regarding the timing of referral of
youth leaving foster care.
[[Page 140 STAT. 421]]
Sec. 237. The Secretary shall fulfill their responsibilities to
enforce the Fair Housing Act (42 U.S.C. 3601 et seq.): Provided, That
none of the funds made available by this Act may be used by the
Department of Housing and Urban Development to direct a grantee to
undertake specific changes to existing zoning laws as part of carrying
out the interim final rule entitled ``Affirmatively Furthering Fair
Housing Revisions'' (90 Fed. Reg. 11020 (March 3, 2025)).
Sec. 238. <<NOTE: Applicability.>> The whistleblower protections in
section 4712 of title 41, United States Code, shall apply to any
contract, subcontract, grant, subgrant, or personal services contract
funded from amounts made available in this or prior Acts (including
carryover and recaptures), regardless of when the agreement was
executed.
Sec. 239. (a) <<NOTE: Time period.>> For fiscal years 2026 through
2028, upon request from the owner, the Secretary of Housing and Urban
Development (``Secretary'') may forgive or restructure the terms of any
indebtedness relating to any remaining principal and interest under
financial assistance made available under section 201 of the Housing and
Community Development Amendments of 1978 (12 U.S.C. 1715z-1a) (``Flex
Sub loan'').
(b) <<NOTE: Loans.>> The Secretary may only forgive or restructure
loans under this section for properties with--
(1) 200 or fewer assisted units;
(2) a Flex Sub loan with an unpaid principal balance of
$2,000,000 or less;
(3) a score of 80 or higher on the most recent REAC
inspection; and
(4) a most recent management and occupancy review score of
``above average'' or ``superior.''
(c) The Secretary may set such terms and conditions as the Secretary
determines are appropriate for forgiveness or restructuring under this
section, including:
(1) Different maturity dates or interest rate terms;
(2) Extension of affordability use agreements; and
(3) Other measures to ensure the long-term stability of
operations at the property.
(d) There is hereby appropriated $2,000,000, to remain available
until September 30, 2029, to carry out the purposes of this section, in
addition to amounts otherwise available for such purposes.
Sec. 240. <<NOTE: Time period.>> Funds previously made available by
the Consolidated and Further Continuing Appropriations Act, 2013 (Public
Law 113-6) for initial project rental assistance contracts associated
with the demonstration program under the heading ``Housing for Persons
with Disabilities'' in the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55) that were available for
obligation through fiscal year 2016 are to remain available through
fiscal year 2031 for the liquidation of valid obligations incurred in
fiscal years 2013 through 2016.
Sec. 241. Amounts made available for the Office of Housing under the
heading ``Program Offices'' in this and prior Acts shall also be
available, without additional competition, for cooperative agreements
with participating administrative entities that have been selected under
section 513(b) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) (MAHRAA) to provide
direct support, including carrying out
[[Page 140 STAT. 422]]
due diligence and underwriting functions for owners and for technical
assistance activities, on conditions established by the Secretary for
small properties and owners converting assistance under the first
component or the second component under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (title II of division C of Public Law 112-55).
Sec. 242. <<NOTE: Regulations. Time period. Public comment.>> The
Secretary shall conduct all rulemaking in accordance with the policies
of part 10 of title 24 of the Code of Federal Regulations and Executive
Order 12866, as amended, including providing for public participation
and not less than 60 days for the submission of written comments.
Sec. 243. For fiscal year 2026, the costs of any rent incentives as
authorized pursuant to waivers or alternative requirements of the jobs-
plus initiative as described under the heading ``Self-Sufficiency
Programs'' shall not be charged against the competitive grant amounts
made available under such heading: Provided, That the amount of any
forgone increases in tenant rent payments due to the implementation of
such rent incentives shall be factored into the public housing agency's
general operating fund eligibility pursuant to the formula under the
heading ``Public Housing Fund'': Provided further, That the amount of
any foregone increases in tenant rent payments due to the implementation
of such rent incentives implemented on behalf of residents of a project
with assistance converted from public housing to project-based rental
assistance under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) or assistance under section 8(o)(13) of such Act under the
heading ``Rental Assistance Demonstration'' in the Department of Housing
and Urban Development Appropriations Act, 2012 (title II of division C
of Public Law 112-55), as amended (42 U.S.C. 1437f note) shall be
factored into (1) housing assistance payments made pursuant to project-
based subsidy contracts provided under the heading ``Project-Based
Rental Assistance''; and (2) housing assistance payments made by public
housing agencies pursuant to project-based assistance contracts under
section 8(o)(13) of such Act, with these costs being renewed under the
heading ``Tenant-Based Rental Assistance''.
Sec. 244. <<NOTE: Renewals. Time periods.>> In allocating and
awarding available amounts provided under the heading ``Homeless
Assistance Grants'' in the Department of Housing and Urban Development
Appropriations Act, 2025 (Public Law 119-04) and under section 231 of
Public Law 116-94 for the continuum of care program, the Secretary
shall, prior to awarding any amounts through a notice of funding
opportunity and notwithstanding any inconsistent provisions in such Acts
or in subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act, non-competitively renew for one 12-month period all projects
(including youth homelessness demonstration projects and shelter plus
care projects) expiring during the first quarter of calendar year 2026
(including any projects that expired from January 1, 2026 through the
date of enactment of this Act): Provided, That <<NOTE: Deadline. Time
period.>> if awards have not been made under a fiscal year 2025 notice
of funding opportunity prior to April 1, 2026, the Secretary shall also
non-competitively renew all such projects expiring during the second
quarter of calendar year 2026: Provided further, That
if <<NOTE: Deadline. Time periods.>> awards have not been made under a
fiscal year 2025 notice of funding opportunity prior to July 1, 2026,
the Secretary shall also non-competitively renew all such projects
expiring
[[Page 140 STAT. 423]]
during the third and fourth quarters of calendar year 2026: Provided
further, That such renewals shall be in an amount equal to the prior
award with upward adjustments to enable renewal projects to operate at
substantially the same levels, including cost-of-living adjustments for
supportive services from the prior grant and due to changes to the fair
market rents in the geographic area: Provided further, That amounts
remaining after all such <<NOTE: Notice.>> renewals are made shall be
competitively awarded pursuant to a notice of funding opportunity:
Provided further, That such renewals shall not render recipients
ineligible for awards under any fiscal year 2025 and fiscal year 2026
notices of funding opportunity.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2026''.
[[Page 140 STAT. 424]]
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,955,000: Provided, That, notwithstanding any other provision of law,
there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 46107 of title 46, United States Code, including
services as authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; and uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code,
$40,000,000, of which $2,000,000 shall remain available until September
30, 2027: Provided, That not to exceed $3,500 shall be for official
reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. Chapter 4), $29,240,000:
Provided, That the Inspector General shall have all necessary authority,
in carrying out the duties specified in such Act, to investigate
allegations of fraud, including false statements to the Government under
section 1001 of title 18, United States Code, by any person or entity
that is subject to regulation by the National Railroad Passenger
Corporation: Provided further, That the <<NOTE: Contracts.>> Inspector
General may enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and with
private persons, subject to the applicable laws and regulations that
govern the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
select, appoint, and employ such officers and employees as may be
necessary for carrying out the functions, powers, and duties of the
Office of Inspector General, subject to the applicable laws and
regulations that govern such selections, appointments, and employment
within the National Railroad Passenger Corporation: Provided
further, <<NOTE: Budget request.>> That concurrent with the President's
budget request for fiscal year 2027, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2027 in similar
[[Page 140 STAT. 425]]
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code, $145,000,000, of which not
to exceed $1,000 may be used for official reception and representation
expenses.
Neighborhood Reinvestment Corporation
payment <<NOTE: Notification. Deadline.>> to the neighborhood
reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $158,000,000:
Provided, That the Neighborhood Reinvestment Corporation shall notify
network organizations of their full formula grant award by the latter of
60 days after enactment of this Act or March 1, 2026.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $40,799,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under <<NOTE: Reduction.>> this heading: Provided further, That the
amounts made available under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2026, to result in a final appropriation
from the general fund estimated at not more than $39,549,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency Council
on Homelessness (in this heading ``the Council'') in carrying out the
functions pursuant to title II of the McKinney-Vento Homeless Assistance
Act, as amended, $3,000,000: Provided, That the Council shall be staffed
in accordance with section 11313(a)(5) of title 42, United States Code,
and regional coordinators shall have
[[Page 140 STAT. 426]]
the proven expertise and demonstrated experience needed to carry out the
duties specified in such section: <<NOTE: Public
information. Notice. Time period. Web posting.>> Provided further, That
each meeting of the Council shall be open to the public, and the Council
shall post a public notification of each Council meeting not less than
30 days in advance of each meeting on its website and include the agenda
for each meeting in such posting.
[[Page 140 STAT. 427]]
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive Order
issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. (a) Except as otherwise provided in this Act or the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), none of the funds provided in this
Act or provided by previous appropriations Acts to the agencies or
entities funded in this Act that remain available for obligation or
expenditure in fiscal year 2026, or provided from any accounts in the
Treasury derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
[[Page 140 STAT. 428]]
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the House and Senate Committees on
Appropriations, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
or the relevant operating plan properly submitted by each
agency, whichever is more detailed.
(b) <<NOTE: Deadline. Operating plan.>> Not later than 60 days after
the date of enactment of this Act, each agency funded by this Act shall
submit an operating plan to the House and Senate Committees on
Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided, That the operating plan shall include--
(1) a table for each appropriation with a separate column to
display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year enacted
level;
(2) a delineation in the table for (A) each appropriation
and its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or in the budget
appendix for the respective appropriations, whichever is more
detailed, (B) each item for which a dollar amount is specified
and for all programs for which new budget (obligational)
authority is provided, and (C) each discretionary grant and
discretionary grant allocation;
(3) an organizational chart that includes current and
estimated staffing numbers, by office, at the customary level of
detail unless otherwise directed by this Act or the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act); and
(4) an identification of items of special congressional
interest.
(c) <<NOTE: Notice. Time period. Advance approval.>> Each agency may
reprogram amounts in excess of or contrary to the threshold limitations
established in this section only after--
(1) providing written notification to the House and Senate
Committees on Appropriations no less than 30 days in advance of
such reprogramming of funds; and
(2) receiving prior written approval from the House and
Senate Committees on Appropriations.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2026 from appropriations made available for salaries and
expenses for fiscal year 2026 in this Act, shall remain available
through September 30, 2027, for each such account for the purposes
authorized: Provided, <<NOTE: Advance approval.>> That a request shall
be submitted to the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided further, That
these <<NOTE: Compliance.>> requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
[[Page 140 STAT. 429]]
Sec. 407. <<NOTE: Eminent domain.>> No funds in this Act may be used
to support any Federal, State, or local projects that seek to use the
power of eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. <<NOTE: Conference attendees. Reports. Time period.>> None
of the funds made available in this Act may be used to send or otherwise
pay for the attendance of more than 50 employees of a single agency or
department of the United States Government, who are stationed in the
United States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees on
Appropriations at least 5 days in advance that such attendance is
important to the national interest: Provided,
That <<NOTE: Definition.>> for purposes of this section the term
``international conference'' shall mean a conference occurring outside
of the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
Sec. 413. None of the funds appropriated or otherwise made available
under this Act may be used by the Surface Transportation Board to charge
or collect any filing fee for rate or practice complaints filed with the
Board in an amount in excess of the amount authorized for district court
civil suit filing fees under section 1914 of title 28, United States
Code.
Sec. 414. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless
[[Page 140 STAT. 430]]
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 415. (a) <<NOTE: Records.>> None of the funds made available in
this Act may be used to deny an Inspector General funded under this Act
timely access to any records, documents, or other materials available to
the department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) <<NOTE: Compliance.>> Each Inspector General shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the establishment over which that Inspector
General has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) <<NOTE: Reports. Compliance.>> Each Inspector General covered by
this section shall report to the Committees on Appropriations of the
House of Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 416. <<NOTE: Contracts. Determination.>> None of the funds
appropriated or otherwise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program unless such awards or
incentive fees are consistent with 16.401(e)(2) of the Federal
Acquisition Regulations.
Sec. 417. <<NOTE: Deadline. Time period. Certification.>> No part of
any appropriation contained in this Act shall be available to pay the
salary for any person filling a position, other than a temporary
position, formerly held by an employee who has left to enter the Armed
Forces of the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90 days after
his or her release from such service or from hospitalization continuing
after discharge for a period of not more than 1 year, made application
for restoration to his or her former position and has been certified by
the Office of Personnel Management as still qualified to perform the
duties of his or her former position and has not been restored thereto.
Sec. 418. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the U.S.-
E.U.-Iceland-Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
Norway Air Transport Agreement.
[[Page 140 STAT. 431]]
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 419. None of the funds made available by this Act may be used
in contravention of existing Federal law regarding non-citizen
eligibility and ineligibility for occupancy in federally assisted
housing or for participation in and assistance under Federal housing
programs, including section 214 of the Housing and Community Development
Act of 1980 (42 U.S.C. 1436a) and title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1601 et seq.).
Sec. 420. <<NOTE: Propaganda.>> (a) No part of any appropriation
contained in this Act or title VIII of division J of Public Law 117-58
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, and for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
(b) No part of any appropriation contained in this Act or in title
VIII of division J of Public Law 117-58 shall be used to pay the salary
or expenses of any grant or contract recipient, or agent acting for such
recipient, related to any activity designed to influence the enactment
of legislation or appropriations proposed or pending before the
Congress, other than for normal and recognized executive-legislative
relationships.
(c) <<NOTE: Continuation.>> Amounts repurposed pursuant to
subsections (a) and (b) shall continue to be treated as amounts
specified in section 103(b) of division A of Public Law 118-5.
Sec. 421. (a) In the table of projects in the explanatory statement
referenced in section 417 <<NOTE: 136 Stat. 771.>> of the
Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2022 (division L of Public Law 117-103)--
(1) the item relating to ``Kansas Rail Safety Improvement
Project'' is deemed to be amended by striking recipient
``Pittsburg Port Authority (KS)'' and inserting ``Kansas
Department of Transportation'';
(2) the item relating to ``The Barkers Creek Industrial Park
Power Expansion'' is deemed to be amended by striking ``The
Barkers Creek Industrial Park Power Expansion'' and inserting
``Barkers Creek Industrial Park Access Bridge, Phase II'';
(3) the item relating to ``Acquisition of new commercial
space'' is deemed to be amended by striking project
``Acquisition of new commercial space'' and inserting
``Renovation of commercial space'';
(4) the item relating to ``Electric school bus and
associated electric vehicle (EV) charging infrastructure'' is
deemed to be amended by striking recipient ``Falls Church City
Public Schools'' and inserting ``City of Falls Church'';
(5) the item relating to ``North Commons Regional Vision''
is deemed to be amended by striking recipient ``Minneapolis Park
and Recreation Board'' and inserting ``City of Minneapolis'';
[[Page 140 STAT. 432]]
(6) the item relating to ``Orangewood Parkette'' is deemed
to be amended by striking project ``Orangewood Parkette'' and
inserting ``Orangewood Complete Streets'';
(7) the item relating to ``Replacing Five Elevators in a
Public Housing Development'' is deemed to be amended by striking
project ``Replacing Five Elevators in a Public Housing
Development'' and inserting ``Replacing Elevators in a Public
Housing Development'';
(8) the item relating to ``Long Branch Stream Valley Park
Pedestrian Bridge Replacements and ADA Improvements'' is deemed
to be amended by striking recipient ``Montgomery County
Government'' and inserting ``Maryland National Capital Park and
Planning Commission'';
(9) the item relating to ``Washington Gorge Action
Programs--Goldendale Childcare and Early Learning Center'' is
deemed to be amended by striking ``Goldendale'';
(10) the item relating to ``Habitat for Humanity's Veterans
Blitz Build'' is deemed to be amended by striking recipient
``Habitat for Humanity San Bernardino Area, Inc.'' and inserting
``Neighborhood Partnership Housing Services, Inc. (NPHS)'';
(11) the item relating to ``Allen University Restoration of
Historic Waverly-Good Samaritan Hospital'' is deemed to be
amended by striking ``Allen University Restoration of Historic
Waverly-Good Samaritan Hospital'' and inserting ``Facility
Upgrades'';
(12) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to be
amended by striking ``The MEWS at Spencer Road,''; and
(13) The item relating to ``ARISE housing for young adults
transitioning out of foster care'' is deemed to be amended by
striking ``ARISE housing for young adults transitioning out of
foster care'' and inserting ``Construction of Housing in the
City of Greenville.''
(b) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division L of the Consolidated Appropriations Act, 2023 (Public Law 117-
328) described in section 4 <<NOTE: 136 Stat. 4462.>> in the matter
preceding division A of such Act--
(1) the item relating to ``Lower Shore Clinic Co-Occurring
Disorder Treatment Facility Housing'' is deemed to be amended
by:
(A) striking ``Lower Shore Clinic Co-Occurring
Disorder Treatment Facility Housing'' and inserting
``HealthPort Co-Occurring Disorder Treatment Facility'';
and
(B) striking recipient ``Lower Shore Clinic Inc.''
and inserting ``HealthPort, Inc.'';
(2) the item relating to ``Metra Zero Emission Locomotive
Commuter Rail Pilot'' is deemed to be amended by striking
``Locomotive'';
(3) the item relating to ``Acquisition of Property for the
Revitalization of Cliftondale Square Business District'' is
deemed to be amended by striking ``Acquisition of Property for
the'';
[[Page 140 STAT. 433]]
(4) the item relating to ``Supportive Living, Community Day
Services, and Housing Site Project for Adults with Intellectual
and Developmental Disabilities'' is deemed to be amended by
striking project ``Supportive Living, Community Day Services,
and Housing Site Project for Adults with Intellectual and
Developmental Disabilities'' and inserting ``Community Day
Services and Housing Expansion for Adults with Intellectual and
Developmental Disabilities'';
(5) the item relating to ``Public Library Addition'' is
deemed to be amended by striking project ``Public Library
Addition'' and inserting ``Public Library Renovations'';
(6) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by
striking project ``Renovation of Snelling Motel to Affordable
Housing for Veterans'' and inserting ``Acquisition for
Affordable Housing for Veterans'';
(7) the item relating to ``El Centro de la Raza-Pattison's
West Community Campus Property Acquisition'' is deemed to be
amended by striking project ``El Centro de la Raza-Pattison's
West Community Campus Property Acquisition'' and inserting
``Pattison's West Community Campus'';
(8) the item relating to ``Riverbrook Regional YMCA'' is
deemed to be amended by striking recipient ``Riverbrook Regional
Young Men's Christian Association, Inc.'' and inserting ``City
of Norwalk'';
(9) the item relating to ``The SE1 Rehab'' is deemed to be
amended by striking recipient ``The Skid Row Housing Trust'' and
inserting ``PATH Ventures'' and striking project ``The SE1
Rehab'' and inserting ``Skid Row Permanent Supportive Housing
Rehabilitation'';
(10) the item relating to ``Community Aging & Retirement
Services, Inc.'' is deemed to be amended by striking recipient
``Community Aging & Retirement Services, Inc.'' and inserting
``Pasco County,'' and striking project ``CARES One Stop Senior
Center Acquisition and Construction'' and inserting ``Senior
Center Acquisition and Construction'';
(11) the item relating to ``Western Flyer Coast Guard Pier
Repair and Classroom Design'' is deemed to be amended by
striking project ``Western Flyer Coast Guard Pier Repair and
Classroom Design'' and inserting ``Western Flyer Pier and
Classroom Repair'';
(12) the item relating to ``NYCHA ADA Accessibility and
Security Lighting Project'' is deemed to be amended by striking
project ``NYCHA ADA Accessibility and Security Lighting
Project'' and inserting ``Installation of Exterior Lighting at
Borinquen Plaza II'';
(13) the item relating to ``Ausonia Apartments
Modernization'' is deemed to be amended by striking recipient
``Ausonia Apartments'' and inserting ``Boston Housing
Authority'';
(14) the item relating to ``Helping Up Mission Permanent
Housing on East Baltimore Street'' is deemed to be amended by
striking ``Helping Up Mission Permanent Housing on East
Baltimore Street'' and inserting ``Greenspace Development in
Baltimore'';
(15) the item relating to ``The Choir School of Delaware's
New Building at 8th and West Street in Wilmington's Historic
Quaker Hill District'' is deemed to be amended by striking
[[Page 140 STAT. 434]]
``at 8th and West Street in Wilmington's Historic Quaker Hill
District'' and inserting ``in Wilmington'';
(16) the item relating to ``WTA 2011 Fixed Route Diesel to
Electric Replacement Project, Bellingham'' is deemed to be
amended by striking ``WTA 2011 Fixed Route Diesel to Electric
Replacement Project, Bellingham'' and inserting ``Acquisition of
Hybrid-Electric Buses''; and
(17) the item relating to ``Media and Arts Collaborative
Building Renovation'' is deemed to be amended by striking
``Renovation''.
(c) In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division F of the Consolidated Appropriations Act, 2024 (Public Law 118-
42) described in section 4 <<NOTE: 138 Stat. 26.>> in the matter
preceding division A of such Act--
(1) the item relating to ``Hardwoods Permanent Supportive
Housing'' is deemed to be amended by striking ``Hardwoods'';
(2) the item relating to ``Cle Elum--First Street Downtown
Revitalization'' is deemed to be amended by striking ``First
Street'';
(3) the item relating to ``Center for Community Programs in
Livermore Falls and Jay'' is deemed to be amended by striking
recipient ``United Way of the Tri-Valley Area'' and inserting
``Town of Jay'';
(4) the item relating to ``Pawtucket Library, Sayles
Building Re-Pointing'' is deemed to be amended by striking
project ``Pawtucket Library, Sayles Building Re-Pointing'' and
inserting ``Pawtucket Library, Sayles Building Renovation'';
(5) the item relating to ``Germany Road Relocation Project''
is deemed to be amended by striking project ``Germany Road
Relocation Project'' and inserting ``Sewer Improvements'';
(6) the item relating to ``Community Center Expansion and
Land Acquisition'' is deemed to be amended by striking
``Expansion and Land Acquisition'' and inserting ``Planning and
Design'';
(7) the item relating to ``Laconia, NH Hill Street
Pedestrian Bridge Replacement'' is deemed to be amended by
striking ``Hill Street'' and inserting ``Mill Street'';
(8) the item relating to ``Sunnyside Community Reinvestment
as Cultura & Traditions: Tucson, AZ'' is deemed to be amended by
striking recipient ``Sunnyside Foundation'' and inserting
``Sunnyside Unified School District'';
(9) the item relating to ``Craighead Technology Park and
Public Safety Center'' is deemed to be amended by striking
recipient ``City Water and Light of Jonesboro'' and inserting
``City of Jonesboro'';
(10) the item relating to ``Capital Repairs of 4 Affordable
Housing properties, City of Seattle, King County, WA'' is deemed
to be amended by striking ``4'' and inserting ``3'';
(11) the item relating to ``Middletown Plaza Elevator
Replacement'' is deemed to be amended by striking ``Middletown
Plaza Elevator Replacement'' and inserting ``Security Upgrades
at NYCHA's Soundview Houses'';
(12) the item relating to ``Morris Affordable Housing
Infrastructure'' is deemed to be amended by striking recipient
``Morris Affordable Housing Infrastructure'' and inserting
``Morris Housing Authority'';
[[Page 140 STAT. 435]]
(13) the item relating to ``Rehabilitation of Historic
Alumni House as Skills-based Workforce Development Community
Center'' is deemed to be amended by striking ``Historic Alumni
House as'' and inserting ``a building for a'';
(14) the item relating to ``Mt. Airy/Germantown Streetscape
Improvement and Reconnection'' is deemed to be amended by
striking recipient ``Mt. Airy Business Improvement District''
and inserting ``City of Philadelphia'';
(15) the item relating to ``YMCA of Greater Pittsburgh'' is
deemed to be amended by striking ``YMCA of Greater Pittsburgh''
and inserting ``Allegheny YMCA Renovation'';
(16) the item relating to ``Corn Maiden Early Learning
Center'' is deemed to be amended by striking recipient ``Corn
Maiden Early Learning Center'' and inserting ``Indian Pueblo
Cultural Center'';
(17) the item relating to ``10th Street Realignment Project
Overpass Project'' is deemed to be amended by striking recipient
``City of Richmond'' and inserting ``Fort Bend County''; and
(18) the item relating to ``S. Roosevelt Road Share Use
Path'' is deemed to be amended by striking ``S. Roosevelt
Road''.
(d) <<NOTE: Continuation.>> Each amendment made by subsection (a)
shall be considered and treated as a continuation of an existing
obligation of funds and not as a new obligation of funds.
(e) <<NOTE: Transfer authority.>> Amounts made available under the
heading ``Department of Transportation--Consolidated Rail Infrastructure
and Safety Improvements'' for the item relating to ``Midway Crossing''
in the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division L of the Consolidated Appropriations Act, 2023 (Public Law 117-
328) described in section 4 in the matter preceding division A of such
Act shall be transferred to ``Department of Transportation--Transit
Infrastructure Grants'' and shall be available under the heading to
which transferred for its original purpose.
(1) The item relating to ``Midway Crossing'' is deemed to be
amended by striking account ``Consolidated Rail Infrastructure
and Safety Improvements'' and inserting ``Transit Infrastructure
Grants'' in the table of projects entitled ``Community Project
Funding/Congressionally Directed Spending'' in the explanatory
statement for division L of the Consolidated Appropriations Act,
2023 (Public Law 117-328) described in section 4 in
the <<NOTE: 136 Stat. 4462.>> matter preceding division A of
such Act.
Sec. 422. <<NOTE: Reports.>> The Department of Transportation and
the Department of Housing and Urban Development shall provide the House
and Senate Committees on Appropriations:
(1) quarterly reports on the status of all funds, including
the start of year unobligated and uncommitted balances, and the
total obligations and recaptures for the fiscal year, by
program, project, and activity;
(2) semiannual reports on staffing levels, hirings, and
separations (including through the deferred resignation program
and any other voluntary retirement programs), consistent with
direction provided in this Act or the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act); and
(3) <<NOTE: Update. Budget.>> additional, updated budget or
financial technical assistance, upon request.
[[Page 140 STAT. 436]]
Sec. 423. <<NOTE: Public information. Website. Notices. Grants. Time
periods.>> Each Department and agency funded in this Act shall maintain
on its publicly accessible website:
(1) notices of funding opportunities (including any
amendments) for all competitive grant programs issued in the
most recent 10 years;
(2) grant awards for the most recent 10 years; and
(3) programmatic notices, guidance, and grant agreement
templates for any grant program with disbursement activity
within the previous 5 fiscal years.
Sec. 424. <<NOTE: Reports. 5 USC 3101 note.>> No later than 30 days
after the date of enactment of this Act, and annually thereafter, the
Departments and agencies funded under this Act shall submit a report to
the House and Senate Committees on Appropriations on current staffing
levels for all political and Presidential appointees in such Departments
and agencies and categorized by which office within such Departments and
agencies such employee is funded from, the office in which such employee
carries out their daily work, such employee's title, and such employee's
pay grade or the equivalent level based on the GS-scale.
Sec. 425. The assistance made available under paragraph (5)(B) under
the heading ``Public and Indian Housing--Tenant-Based Rental
Assistance'' in title II of this Act shall be known and designated as
``The Melania Trump Foster Youth to Independence Initiative''.
Sec. 426. (a) In the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division A of the Commerce, Justice, Science; Energy and Water
Development; and Interior and Environment Appropriations Act, 2026
described in section 4 <<NOTE: Ante, p. 5.>> in the matter preceding
division A of such Act--
(1) the contents in the ``Senate'' sub column of the
``Requestor(s)'' column are deemed to be amended by inserting
``Kaine, Warner'' for the project identified as the ``Center of
Excellence in Environmental Forecasting'' for the recipient
``Virginia Institute of Marine Science'';
(2) the contents in the ``Recipient'' column are deemed to
be amended by--
(A) inserting ``Research Foundation of the'' before
``City University of New York on behalf of Medgar Evers
College'' for the project identified as ``Advancing
Scientific Research Capabilities'';
(B) inserting ``Research Foundation of the'' before
``State University of New York on behalf of the
University at Buffalo'' for the project identified as
``Center of Excellence for Cross-Border Supply Chains'';
(C) striking ``Game Department/Great Bay National
Estuarine Research'' and inserting ``New Hampshire Fish
and Game Department/Great Bay National Estuarine
Research Reserve'' for the project identified as ``Great
Bay National Estuarine Research Reserve: Research
Facility'';
(D) striking ``of Albany'' and inserting ``at
Albany'' for the project identified as ``UAlbany CNSE
200mm Wafer Cleanroom Equipment Upgrade''; and
(E) striking ``Penn'' and inserting ``Pennington''
for the project identified as ``Jail Tech Upgrades'';
and
(3) the contents in the ``Project'' column are deemed to be
amended by inserting--
[[Page 140 STAT. 437]]
(A) ``Chip Design Hub: Advanced Chip Design, Testing
and'' before ``Fabrication Laboratory Equipment for
Preparing the Semiconductor Workforce'' for recipient
``Florida Atlantic University'';
(B) ``University of Texas at Dallas Comparative
Effectiveness of'' before ``North Texas Workforce
Development Programs for Semiconductors'' for recipient
``The University of Texas at Dallas'';
(C) ``D'Youville University School of Pharmacy
Sterile'' before ``Compounding and Non-Sterile Hazardous
Compounding Lab'' for recipient ``D'Youville
University'';
(D) ``Building the Workforce of the Future
Generation By'' before ``Empowering Underserved Students
with Technology-based STEM Education'' for recipient
``Research Foundation of CUNY'';
(E) ``Additive Construction and Manufacturing
Equipment for'' before ``Affordable and Resilient
Housing Research and Workforce Development'' for
recipient ``Rowan University''; and
(F) ``Interdisciplinary Engineering & Computing
initiative to'' before ``Advance Semiconductor Industry
and National Security Project'' for recipient ``Florida
International University''.
(b) The table titled ``Department of Commerce Allocation of National
Institute of Standards and Technology Funds: CHIPS Act Fiscal Year
2026'' in the explanatory statement for division A of the Commerce,
Justice, Science; Energy and Water Development; and Interior and
Environment Appropriations Act, 2026 described in section <<NOTE: Ante,
p. 5.>> 4 in the matter preceding division A of such Act is deemed to
be amended by striking ``(1,000,000)'' and inserting ``(100,000)'' for
the ``Administrative Expenses'' project and activity.
(c) In the table titled ``Interior and Environment Incorporation of
Community Project Funding/Congressionally Directed Spending Items'' in
the explanatory statement for division C of the Commerce, Justice,
Science; Energy and Water Development; and Interior and Environment
Appropriations Act, 2026 described in section 4 in the matter preceding
division A of such Act, the contents in the ``Project Recipient and
Name'' column for the ``STAG--Other (CDS)'' account are deemed to be
amended by striking ``COR Healthy Communities for Waste Improvement
System'' and inserting ``Oregon Metro for Waste Improvement System''.
(d) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2026, is amended--
(1) in the matter preceding the first proviso under the
heading ``National Park Service--Operation of the National Park
System'' <<NOTE: Ante, p. 99.>> by striking ``$2,877,195,000''
and inserting ``$2,901,195,000'', striking ``$148,285,000'' and
inserting ``$157,165,000'', and striking ``$157,950,000'' and
inserting ``$173,070,000''; and
(2) in the matter preceding the first proviso under the
heading `` <<NOTE: Ante, p. 100.>> National Park Service--
Historic Preservation Fund'', by striking ``$205,059,000'' and
inserting ``$181,059,000''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2026''.
[[Page 140 STAT. 438]]
DIVISION E-- <<NOTE: Financial Services and General Government
Appropriations Act, 2026.>> FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2026
TITLE <<NOTE: Department of the Treasury Appropriations Act, 2026.>> I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the performance
of official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to State,
local, and territorial entities; and Treasury-wide management policies
and programs activities, $287,576,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $1,350,000 is for official reception and
representation expenses of which $1,000,000 is available until
January 30, 2027, for hosting the G20 Financial Summit;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $42,000,000 shall remain available until
September 30, 2027, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical
Infrastructure Protection, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in the
United States, $21,000,000, to remain available until expended:
Provided, That the chairperson of the Committee may transfer such
amounts to any department or agency represented on the Committee
(including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further,
That <<NOTE: Reports. Notification.>> the Department shall submit a
report with the notification describing the amount of the transfer, the
purpose of the transfer,
[[Page 140 STAT. 439]]
and the receiving agency: Provided further, That amounts so transferred
shall remain available until expended for expenses of implementing
section 721 of the Defense Production Act of 1950, as amended (50 U.S.C.
4565), and shall be available in addition to any other funds available
to any department or agency: Provided further, That <<NOTE: Fees.>> fees
authorized by section 721(p) of such Act shall be credited to this
appropriation as offsetting collections: Provided further, That the
total <<NOTE: Reduction.>> amount appropriated under this heading from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2026, so as to result in a total
appropriation from the general fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $237,662,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the Global
Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$16,000,000 shall remain available until September 30, 2027.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $59,000,000, to remain
available until September 30, 2028: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $6,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and not
supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $11,007,000, to
remain available until September 30, 2028: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement
[[Page 140 STAT. 440]]
``Internal Revenue Service--Technology and Operations Support'' or
``Internal Revenue Service--Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$48,389,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2027, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out chapter 4 of title 5, United States Code,
including purchase and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Inspector General for Tax Administration;
$165,000,000, of which $5,000,000 shall remain available until September
30, 2027; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $25,000 for official
reception and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $185,193,000, of
which not to exceed $55,000,000 shall remain available until September
30, 2028.
[[Page 140 STAT. 441]]
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $391,109,000; of which not to exceed $8,000,000, to remain
available until September 30, 2028, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $242,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$157,795,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2028, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the aggregate
amount of new liabilities and obligations incurred during fiscal year
2026 under such section 5136 for circulating coinage and protective
service capital investments of the United States Mint shall not exceed
$50,000,000.
Community Development Financial Institutions Fund
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $324,000,000. Of the amount
appropriated under this heading--
(1) not less than $188,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
[[Page 140 STAT. 442]]
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September 30,
2027, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which
up to $1,600,000 may be available for training and outreach
under section 109 of Public Law 103-325 (12 U.S.C. 4708), of
which up to $3,153,750 may be used for the cost of direct loans,
of which up to $10,000,000, notwithstanding subsection (d) of
section 108 of Public Law 103-325 (12 U.S.C. 4707(d)), may be
available to provide financial assistance, technical assistance,
training, and outreach to community development financial
institutions to expand investments that benefit individuals with
disabilities, and of which up to $2,000,000 shall be for the
Economic Mobility Corps to be operated in conjunction with the
Corporation for National and Community Service, pursuant to 42
U.S.C. 12571: Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000: Provided further, That of the funds
provided under this paragraph, excluding those made to community
development financial institutions to expand investments that
benefit individuals with disabilities and those made to
community development financial institutions that serve
populations living in persistent poverty counties, the CDFI Fund
shall prioritize Financial Assistance awards to organizations
that invest and lend in high-poverty areas: Provided
further, <<NOTE: Definition.>> That for purposes of this
section, the term ``high-poverty area'' means any census tract
with a poverty rate of at least 20 percent as measured by the
2016-2020 5-year data series available from the American
Community Survey of the Bureau of the Census for all States and
Puerto Rico or with a poverty rate of at least 20 percent as
measured by the 2020 Island areas Decennial Census data for any
territory or possession of the United States;
(2) not less than $28,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2027, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $40,000,000 is available until September
30, 2027, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2027, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to expand
the availability of healthy food options in distressed
communities;
[[Page 140 STAT. 443]]
(5) not less than $9,000,000 is available until September
30, 2027, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) not less than $35,000,000 is available for
administrative expenses, including administration of CDFI Fund
programs and the New Markets Tax Credit Program, of which not
less than $1,000,000 is for the development of tools to better
assess and inform CDFI investment performance and CDFI program
impacts, and up to $300,000 is for administrative expenses to
carry out the direct loan program; and
(7) during fiscal year 2026, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: <<NOTE: Termination date. 12 USC 4713a
note.>> Provided further, That such section 114A shall remain in
effect until December 31, 2027: Provided further, That of the
funds awarded under this heading, except those provided for the
Economic Mobility Corps, not less than 10 percent shall be used
for awards that support investments that serve populations
living in persistent poverty counties: Provided
further, <<NOTE: Definition. Puerto Rico. Time periods.>> That
for the purposes of this paragraph and paragraph (1), the term
``persistent poverty counties'' means any county, including
county equivalent areas in Puerto Rico, that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses and
the 2016-2020 5-year data series available from the American
Community Survey of the Bureau of the Census or any other
territory or possession of the United States that has had 20
percent or more of its population living in poverty over the
past 30 years, as measured by the 1990, 2000, 2010 and 2020
Island Areas Decennial Censuses, or equivalent data, of the
Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $3,036,606,000: Provided, That not to exceed $186,000,000
of the amounts provided under this heading shall remain available until
September 30, 2027, of which not less than $12,000,000 shall be for the
Tax Counseling for the Elderly Program; not less than $28,000,000 shall
be available for low-income taxpayer clinic grants, including grants to
individual clinics of up to $200,000; and not less than $46,000,000
shall be available for the Community Volunteer Income Tax Assistance
Matching Grants Program for tax return preparation assistance:
[[Page 140 STAT. 444]]
Provided further, That not less than $271,200,000 of the amounts
provided under this heading shall be available for operating expenses of
the Taxpayer Advocate Service, of which not less than $7,000,000 shall
be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase and hire passenger motor
vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,999,000,000; of which not to exceed $250,000,000 shall
remain available until September 30, 2027; of which not less than
$60,257,000 shall be for the Interagency Crime and Drug Enforcement
program; and of which not to exceed $35,000,000 shall be for
investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Technology and Operations Support'' heading.
technology and operations support
For necessary expenses to operate the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,159,759,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2027; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2028, for research; and of which not to exceed $20,000 shall be for
official reception and representation expenses:
Provided, <<NOTE: Reports. 26 USC 7801 note.>> That not later than 30
days after the end of each quarter, the Internal Revenue Service shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate, the Treasury Inspector General for Tax
Administration, and the Comptroller General of the United States
detailing each major investment in the Internal Revenue Service's
information technology portfolio, including projection management
dashboard; short, plain language summaries describing the investment's
planned total expenditures, development start and end dates, schedule of
deliverables between the start and end dates, scope, and results; the
actual deliverables, expenditures, and results from the prior quarter;
the estimated deliverables, expenditures, and results for the upcoming
quarter; risks and mitigation strategies associated with ongoing work;
reasons for any cost or schedule variances and any planned cost,
[[Page 140 STAT. 445]]
schedule, and scope as a consequence; and the cumulative and annual
costs since the start date, estimated total and annual operation and
maintenance costs, and an explanation of how the investment fulfills the
Internal Revenue Service's information technology objectives and goals:
Provided further, <<NOTE: Summary.>> That the Internal Revenue Service
shall include, in its budget justification for fiscal year 2027, a
summary of cost and schedule performance information for its major
information technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. <<NOTE: Advance approval.>> Not to exceed 5 percent of any
funds made available to the Internal Revenue Service in this Act or any
other provision of law may be transferred to any other Internal Revenue
Service appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. <<NOTE: Policies. Procedures. Confidentiality. Identify
theft.>> The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. <<NOTE: Notice.>> The Internal Revenue Service shall issue
a notice of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent to both
the employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. <<NOTE: Targeting.>> None of the funds made available
under this Act may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
Sec. 107. <<NOTE: Targeting.>> None of the funds made available in
this Act may be used by the Internal Revenue Service to target groups
for regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the Treasury
Inspector General for Tax Administration entitled ``Review of the August
2010 Small Business/
[[Page 140 STAT. 446]]
Self-Employed Division's Conference in Anaheim, California'' (Reference
Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject to such
policies as the Secretary (or the Secretary's delegate) may establish,
to utilize direct hire authority to recruit and appoint qualified
applicants, without regard to any notice or preference requirements,
directly to positions in the competitive service to process backlogged
tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United States
Code, funds appropriated to the Internal Revenue Service in this Act may
be used to provide passenger carrier transportation and protection
between the Commissioner of Internal Revenue's residence and place of
employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. <<NOTE: Contracts.>> Appropriations to the Department of
the Treasury in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor vehicles
operated in foreign countries; purchase of motor vehicles without regard
to the general purchase price limitations for vehicles purchased and
used overseas for the current fiscal year; entering into contracts with
the Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign countries;
and services authorized by 5 U.S.C. 3109.
Sec. 114. <<NOTE: Advance approval.>> Not to exceed 2 percent of any
appropriations in this title made available under the headings
``Departmental Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Financial Crimes Enforcement Network'', ``Bureau of the
Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may
be transferred between such appropriations upon the advance approval of
the Committees on Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may increase or
decrease any such appropriation by more than 2 percent.
Sec. 115. <<NOTE: Advance approval.>> Not to exceed 2 percent of any
appropriation made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives and the
Senate:
[[Page 140 STAT. 447]]
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 117. <<NOTE: Reimbursement.>> The Secretary of the Treasury may
transfer funds from the ``Bureau of the Fiscal Service--Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover the costs
of debt collection: Provided, That such amounts shall be reimbursed to
such salaries and expenses account from debt collections received in the
Debt Collection Fund.
Sec. 118. <<NOTE: Approval requirement.>> None of the funds
appropriated or otherwise made available by this or any other Act may be
used by the United States Mint to construct or operate any museum
without the explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
Sec. 119. <<NOTE: Approval requirement.>> None of the funds
appropriated or otherwise made available by this or any other Act or
source to the Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or collectively, may
be used to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit approval of
the House Committee on Financial Services; the Senate Committee on
Banking, Housing, and Urban Affairs; and the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2026 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2026.
Sec. 121. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 122. <<NOTE: Plan. Deadline.>> The Secretary of the Treasury
shall submit a Capital Investment Plan to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 30 days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan shall include
capital investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide Systems
and Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided further,
That such Capital Investment Plan shall include expenditures occurring
in previous fiscal years for each capital investment project that has
not been fully completed.
Sec. 123. <<NOTE: Nonprofit
organizations. Determinations. Applicability.>> During fiscal year
2026--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used
[[Page 140 STAT. 448]]
to determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 124. <<NOTE: Reports.>> Within 45 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the House of
Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged for each
service provided by the Franchise Fund to each office, a detailed
description of the services, a detailed explanation of how each charge
for each service is calculated, and a description of the role customers
have in governing in the Franchise Fund.
Sec. 125. (a) <<NOTE: Reports.>> Not later than 60 days after the
end of each quarter, the Office of Financial Research shall submit
reports on their activities to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial
Services of the House of Representatives, and the Senate Committee on
Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Research shall make officials available to
testify on the contents of the reports required under subsection (a).
Sec. 126. <<NOTE: Advance approval.>> Not to exceed 5 percent of any
appropriation made available in this Act for the Department of the
Treasury may be transferred to the Department's information technology
system modernization and working capital fund (IT WCF), as authorized by
section 1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), for the
purposes specified in section 1077(b)(3) of such Act, upon the prior
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2029.
Sec. 127. Amounts made available under section 601(f)(3) of the
Social Security Act (42 U.S.C. 801(f)(3)) shall be available for any
necessary expenses of the Department of the Treasury Office of Inspector
General with respect to section 601 of that Act, subtitle A of title V
of division N of the Consolidated Appropriations Act, 2021, and section
3201 of the American Rescue Plan
[[Page 140 STAT. 449]]
Act of 2021, in addition to amounts otherwise available for such
purposes.
Sec. 128. <<NOTE: Reports.>> The Secretary of the Treasury is
directed to issue a report to Committees on Appropriations of the House
of Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and Urban
Affairs not later than 90 days after the date of the enactment of this
Act on the authorities used to establish the Strategic Bitcoin Reserve
and U.S. Digital Asset Stockpile, the impact the reserve and/or
stockpile has on the Treasury Forfeiture Fund (TFF) including specific
impacts on funding for law enforcement and compensation for victims of
crime, a description of how Bitcoin and digital assets would appear on
the Federal government's balance sheet including on TFF monthly reports,
and all third party contractors responsible for the custody of the
assets.
Sec. 129. <<NOTE: Reports.>> Not later than 20 days after the date
of the enactment of this Act, and not later than 20 days after the end
of the month thereafter, the Secretary of the Treasury shall submit to
the Committees on Appropriations of the House of Representatives and the
Senate a report on the Treasury Forfeiture Fund.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2026''.
[[Page 140 STAT. 450]]
TITLE <<NOTE: Executive Office of the President Appropriations Act,
2026.>> II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $78,904,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $15,453,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive <<NOTE: Advance payment.>> Residence shall require each person
sponsoring a reimbursable political event to pay in advance an amount
equal to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until expended:
Provided further, That the Executive Residence shall require the
national committee of the political party of the President to maintain
on deposit $25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored by such
committee during such fiscal year: Provided further, That
the <<NOTE: Notice. Deadlines.>> Executive Residence shall ensure that a
written notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount within
60 days after such expense is incurred, and that such amount is
collected within 30 days after the submission of such notice: Provided
further, <<NOTE: Penalties. Deadline.>> That the Executive Residence
shall charge interest and assess penalties and other charges on any such
amount that is not reimbursed within such 30 days, in accordance with
the interest and penalty provisions applicable to an outstanding debt
[[Page 140 STAT. 451]]
on a United States Government claim under 31 U.S.C. 3717: Provided
further, That each such amount that is reimbursed, and any accompanying
interest and charges, shall be deposited in the Treasury as
miscellaneous receipts: <<NOTE: Reports.>> Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate, by not
later than 90 days after the end of the fiscal year covered by this Act,
a report setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including the
total amount of such expenses, the amount of such total that consists of
reimbursable official and ceremonial events, the amount of such total
that consists of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the report:
Provided further, That the Executive <<NOTE: Records.>> Residence shall
maintain a system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical:
Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable requirement
of subchapter I or II of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,475,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,854,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $19,000,000, of which not to exceed $10,000 shall be available for
official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $114,308,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
[[Page 140 STAT. 452]]
In addition, $10,000,000, to remain available until expended, for
security and continuity of operations improvements for the Executive
Office of the President, in addition to other amounts otherwise
available for such purposes.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $129,000,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the altering of
the annual work plan developed by the Corps of Engineers for submission
to the Committees on Appropriations: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly or
indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided
further, That <<NOTE: Deadline. Policy reviews.>> the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided
further, <<NOTE: Notifications.>> That the Director of the Office of
Management and Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated: Provided
further, That <<NOTE: Deadline.>> if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly: Provided further,
That <<NOTE: Deadline. Public information. Web posting. List.>> no later
than 14 days after the submission of the budget of the United States
Government for fiscal year 2027, the Director of the Office of
Management and Budget shall make publicly available on a website a
tabular list for each agency that submits budget justification materials
(as defined in section 3 of the Federal Funding Accountability and
Transparency Act of 2006) that shall include, at minimum, the name of
the agency, the date on which the budget justification materials of the
agency were
[[Page 140 STAT. 453]]
submitted to Congress, and a uniform resource locator where the budget
justification materials are published on the website of the agency.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber Director,
as authorized by section 1752 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283), $20,000,000, of which not to exceed $5,000 shall be available for
official reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $21,785,000:
Provided, <<NOTE: 21 USC 1702 note.>> That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For <<NOTE: Deadline.>> necessary expenses of the Office of National
Drug Control Policy's High Intensity Drug Trafficking Areas Program,
$298,579,000, to remain available until September 30, 2027, for drug
control activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided,
That <<NOTE: Determination.>> up to 49 percent may be transferred to
Federal agencies and departments in amounts determined by the Director
of the Office of National Drug Control Policy, of which up to $4,000,000
may be used for auditing services and associated activities and
$3,000,000 shall be for the Grants Management System for use by the
Office of National Drug Control Policy: Provided further, That any
unexpended funds obligated prior to fiscal year 2024 may be used for any
other approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2025, shall be funded at not less than the fiscal year
2025 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels
[[Page 140 STAT. 454]]
based on clearly articulated priorities and published Office of National
Drug Control Policy performance measures of effectiveness: Provided
further, <<NOTE: Notifications. Deadlines.>> That the Director shall
notify the Committees on Appropriations of the House of Representatives
and the Senate of the initial allocation of fiscal year 2026 funding
among HIDTAs not later than 45 days after enactment of this Act, and
shall notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA Directors, not
later than 90 days after enactment of this Act: Provided further, That
upon <<NOTE: Determination. Notification.>> a determination that all or
part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $136,150,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which not more
than $12,780,000 is for administrative expenses, and of which $2,500,000
shall be made available as directed by section 4 of Public Law 107-82,
as amended by section 8204 of Public Law 115-271; $3,000,000 for drug
court training and technical assistance; $14,000,000 for anti-doping
activities; up to $3,700,000 for the United States membership dues to
the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and
$5,200,000 for activities authorized by section 103 of Public Law 114-
198: Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities: Provided further, <<NOTE: Time period. Spending plan.>> That
the Director of the Office of National Drug Control Policy shall, not
fewer than 30 days prior to obligating funds under this heading for
United States membership dues to the World Anti-Doping Agency, submit to
the Committees on Appropriations of the House of Representatives and the
Senate a spending plan and explanation of the proposed uses of these
funds: Provided further, That such plan shall include the results of an
audit of the World Anti-Doping Agency to be conducted by external anti-
doping experts and experienced independent auditors that demonstrate the
World Anti-Doping Agency's Executive Committee and Foundation are
operating consistent with their duties.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $990,000, to remain available until
September 30, 2027.
[[Page 140 STAT. 455]]
Information Technology Oversight and Reform
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $8,000,000, to remain available until expended.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $6,015,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $318,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. <<NOTE: Advance approval.>> From funds made available in
this Act under the headings ``The White House'', ``Executive Residence
at the White House'', ``White House Repair and Restoration'', ``Council
of Economic Advisers'', ``National Security Council and Homeland
Security Council'', ``Office of Administration'', ``Special Assistance
to the President'', and ``Official Residence of the Vice President'',
the Director of the Office of Management and Budget (or such other
officer as the President may designate in writing) may, with advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10 percent of any
such appropriation to any other such appropriation, to be merged with
and available for the same time and for the same purposes as the
appropriation to which transferred: Provided, That the amount of an
appropriation shall not be increased by more than 50 percent by such
transfers: Provided further, <<NOTE: Approval requirement.>> That no
amount shall be transferred from ``Special Assistance to the President''
or ``Official Residence of the Vice President'' without the approval of
the Vice President.
Sec. 202. <<NOTE: Budget statement. Cost estimates.>> (a) During
fiscal year 2026, any Executive order or Presidential memorandum issued
or revoked by the President
[[Page 140 STAT. 456]]
shall be accompanied by a written statement from the Director of the
Office of Management and Budget on the budgetary impact, including
costs, benefits, and revenues, of such order or memorandum.
(b) <<NOTE: Time period.>> Any such statement shall include--
(1) <<NOTE: Summary.>> a narrative summary of the budgetary
impact of such order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2026; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2026.
(c) <<NOTE: Deadline.>> If an Executive order or Presidential
memorandum is issued during fiscal year 2026 due to a national
emergency, the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15 days after
the date that such order or memorandum is issued.
(d) <<NOTE: Applicability.>> The requirement for cost estimates for
Presidential memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of $100,000,000.
Sec. 203. <<NOTE: Deadline. Memorandum. Compliance.>> Not later than
30 days after the date of enactment of this Act, the Director of the
Office of Management and Budget shall issue a memorandum to all Federal
departments, agencies, and corporations directing compliance with the
provisions in title VII of this Act.
Sec. 204. For an additional amount for ``Office of National Drug
Control Policy, Salaries and Expenses'', $7,071,000, which shall be for
initiatives in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Executive
Office of the President and Funds Appropriated to the President'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other purpose.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2026''.
TITLE <<NOTE: Judiciary Appropriations Act, 2026.>> III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase and hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be expended
as the Chief Justice may approve, $135,127,000, of which $1,500,000
shall remain available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
[[Page 140 STAT. 457]]
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112 under the direction of the Chief Justice,
$11,437,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $22,437,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $6,127,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for reimbursement of expenses of the United States
Court of Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-660),
$12,109,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund to remain available until expended.
[[Page 140 STAT. 458]]
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions for
the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b);
and for necessary training and general administrative expenses,
$1,766,010,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $19,108,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court or Administrative Office of the
United States Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court or Administrative
Office of the United States Courts operations, building ingress-egress
control, inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the Federal
Protective Service, and other similar activities as authorized by
section 1010 of the Judicial Improvement and Access to Justice Act
(Public Law 100-702), $892,032,000, of which not to exceed $20,000,000
shall remain available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall be
responsible for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the Attorney
General: Provided, That funds made available under this heading may be
used for managing a Judiciary-wide program to facilitate security and
emergency management services among the Judiciary,
[[Page 140 STAT. 459]]
United States Marshals Service, Federal Protective Service, General
Services Administration, other Federal agencies, state and local
governments and the public; and for purposes authorized by the Daniel
Anderl Judicial Security and Privacy Act of 2022 (Public Law 117-263,
division C, title LIX, subtitle D) and 28 U.S.C. 604(a)(24).
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $106,953,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $35,121,000; of which $1,800,000 shall remain
available through September 30, 2027, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $22,677,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers:
Provided, <<NOTE: Compliance.>> That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections 604
and 608 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in
section 608.
[[Page 140 STAT. 460]]
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. <<NOTE: Applicability.>> Section 3315(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. <<NOTE: Reimbursement.>> In accordance with 28 U.S.C. 561-
569, and notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative Office
of the United States Courts, for purposes of a pilot program, the
security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
This title may be cited as the ``Judiciary Appropriations Act,
2026''.
TITLE <<NOTE: District of Columbia Appropriations Act, 2026.>> IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for the District of Columbia resident tuition support program
established and operated under the District of Columbia College Access
Act of 1999 (sec 38-2701 et seq. D.C. Official Code), $40,000,000, to
remain available until expended: Provided, That the awarding of such
funds may be prioritized on the basis of a resident's academic merit,
the income and need of eligible students and such other factors as may
be authorized: Provided further, <<NOTE: Account.>> That the District of
Columbia government shall maintain a dedicated account for the Resident
Tuition Support Program that shall consist of the Federal funds
appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That <<NOTE: Reports.>> the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds showing,
by object class, the expenditures made and the purpose therefor.
[[Page 140 STAT. 461]]
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$90,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions: Provided, That not <<NOTE: Time
periods. Reports.>> later than 90 days after the last day of each
quarter, the District of Columbia Chief Budget Officer shall submit to
the Committees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations of the
Emergency Planning and Security Costs for that quarter, broken down by
each Federal and District government agency, activity and purpose
charged to the federal payment account and a quarterly estimates report
that accounts for upcoming federal activities.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $292,068,000 to be
allocated as follows: for the District of Columbia Court of Appeals,
$15,747,000, of which not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the District of
Columbia, $149,349,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of Columbia
Court System, $97,720,000, of which not to exceed $2,500 is for official
reception and representation expenses; and $29,252,000, to remain
available until September 30, 2027, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of Columbia Courts
for administering bar examinations and processing District of Columbia
bar admissions may be retained and credited to this appropriation, to
remain available until expended, for salaries and expenses associated
with such activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50): Provided
further, <<NOTE: Apportionment. Time period.>> That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further,
That <<NOTE: Time period. Notice. Reallocation.>> 30 days after
providing written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of Columbia Courts
may reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading: Provided
further, That the <<NOTE: Regulations.>> Joint Committee on Judicial
Administration in the District
[[Page 140 STAT. 462]]
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35 of title
5, United States Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments authorized
under section 21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain available
until expended: Provided, That funds provided under this heading shall
be administered by the Joint Committee on Judicial Administration in the
District of Columbia: <<NOTE: Apportionment. Time period.>> Provided
further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$287,017,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $35,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$203,542,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
monitoring of adults subject to protection orders or the provision of
services for or related to such persons: Provided further, That, of the
funds appropriated under this heading, $83,475,000 shall be available to
the Pretrial Services Agency: Provided
further, <<NOTE: Apportionment. Time period.>> That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further, That
amounts under this heading may be used for programmatic incentives for
defendants to successfully complete their terms of supervision.
[[Page 140 STAT. 463]]
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $53,629,000: Provided, That
notwithstanding <<NOTE: Apportionment. Time period.>> any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of Federal agencies: Provided further, That the District of
Columbia Public Defender Service may establish for employees of the
District of Columbia Public Defender Service a program substantially
similar to the program set forth in subchapter II of chapter 35 of title
5, United States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the amount
referred to in section 3523(b)(3)(B) of title 5, United States Code:
Provided further, That for the purposes of engaging with, and receiving
services from, Federal Franchise Fund Programs established in accordance
with section 403 of the Government Management Reform Act of 1994, as
amended, the District of Columbia Public Defender Service shall be
considered an agency of the United States
Government: <<NOTE: Contracts.>> Provided further, That the District of
Columbia Public Defender Service may enter into contracts for the
procurement of severable services and multiyear contracts for the
acquisition of property and services to the same extent and under the
same conditions as an executive agency under sections 3902 and 3903 of
title 41, United States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$3,451,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2027,
to the Commission on Judicial Disabilities and Tenure, $330,000, and for
the Judicial Nomination Commission, $300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That,
to <<NOTE: Scholarships.>> the extent that funds are available for
opportunity scholarships and following the priorities included in
section 3006 of such Act, the Secretary of Education shall make
scholarships available to students eligible under section 3013(3) of
such Act (Public Law 112-10; 125 Stat. 211) including students who were
not offered a scholarship during any previous school year:
[[Page 140 STAT. 464]]
Provided further, That within funds provided for opportunity
scholarships, up to $1,750,000 shall be for the activities specified in
sections 3007(b) through 3007(d) of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2026 Local Budget Act of 2025 (D.C. Law 26-51) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2026 under this
heading shall not exceed the estimates included in the Fiscal Year 2026
Local Budget Act of 2025, as amended as of the date of enactment of this
Act or the sum of the total revenues of the District of Columbia for
such fiscal year: Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are expended for
emergency or unanticipated operating or capital needs: Provided
further, <<NOTE: Compliance.>> That such increases shall be approved by
enactment of local District law and shall comply with all reserve
requirements contained in the District of Columbia Home Rule Act:
Provided further, That the Chief Financial Officer of the District of
Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2026, except
that the Chief Financial Officer may not
[[Page 140 STAT. 465]]
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations
Act, 2026''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,430,000, to remain
available until September 30, 2027, of which not to exceed $1,000 is for
official reception and representation expenses.
Commodity Futures Trading Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $365,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $80,000,000 shall
remain available until September 30, 2028, and of which not less than
$5,773,000 shall be for expenses of the Office of the Inspector General:
Provided, That <<NOTE: Contracts.>> notwithstanding the limitations in
31 U.S.C. 1553, amounts provided under this heading are available for
the liquidation of obligations equal to current year payments on leases
entered into prior to the date of enactment of this Act: Provided
further, That for the <<NOTE: Records. Contracts.>> purpose of recording
and liquidating any lease obligations that should have been recorded and
liquidated against accounts closed pursuant to 31 U.S.C. 1552, and
consistent with the preceding proviso, such amounts shall be transferred
to and recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation
[[Page 140 STAT. 466]]
expenses, $150,975,000, of which no less than $1,622,000 shall be for
salaries and expenses of the Office of the Inspector General, of which
$2,500,000 shall remain available until expended, to carry out the
program, including administrative costs, authorized by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140,
as amended), and of which $2,000,000 shall remain available until
expended, to carry out the program, including administrative costs,
authorized by section 204 of the Nicholas and Zachary Burt Memorial
Carbon Monoxide Poisoning Prevention Act of 2022 (title II of division Q
of Public Law 117-103).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2026, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the Consumer
Product Safety Commission in the Federal Register on November 19, 2014
(79 Fed. Reg. 68964) until after--
(1) <<NOTE: Study. Determination.>> the National Academy of
Sciences, in consultation with the National Highway Traffic
Safety Administration and the Department of Defense, completes a
study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements were
adopted; and
(2) <<NOTE: Reports.>> a report containing the results of
the study completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. <<NOTE: Gas stoves.>> None of the funds provided may be
used to promulgate, implement, administer, or enforce any regulation
issued by the U.S. Consumer Product Safety Commission to ban gas stoves
as a class of products.
[[Page 140 STAT. 467]]
Council of the Inspectors General on Integrity and Efficiency
salaries and expenses
For necessary expenses of the Council of the Inspectors General on
Integrity and Efficiency, as established pursuant to section 11(c)(3)(B)
of chapter 4 of title 5, United States Code, to utilize and further
develop the data analytics capabilities of the Pandemic Response
Accountability Committee to enhance transparency, to prevent, detect,
and remediate waste, fraud and abuse in Federal spending, and for
expenses related to enhancements to www.oversight.gov, $5,450,000, to
remain available until expended, of which $850,000 is for enhancements
to oversight.gov: Provided, That the amounts appropriated under this
heading shall be in addition to any other amounts available to the
Council of the Inspectors General on Integrity and Efficiency under
section 424 of title 5, United States Code.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $23,860,000, of which $1,500,000 shall be
made available to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002; and of which $1,354,169 shall be for necessary expenses of the
Office of the Inspector General and of which $8,000 shall be for
official reception and representation expenses: Provided, That of the
amounts appropriated under this heading, up to $2,500,000 shall remain
available until September 30, 2027.
election <<NOTE: State and local governments.>> security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of
2002 (52 U.S.C. 20904(c)(2)(B)), $45,000,000 is provided to the Election
Assistance Commission for necessary expenses to make payments to States
for activities to improve the administration of elections for Federal
office, including to enhance election technology and make election
security improvements, as authorized by sections 101, 103, and 104 of
such <<NOTE: Northern Mariana Islands.>> Act: Provided, That for
purposes of applying such sections, the Commonwealth of the Northern
Mariana Islands shall be deemed to be a State and, for purposes of
sections 101(d)(2) and 103(a) shall be treated in the same manner as the
Commonwealth of Puerto Rico, Guam, American Samoa, and the United States
Virgin Islands: Provided further, That each reference to the
``Administrator of General Services'' or the ``Administrator'' in
sections 101 and 103 shall be deemed to refer to the ``Election
Assistance Commission'': Provided further, That each reference to
``$5,000,000'' in section 103 shall be deemed to refer to ``$819,000''
and each reference to ``$1,000,000'' in section 103 shall be deemed to
refer to ``$162,000'': Provided further, <<NOTE: Deadline.>> That not
later than two years after receiving a payment under this heading, a
State shall make available funds for such activities in an amount equal
to 20 percent of the total amount of the payment made to the State under
this heading: Provided further,
[[Page 140 STAT. 468]]
That not <<NOTE: Deadline. Payments.>> later than 45 days after the date
of enactment of this Act, the Election Assistance Commission shall make
the payments to States under this heading: <<NOTE: Reports. Time
period.>> Provided further, That States shall submit quarterly financial
reports and annual progress reports: Provided further, That of the
amounts provided under this heading, $10,000,000 shall be paid from the
unobligated balances, as of the date of enactment of this Act, in the
fund established by section 9006(a) of the Internal Revenue Code of 1986
(26 U.S.C. 9006(a)).
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $416,112,000 to remain available until September 30, 2029:
Provided, That $416,112,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, shall be retained and used for necessary expenses and shall
remain available until September 30, 2029: Provided
further, <<NOTE: Reduction.>> That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2026 so as to result in a final fiscal year 2026 appropriation estimated
at $0: Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B),
proceeds from the use of a competitive bidding system that may be
retained and made available for obligation shall not exceed $132,681,000
for fiscal year 2026: Provided further, That, of the amount appropriated
under this heading, not less than $13,500,000 shall be for the salaries
and expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. <<NOTE: Applicability.>> Section 302 of Public Law 108-494
shall be applied as if ``and ending on December 31, 2024'' were struck.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004, recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$48,500,000, of which $1,500,000 shall remain available until expended,
to be derived from the Deposit Insurance Fund or, only when appropriate,
the FSLIC Resolution Fund.
[[Page 140 STAT. 469]]
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $80,857,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of conference
rooms in the District of Columbia and elsewhere, $29,500,000, of which
$1,271,000 shall be made available to support the Office of the
Inspector General: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as authorized
by 5 U.S.C. 3109: Provided further, That, notwithstanding 31 U.S.C.
3302, funds received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to and merged
with this account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $383,600,000, to remain available until
expended: Provided, That not less than $2,700,000 shall be for necessary
expenses of the Office of Inspector General: Provided further, That not
to exceed $300,000 shall be available for use to contract with a person
or persons for collection services in accordance with the terms of 31
U.S.C. 3718: Provided further, That not less than $10,000,000 shall be
available for the programs and activities authorized by the TAKE IT DOWN
Act (Public Law 119-12): Provided further, That, notwithstanding any
other provision of law, not to exceed $310,000,000 of offsetting
collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation: Provided further,
That, notwithstanding any other provision of law, not to exceed
$15,000,000 in offsetting collections derived from fees to implement and
enforce the Telemarketing Sales Rule, promulgated
[[Page 140 STAT. 470]]
under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15
U.S.C. 6101 et seq.), shall be credited to this account, and be retained
and used for necessary expenses in this appropriation: Provided
further, <<NOTE: Reduction.>> That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections are
received during fiscal year 2026 so as to result in a final fiscal year
2026 appropriation from the general fund estimated at no more than
$58,600,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts <<NOTE: Advance approvals.>> in the Fund, including revenues
and collections deposited into the Fund, shall be available for
necessary expenses of real property management and related activities
not otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of buildings
in the District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation, and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings, including grounds, approaches,
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$9,686,761,000, of which--
(1) $165,661,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services), in
addition to amounts otherwise provided for such purposes, as
follows:
Connecticut:
Hartford, U.S. Courthouse, $10,000,000;
Puerto Rico:
San Juan, Clemente Ruiz-Nazario U.S.
Courthouse and Federico Degetau Federal Building,
$20,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $43,500,000;
Memphis, Odell Horton Federal Building,
$1,500,000;
Washington:
[[Page 140 STAT. 471]]
Seattle, National Archives Replacement
Facility, $30,000,000; and
Environmental Remediation, $60,661,000:
Provided, That each of the foregoing limits of costs on
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but not
to exceed 20 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate of a greater amount;
(2) $933,553,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise provided
for such purposes, of which--
(A) $239,000,000 is for Major Repairs and
Alterations;
(B) $479,000,000 is for Basic Repairs and
Alterations; and
(C) $215,553,000 is for Special Emphasis Programs:
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act
may be increased by an amount not to exceed 20 percent unless
advance approval is obtained from the Committees on
Appropriations of the House of Representatives and the Senate of
a greater amount: Provided further, That additional projects for
which prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations of the House of Representatives and
the Senate: <<NOTE: Compliance.>> Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming guidelines
of the appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the
heading ``Repairs and Alterations'', may be transferred to
``Basic Repairs and Alterations'' or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for ``Basic Repairs and
Alterations'' may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects;
(3) $5,574,593,000 for rental of space to remain available
until expended; and
(4) $3,012,954,000 for building operations to remain
available until expended: <<NOTE: Proposed
prospectus.>> Provided, <<NOTE: Advance approval.>> That the
total amount of funds made available from this Fund to the
General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C.
3307(a), has not been approved, except that necessary funds may
be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That
funds available in the Federal Buildings
[[Page 140 STAT. 472]]
Fund may be expended for emergency repairs when advance approval
is obtained from the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That
amounts necessary to provide reimbursable special services to
other agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during
fiscal year 2026, excluding reimbursements under 40 U.S.C.
592(b)(2), in excess of the aggregate new obligational authority
authorized for Real Property Activities of the Federal Buildings
Fund in this Act shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy associated with the management of real and
personal property assets and certain administrative services;
Government-wide policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management, and related
technology activities; and services as authorized by 5 U.S.C. 3109; and
evaluation activities as authorized by statute; $64,000,000, of which
$4,000,000 shall remain available until September 30, 2027.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction and management; and services as authorized by 5 U.S.C. 3109;
$48,000,000, of which not to exceed $7,500 is for official reception and
representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$10,248,000, of which $2,000,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $73,837,000: Provided, That not to
exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
[[Page 140 STAT. 473]]
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $5,353,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C.
3604; and for necessary expenses authorized by law in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically through the development and
implementation of innovative uses of information technology;
$70,000,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until expended
for necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604
and for necessary expenses in support of interagency projects that
enable the Federal Government to enhance its ability to conduct
activities electronically through the development and implementation of
innovative uses of information technology in the aggregate amount not to
exceed $150,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal year
2026 in excess of such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts:
Provided further, That, of the total amount appropriated, up to
$5,000,000 shall be available for support functions and full-time hires
to support activities related to the Administration's requirements under
title II of the Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435): Provided further, That the transfer authorities
provided herein shall be in addition to any other transfer authority
provided in this Act.
technology modernization fund
For carrying out the purposes of the Technology Modernization Fund,
as authorized by section 1078 of subtitle G of the title X of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 40 U.S.C. 11301 note), $5,000,000, to remain available until
expended.
asset proceeds and space management fund
For carrying out section 16(b) of the Federal Asset Sales and
Transfer Act of 2016 (40 U.S.C. 1303 note), $143,328,000, to remain
available until expended.
[[Page 140 STAT. 474]]
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2026 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, <<NOTE: Advance approval.>> That any
proposed transfers shall be approved in advance by the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 522. <<NOTE: Courts. Study.>> Except as otherwise provided in
this title, funds made available by this Act shall be used to transmit a
fiscal year 2027 request for United States Courthouse construction only
if the request: (1) meets the design guide standards for construction as
established and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Management
and Budget; (2) reflects the priorities of the Judicial Conference of
the United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 523. <<NOTE: Determination.>> None of the funds provided in
this Act may be used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any agency that
does not pay the rate per square foot assessment for space and services
as determined by the General Services Administration in consideration of
the Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. <<NOTE: Notification.>> From funds made available under
the heading ``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000 arising
from direct construction projects and acquisition of buildings may be
liquidated from savings effected in other construction projects with
prior notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. <<NOTE: Contracts. Determination. Statement.>> In any
case in which the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority pursuant
to a prospectus transmitted to Congress by the Administrator of the
General Services Administration under 40 U.S.C. 3307, the Administrator
shall ensure that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. <<NOTE: Spending plan. Deadline.>> With respect to
projects funded under the heading ``Federal Citizen Services Fund'', the
Administrator of General Services shall submit a spending plan and
explanation for each project to be undertaken to the Committees on
Appropriations of the House
[[Page 140 STAT. 475]]
of Representatives and the Senate not later than 60 days after the date
of enactment of this Act.
Sec. 527. <<NOTE: Notifications.>> For an additional amount to be
deposited in the ``Federal Buildings Fund'', $23,612,000, to remain
available until expended, which shall be for initiatives related to
Repairs and Alterations, in the amounts and for the projects specified
in the table that appears under the heading ``Administrative
Provisions--General Services Administration'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That if any of the projects specified
in this section experience a funding deficiency due to unforeseen cost
over runs for that project that will create a risk to project
completion, the Administrator of the General Services Administration
shall immediately notify the Committees on Appropriations of the House
of Representatives and the Senate of the amount of and the reason for
such deficiency: Provided further, That if any of the projects specified
in this section do not need all of the amounts provided for project
completion, the Administrator of the General Services Administration
shall immediately notify the Committees on Appropriations of the House
of Representatives and the Senate of the amount of and the reason that
such funding that is not needed for project completion: Provided
further, That none of the funds made available by this section may be
transferred for any other purpose.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $2,970,000, to remain
available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $49,135,000, to remain available until
September 30, 2027, and in addition not to exceed $2,345,000, to remain
available until September 30, 2027, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
[[Page 140 STAT. 476]]
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,582,000, to remain available for direct
expenditure until September 30, 2029, of which, notwithstanding sections
8 and 9 of such Act, up to $1,000,000 shall be available to carry out
the activities authorized by section 6(7) of Public Law 102-259 and
section 817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That
all current and previous amounts transferred to the Office of Inspector
General of the Department of the Interior will remain available until
expended for audits and investigations of the Morris K. Udall and
Stewart L. Udall Foundation, consistent with chapter 4 of title 5,
United States Code, and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289): Provided
further, That previous amounts transferred to the Office of Inspector
General of the Department of the Interior may be transferred to the
Morris K. Udall and Stewart L. Udall Foundation for annual independent
financial audits pursuant to the Accountability of Tax Dollars Act of
2002 (Public Law 107-289): Provided further, That any interest earned
during fiscal year 2026 from investments made from discretionary
appropriations to the Morris K. Udall and Stewart L. Udall Trust Fund
after the date specified in 20 U.S.C. 5606(b)(1) shall be available
until expended.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,862,000, to remain available until September
30, 2029.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $421,000,000, of which up to $30,000,000 shall remain
available until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and store
Government records.
[[Page 140 STAT. 477]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and chapter 4 of title 5,
United States Code, and for the hire of passenger motor vehicles,
$5,920,000, of which $897,000 is available until September 30, 2027.
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and to provide adequate storage for holdings, $8,000,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000, to
remain available until September 30, 2029.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $14,344,000 shall
be available until one year after the date of enactment of this Act,
which shall be for initiatives in the amounts and for the projects
specified in the table that appears under the heading ``Administrative
Provision--National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,465,000 shall be
available until September 30, 2027, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to chapter 131 of title 5, United States
Code, the Ethics Reform Act of 1989, and the Representative Louise
McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012,
including services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $23,037,000.
[[Page 140 STAT. 478]]
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
and payment of per diem and/or subsistence allowances to employees where
Voting Rights Act activities require an employee to remain overnight at
his or her post of duty, $167,535,000: Provided, That of the total
amount made available under this heading, $10,898,000 may remain
available until expended, for information technology modernization, and
shall be in addition to funds otherwise made available for such
purposes; and in addition $214,605,000, for administrative expenses, to
be transferred from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed materials, for
the retirement and insurance programs: Provided further, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this appropriation shall
be available for salaries and expenses of the Legal Examining Unit of
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2026, accept
donations of money, property, and personal services: Provided
further, <<NOTE: Donations.>> That such donations, including those from
prior years, may be used for the development of publicity materials to
provide information about the White House Fellows, except that no such
donations shall be accepted for travel or reimbursement of travel
expenses, or for the salaries of employees of such Commission: Provided
further, That not to exceed 5 percent of amounts made available under
this heading may be transferred to an information technology working
capital fund established for purposes authorized by subtitle G of title
X of division A of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 40 U.S.C. 11301 note): Provided
further, <<NOTE: Notification. Approval. Time period.>> That the OPM
Director shall notify, and receive approval from, the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer under the preceding proviso: Provided
further, That amounts transferred to such a fund under such transfer
authority from any organizational category of OPM shall not exceed 5
percent of each such organizational category's budget as identified in
the report required by section 608 of this Act: Provided further, That
amounts transferred to such a fund shall remain available for obligation
through September 30, 2029.
[[Page 140 STAT. 479]]
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $6,839,000, and in addition, not to exceed $29,192,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles, $31,585,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $13,700,000, to
remain available until September 30, 2027.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $3,605,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $2,149,000,000, to remain available until
expended; of which not less than $20,050,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be available
for a permanent secretariat for the
[[Page 140 STAT. 480]]
International Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for consultations and
meetings hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs to
exchange views concerning securities matters, such expenses to include
necessary logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance including: (1)
incidental expenses such as meals; (2) travel and transportation; and
(3) related lodging or subsistence: Provided, That any unobligated
balances from funds made available under this heading in prior Acts for
replacement leases for the Commission's headquarters and other regional
office facilities may be used for such purposes at any Commission office
facility, notwithstanding provisos in such Acts limiting use to
particular office facilities, and notwithstanding provisos in such Acts
requiring that de-obligated amounts derived from the general fund be
returned to the general fund or that de-obligated amounts derived from
fees or assessments be paid to national securities exchanges and
national securities associations in proportion to any fees or
assessments paid by such national securities exchange or national
securities association.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2026, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2026:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $2,149,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account: Provided
further, <<NOTE: Reduction.>> That the total amount appropriated under
this heading from the general fund for fiscal year 2026 shall be reduced
as such offsetting fees are received so as to result in a final total
fiscal year 2026 appropriation from the general fund estimated at not
more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$1,000 for official reception and representation expenses; $31,300,000:
Provided, <<NOTE: President.>> That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the
interest of national defense: Provided further, That <<NOTE: Military
induction.>> none of the funds appropriated by this Act may be expended
for or in connection with the induction of any person into the Armed
Forces of the United States.
[[Page 140 STAT. 481]]
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $323,118,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities, of which no more than $30,000,000 shall remain available
until September 30, 2027, for information technology systems and
activities, and shall be in addition to amounts otherwise available for
such purposes: Provided, <<NOTE: Fees.>> That the Administrator is
authorized to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
received from all such activities shall be credited to this account, to
remain available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2026: Provided
further, That $15,500,000 shall be available for costs associated with
the certification of small business concerns owned and controlled by
veterans or service-disabled veterans under sections 36A and 36 of the
Small Business Act (15 U.S.C. 657f-1; 657f), respectively, and section
862 of Public Law 116-283, to be available until September 30, 2027:
Provided further, <<NOTE: Reports.>> That not later than 180 days after
the enactment of this Act, the Small Business Administration shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the number FTE, funding
obligated, and city and state for each district and regional office
during the previous fiscal year and the number of FTE, funding level,
and city and state for the current fiscal year for each district and
regional office: Provided further, <<NOTE: Data.>> That district
offices shall collect data on the number of constituents served each
fiscal year.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $330,000,000, of which $82,000,000 shall
remain available until September 30, 2027: Provided, That amounts made
available under this heading may not be transferred pursuant to section
540 of this Act: Provided further, That of the amount appropriated under
this heading--
(1) $150,000,000 shall be available to fund grants for
performance as authorized by section 21 of the Small Business
Act (15 U.S.C. 648), of which $30,000,000 shall remain available
until September 30, 2027;
(2) $41,000,000 shall be available for marketing,
management, and technical assistance under section 7(m)(4) of
the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries
that make microloans under the microloan program, of which
$8,200,000 shall remain available until September 30, 2027;
[[Page 140 STAT. 482]]
(3) $20,000,000, to remain available until September 30,
2027, shall be available for grants to States to carry out
export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C.
649(l));
(4) $27,000,000 shall be available for the Women's Business
Center program described in section 29 of the Small Business Act
(15 U.S.C. 656), of which $5,400,000 shall remain available
until September 30, 2027;
(5) $21,400,000 shall be available for conducting outreach
to veterans, including through the Boots to Business Program
established under section 32(h) of the Small Business Act (15
U.S.C. 657b(h)) and Veteran Business Outreach Centers, of which
$4,280,000 shall remain available until September 30, 2027;
(6) $17,000,000 shall be available for the Service Corps of
Retired Executives established under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B)), of which $3,400,000
shall remain available until September 30, 2027;
(7) $9,000,000 shall be available for grants and cooperative
agreements under the Federal and State Technology Partnership
Program under section 34 of the Small Business Act (15 U.S.C.
657d), of which $1,800,000 shall remain available until
September 30, 2027;
(8) $9,000,000 shall be available for the Regional
Innovation Cluster Initiative, of which $1,800,000 shall remain
available until September 30, 2027;
(9) $7,000,000 shall be available for providing technical
assistance under the Program for Investors in
Microentrepreneurs, of which $1,400,000 shall remain available
until September 30, 2027;
(10) $9,000,000 shall be available for grants to growth
accelerators to assist entrepreneurs to start and scale their
businesses, of which $1,800,000 shall remain available until
September 30, 2027;
(11) $5,300,000 shall be available for the Office of Native
American Affairs to carry out the outreach activities for Native
American-owned small businesses, of which $1,060,000 shall
remain available until September 30, 2027;
(12) $3,800,000 shall be available for financial assistance
for the program established under section 7(j) of the Small
Business Act (15 U.S.C. 636(j)), of which $760,000 shall remain
available until September 30, 2027;
(13) $4,000,000 shall be available for technical and
certification assistance for the HUBZone program established
under section 31 of the Small Business Act (15 U.S.C. 657a), of
which $800,000 shall remain available until September 30, 2027;
(14) $2,000,000 shall be available to provide
entrepreneurship education, of which $400,000 shall remain
available until September 30, 2027;
(15) $3,000,000 shall be available to make grants under the
Cybersecurity for Small Businesses Pilot Program, of which
$600,000 shall remain available until September 30, 2027; and
(16) $1,500,000 shall be available for the National Women's
Business Council established under section 405 of the Women's
Business Ownership Act of 1988 (15 U.S.C. 7105), of which
$300,000 shall remain available until September 30, 2027.
[[Page 140 STAT. 483]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$37,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$10,109,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2026 commitments to
guarantee loans under section 503 of the Small Business Investment Act
of 1958 and commitments for loans authorized under subparagraph (C) of
section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C.
696(7)) shall not exceed, in the aggregate, $16,500,000,000: Provided
further, That during fiscal year 2026 commitments for general business
loans authorized under paragraphs (1) through (35) of section 7(a) of
the Small Business Act shall not exceed $35,500,000,000 for a
combination of amortizing term loans and the aggregated maximum line of
credit provided by revolving loans: Provided further, That during fiscal
year 2026 commitments to guarantee loans for debentures under section
303(b) of the Small Business Investment Act of 1958 shall not exceed
$6,000,000,000: Provided further, That during fiscal year 2026,
guarantees of trust certificates authorized by section 5(g) of the Small
Business Act shall not exceed a principal amount of $15,000,000,000. In
addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $158,000,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
To carry out the direct loan program authorized by section 7(b) of
the Small Business Act, $282,000,000, to be available until expended, of
which $1,600,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster loans and the
disaster loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$197,000,000 is for direct administrative expenses of loan making and
servicing to carry out the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses; of
which $8,400,000 is for indirect administrative expenses for the direct
loan program, which may be transferred to and merged with the
appropriations
[[Page 140 STAT. 484]]
for Salaries and Expenses; and of which $75,000,000 is for the cost of
direct loans and that such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided, That, of the funds provided under this heading,
$250,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2)): Provided further, That the amount for major disasters
under this heading is designated by the Congress as being for disaster
relief pursuant to a concurrent resolution on the budget.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. <<NOTE: Advance approval.>> Not to exceed 3 percent of
any appropriation made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses'' and
``Business Loans Program Account'' may be transferred to the
Administration's information technology system modernization and working
capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of
division A of the National Defense Authorization Act for Fiscal Year
2018, for the purposes specified in section 1077(b)(3) of such Act, upon
the advance approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2029.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $106,862,000, which shall be
for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and acquisition
activities, in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That, notwithstanding sections 2701.92 and 2701.93 of title 2,
Code of Federal Regulations, the Administrator of the Small Business
Administration may permit awards to subrecipients for initiatives funded
under this section: Provided further, That none of the funds made
available by this section may be transferred for any other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $38,360,000:
[[Page 140 STAT. 485]]
Provided, <<NOTE: Mail.>> That mail for overseas voting and mail for
the blind shall continue to be free: Provided further, That none of the
funds made available to the Postal Service by this Act shall be used to
implement any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement agency, or any
individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning an
address of a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close small rural
and other small post offices: Provided further, That the Postal Service
may not destroy, and shall continue to offer for sale, any copies of the
Multinational Species Conservation Funds Semipostal Stamp, as authorized
under the Multinational Species Conservation Funds Semipostal Stamp Act
of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States Code,
$274,000,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses <<NOTE: Certificate.>>
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses, $55,000,000, of which
$1,000,000 shall remain available until expended: Provided, That travel
expenses of the judges shall be paid upon the written certificate of the
judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, except for transfers made pursuant
to the authority in section 3173(d) of title 40, United States Code,
unless expressly so provided herein.
Sec. 603. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
[[Page 140 STAT. 486]]
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. <<NOTE: Compliance.>> No funds appropriated pursuant to
this Act may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83 of title
41, United States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. <<NOTE: Advance approval.>> Except as otherwise provided
in this Act, none of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2026, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific activity
by the Committee on Appropriations of either the House of
Representatives or the Senate for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or reorganizes offices, programs, or activities unless prior
approval is received from the Committees on Appropriations of the House
of Representatives and the Senate: Provided, <<NOTE: Consultation.>>
That prior to any significant reorganization, restructuring, relocation,
or closing of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations
of the House of Representatives and the Senate: Provided
further, <<NOTE: Reports.>> That not later than 60 days after the date
of enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided further, <<NOTE: Applicability.>> That at a minimum the report
shall include: (1) a table for each appropriation, detailing both full-
time employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted
[[Page 140 STAT. 487]]
level; (2) a delineation in the table for each appropriation and its
respective prior year enacted level by object class and program,
project, and activity as detailed in this Act, in the accompanying
report, or in the budget appendix for the respective appropriation,
whichever is more detailed, and which shall apply to all items for which
a dollar amount is specified and to all programs for which new budget
authority is provided, as well as to discretionary grants and
discretionary grant allocations; and (3) an identification of items of
special congressional interest: Provided further, <<NOTE: Penalties.>>
That the amount appropriated or limited for salaries and expenses for an
agency shall be reduced by $100,000 per day for each day after the
required date that the report has not been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2026 from appropriations made available for salaries and
expenses for fiscal year 2026 in this Act, shall remain available
through September 30, 2027, for each such account for the purposes
authorized: Provided, <<NOTE: Advance approval.>> That a request shall
be submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, <<NOTE: Compliance.>> That these requests
shall be made in compliance with reprogramming guidelines.
Sec. 610. <<NOTE: Background investigation.>> (a) None of the funds
made available in this Act may be used by the Executive Office of the
President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) <<NOTE: Determination. Tax exemption.>> a determination
with respect to the treatment of an organization as described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code from the
Department of the Treasury or the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) <<NOTE: Deadline.>> in the case of an official
background investigation report, if such individual has given
express written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter 15
of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
[[Page 140 STAT. 488]]
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person or entity subject to regulation by such agency or
commission, unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
Sec. 617. <<NOTE: Contracts. Consultation.>> (a)(1) Notwithstanding
any other provision of law, an Executive agency covered by this Act
otherwise authorized to enter into contracts for either leases or the
construction or alteration of real property for office, meeting,
storage, or other space must consult with the General Services
Administration before issuing a solicitation for offers of new leases or
construction contracts, and in the case of succeeding leases, before
entering into negotiations with the current lessor.
(2) <<NOTE: President.>> Any such agency with authority to enter
into an emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect to such
agency.
(b) <<NOTE: Definition.>> For purposes of this section, the term
``Executive agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
[[Page 140 STAT. 489]]
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 619. <<NOTE: Reports. Compliance.>> None of the funds made
available in this Act may be used by the Federal Trade Commission to
complete the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency Working Group
on Food Marketed to Children complies with Executive Order No. 13563.
Sec. 620. <<NOTE: Allocation.>> (a) The head of each executive
branch agency funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in decisions
regarding the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is in
electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the United States.
Sec. 623. <<NOTE: Records.>> No funds provided in this Act shall be
used to deny an Inspector General funded under this Act timely access to
any records, documents, or other materials available to the department
or agency over which that Inspector General has responsibilities under
chapter 4 of title 5, United States Code, or to prevent or impede that
Inspector General's access to such records, documents, or other
materials, under any provision of law, except a provision of law that
expressly refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency covered by
this section shall provide its Inspector General with access to all such
records, documents, and other materials in a timely
manner. <<NOTE: Compliance.>> Each Inspector General shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the establishment over which that
[[Page 140 STAT. 490]]
Inspector General has responsibilities under chapter 4 of title 5,
United States Code. <<NOTE: Reports. Compliance.>> Each Inspector
General covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate within 5
calendar days any failures to comply with this requirement.
Sec. 624. <<NOTE: Communications and tele- communications.>> None
of the funds appropriated by this Act may be used by the Federal
Communications Commission to modify, amend, or change the rules or
regulations of the Commission for universal service high-cost support
for competitive eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title
47, Code of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission from
considering, developing, or adopting other support mechanisms as an
alternative to Mobility Fund Phase II: Provided further, That any such
alternative mechanism shall maintain existing high-cost support to
competitive eligible telecommunications carriers until support under
such mechanism commences.
Sec. 625. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, Tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-
related activity.
Sec. 626. <<NOTE: Contracts. Determination.>> None of the funds
appropriated or other-wise made available by this Act may be used to pay
award or incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program and unless such awards or
incentive fees are consistent with section 16.401(e)(2) of the Federal
Acquisition Regulation.
Sec. 627. <<NOTE: Conference
attendees. Determinations. Notifications.>> (a) None of the funds made
available under this Act may be used to pay for travel and conference
activities that result in a total cost to an Executive branch
department, agency, board or commission funded by this Act of more than
$500,000 at any single conference unless the agency or entity determines
that such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention
[[Page 140 STAT. 491]]
of sections 301-10.122 through 301-10.125 of title 41, Code of Federal
Regulations.
Sec. 629. <<NOTE: Notification.>> None of the funds made available
by this Act may be obligated on contracts in excess of $5,000 for public
relations, as that term is defined in Office and Management and Budget
Circular A-87 (revised May 10, 2004), unless advance notice of such an
obligation is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 630. Federal agencies funded under this Act shall clearly state
within the text, audio, or video used for advertising or educational
purposes, including emails or Internet postings, that the communication
is printed, published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the agency
for advertising or other communications regarding the programs and
activities of the agency.
Sec. 631. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 632. None of the funds made available by this Act shall be used
by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 633. <<NOTE: Time period. Reports.>> Not later than 45 days
after the last day of each quarter, each agency funded in this Act shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a quarterly budget report that includes
total obligations of the Agency for that quarter for each appropriation,
by the source year of the appropriation.
Sec. 634. <<NOTE: Deadline.>> Of the unobligated balances available
in the Department of the Treasury, Treasury Forfeiture Fund, established
by section 9703 of title 31, United States Code, $300,000,000 shall be
permanently rescinded not later than September 30, 2026.
Sec. 635. The unobligated balances from prior years appropriations
provided for the Special Inspector General for Pandemic Recovery are
permanently rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. <<NOTE: Drug-free workplace.>> No department, agency, or
instrumentality of the United States receiving appropriated funds under
this or any other Act for fiscal year 2026 shall obligate or expend any
such funds,
[[Page 140 STAT. 492]]
unless such department, agency, or instrumentality has in place, and
will continue to administer in good faith, a written policy designed to
ensure that all of its workplaces are free from the illegal use,
possession, or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers and employees
of such department, agency, or instrumentality.
Sec. 702. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 1343(c) of title 31, United States Code, for the
purchase of any passenger motor vehicle (exclusive of buses, ambulances,
vans, law enforcement vehicles, protective vehicles, undercover
surveillance vehicles, and police-type vehicles), is hereby fixed at
$40,000 except station wagons for which the maximum shall be $41,140:
Provided, That these limits may be exceeded by not to exceed $7,775 for
police-type vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified in
law during the current fiscal year, no part of any appropriation
contained in this or any other Act shall be used to pay the compensation
of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent resident and then
a citizen when eligible; or (4) is a person who owes allegiance to the
United States: Provided, <<NOTE: Affidavits. Compliance.>> That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, <<NOTE: Affidavits.>> That for purposes of paragraphs (2) and
(3) such affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, <<NOTE: Penalties.>> That
any person making a false affidavit shall be guilty of a felony, and
upon conviction, shall be fined no more than $4,000 or imprisoned for
not more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
[[Page 140 STAT. 493]]
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section shall
be recoverable in action by the Federal Government: Provided
further, <<NOTE: Time period.>> That this section shall not apply to
any person who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emergencies:
Provided further, <<NOTE: Time period.>> That this section does not
apply to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the Interior or
the USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
(December 8, 2021), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
[[Page 140 STAT. 494]]
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. <<NOTE: Notification.>> During the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. <<NOTE: Definition.>> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. <<NOTE: Certification.>> (a) None of the funds made
available by this or any other Act may be obligated or expended by any
department, agency, or other instrumentality of the Federal Government
to pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title 5,
United States Code, (pursuant to schedule C of subpart C of part 213 of
title 5 of the Code of Federal Regulations) unless the head of the
applicable department, agency, or other instrumentality employing such
schedule C individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by the
individual was not created solely or primarily in order to detail the
individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
[[Page 140 STAT. 495]]
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. <<NOTE: Propaganda. Lobbying.>> No part of any funds
appropriated in this or any other Act shall be used by an agency of the
executive branch, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio, television, or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the Committees
on Appropriations of the House of Representatives and the Senate.
Sec. 718. <<NOTE: Propaganda.>> No part of any appropriation
contained in this or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda purposes
within the United States not heretofore authorized by Congress.
Sec. 719. (a) <<NOTE: Definition.>> In this section, the term
``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
[[Page 140 STAT. 496]]
(2) includes a military department, as defined under section
102 of such title and the United States Postal Service.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. <<NOTE: Reimbursement.>> Notwithstanding 31 U.S.C. 1346
and section 708 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these funds shall be administered by the Administrator of General
Services to support Government-wide and other multi-agency financial,
information technology, procurement, and other management innovations,
initiatives, and activities, including improving coordination and
reducing duplication, as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate interagency
and multi-agency groups designated by the Director (including the
President's Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council for
information technology initiatives, the Chief Human Capital Officers
Council for human capital initiatives, the Chief Acquisition Officers
Council for procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided further, That
the total funds transferred or reimbursed shall not exceed $15,000,000
to improve coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by 31 U.S.C.
1120, and not to exceed $17,000,000 for Government-wide innovations,
initiatives, and activities: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Government-Wide Policy'' during fiscal year 2026 shall
remain available for obligation through September 30, 2027: Provided
further, <<NOTE: Deadline. Spend plan.>> That not later than 90 days
after enactment of this Act, the Director of the Office of Management
and Budget, in consultation with the Administrator of General Services,
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Oversight and
Accountability of the House of Representatives a detailed spend plan for
the funds to be transferred or reimbursed: Provided
further, <<NOTE: Spend plan.>> That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized under this
section and the estimate of amounts to be transferred or reimbursed in
fiscal year 2026; (ii) a detailed breakdown of the purposes for
[[Page 140 STAT. 497]]
all funds estimated to be transferred or reimbursed pursuant to this
section (including total number of personnel and costs for all staff
whose salaries are provided for by this section); (iii) where
applicable, a description of the funds intended for use by or for the
benefit of each executive council; and (iv) where applicable, a
description of the funds intended for use by or for the implementation
of specific laws passed by Congress: Provided further, <<NOTE: Time
period. Notification.>> That no transfers or reimbursements may be made
pursuant to this section until 15 days following notification of the
Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 722. <<NOTE: Breastfeeding.>> Notwithstanding any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, <<NOTE: Reports.>> That the Office of
Management and Budget shall provide a report describing the budget of
and resources connected with the National Science and Technology Council
to the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Science, Space, and Technology, and
the Senate Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. <<NOTE: Compliance.>> Any request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2, Code of
Federal Regulations: Provided, <<NOTE: Applicability.>> That this
section shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
[[Page 140 STAT. 498]]
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) <<NOTE: Contracts. Drugs and drug
abuse. Contraceptives.>> None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) <<NOTE: Religion.>> Nothing in this section shall apply to a
contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 727. <<NOTE: Anti-doping.>> The United States is committed to
ensuring the health of its Olympic, Pan American, and Paralympic
athletes, and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. <<NOTE: Contracts. Advance approval.>> Notwithstanding
any other provision of law, no executive branch agency shall purchase,
construct, or lease any additional facilities, except within or
contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval
of the Committees on Appropriations
[[Page 140 STAT. 499]]
of the House of Representatives and the Senate, except that the Federal
Law Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. <<NOTE: News stories.>> Unless otherwise authorized by
existing law, none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States, unless the
story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. <<NOTE: Contracts.>> (a) In General.--None of the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.
(b) Waivers.--
(1) <<NOTE: Determination.>> In general.--Any Secretary
shall waive subsection (a) with respect to any Federal
Government contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2026, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) <<NOTE: Remittance.>> retires under any other provision
of subchapter III of chapter 83 or chapter 84 of such title 5
and receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service Retirement
and Disability Fund an amount equal to the Office of Personnel
Management's average unit cost of processing a retirement claim
for the preceding fiscal year. Such amounts shall be available
until expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. <<NOTE: Contracts.>> (a) None of the funds made available
in this or any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
[[Page 140 STAT. 500]]
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office'' has
the meaning given such term in the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.).
Sec. 736. <<NOTE: Portrait painting.>> None of the funds made
available in this or any other Act may be used to pay for the painting
of a portrait of an officer or employee of the Federal Government,
including the President, the Vice President, a Member of Congress
(including a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title 41,
United States Code), or the head of an office of the legislative branch.
Sec. 737. <<NOTE: 5 USC 5343 note.>> (a)(1) Notwithstanding any
other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2026,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2026, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2026, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2026 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2026 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) <<NOTE: Determination. Regulations.>> For the purposes of this
subsection, the rates payable to an employee who is covered by this
subsection and who is paid from a schedule not in existence on September
30, 2025, shall be determined under regulations prescribed by the Office
of Personnel Management.
[[Page 140 STAT. 501]]
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2025, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) <<NOTE: Applicability.>> This subsection shall apply with
respect to pay for service performed after September 30, 2025.
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) <<NOTE: Determination.>> The Office of Personnel Management may
provide for exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to ensure the
recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2026
under sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) <<NOTE: Effective date.>> effective as of the first day
of the first applicable pay period beginning after September 30,
2025.
Sec. 738. (a) <<NOTE: Reports. Contracts.>> The head of any
Executive branch department, agency, board, commission, or office funded
by this or any other appropriations Act shall submit annual reports to
the Inspector General or senior ethics official for any entity without
an Inspector General, regarding the costs and contracting procedures
related to each conference held by any such department, agency, board,
commission, or office during fiscal year 2026 for which the cost to the
United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
[[Page 140 STAT. 502]]
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) <<NOTE: Deadline. Time period. Notification.>> Within 15 days
after the end of a quarter, the head of any such department, agency,
board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General, of
the date, location, and number of employees attending a conference held
by any Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2026
for which the cost to the United States Government was more than
$20,000.
(d) <<NOTE: Grants. Contracts.>> A grant or contract funded by
amounts appropriated by this or any other appropriations Act may not be
used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding
for a program, project, or activity as proposed in the President's
budget request for a fiscal year until such proposed change is
subsequently enacted in an appropriation Act, or unless such change is
made pursuant to the reprogramming or transfer provisions of this or any
other appropriations Act.
Sec. 740. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 741. None of the funds appropriated or otherwise made available
by this or any other Act may be used to begin or announce a study or
public-private competition regarding the conversion to contractor
performance of any function performed by Federal employees pursuant to
Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) <<NOTE: Grants. Contracts. Confidentiality
agreements.>> None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse
[[Page 140 STAT. 503]]
to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. <<NOTE: Nondisclosure agreements.>> (a) No funds
appropriated in this or any other Act may be used to implement or
enforce the agreements in Standard Forms 312 and 4414 of the Government
or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ``These
provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created
by existing statute or Executive order relating to (1) classified
information, (2) communications to Congress, (3) the reporting to an
Inspector General or the Office of Special Counsel of a violation of any
law, rule, or regulation, or mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by controlling Executive orders and statutory
provisions are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this section,
a nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United States
Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec.
744. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax
liability. Determination.>> None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to, any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered
[[Page 140 STAT. 504]]
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec.
745. <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
l violations. Time period. Determination.>> None of the funds made
available by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that was
convicted of a felony criminal violation under any Federal law within
the preceding 24 months, where the awarding agency is aware of the
conviction, unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 746. <<NOTE: Notifications.>> (a) During fiscal year 2026, on
the date on which a request is made for a transfer of funds in
accordance with section 1017 of Public Law 111-203, the Bureau of
Consumer Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) <<NOTE: Public information. Web posting.>> Any notification
required by this section shall be made available on the Bureau's public
website.
Sec. 747. <<NOTE: 5 USC 5303 note.>> (a) Notwithstanding any
official rate adjusted under section 104 of title 3, United States Code,
the rate payable to the Vice President during calendar year 2026 shall
be the rate payable to the Vice President on December 31, 2025, by
operation of section 747 of division B of Public Law 118-47, as
continued in effect and modified by section 1605 of title VI of division
A of Public Law 119-4 (as continued in effect and modified by division A
of Public Law 119-37).
(b) Notwithstanding any official rate adjusted under section 5318 of
title 5, United States Code, or any other provision of law, the payable
rate during calendar year 2026 for an employee serving in an Executive
Schedule position, or in a position for which the rate of pay is fixed
by statute at an Executive Schedule rate, shall be the rate payable for
the applicable Executive Schedule level on December 31, 2025, by
operation of section 747 of division B of Public Law 118-47, as
continued in effect and modified by section 1605 of title VI of division
A of Public Law 119-4 (as continued in effect and modified by division A
of Public Law 119-37).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission or
ambassador at large is subject to subsection (b) in the same manner as
other employees who are paid at an Executive Schedule rate.
(d)(1) <<NOTE: Applicability.>> This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for level
IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United States
Code, an employee described in paragraph (1) may not
[[Page 140 STAT. 505]]
receive a pay rate increase during calendar year 2026, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase during
calendar year 2026, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under section
302(b) of the Foreign Service Act of 1980 (Public Law 96-465) for such
time as that election is in effect.
(i) <<NOTE: Effective date.>> Notwithstanding subsections (b)
through (e), an employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered position
only if that new position has higher-level duties and a pre-established
level or range of pay higher than the level or range for the position
held immediately before the movement. Any such increase must be based on
the rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2025, by operation of section 747 of division B
of Public Law 118-47, as continued in effect and modified by section
1605 of title VI of division A of Public Law 119-4 (as continued in
effect and modified by division A of Public Law 119-37).
(j) <<NOTE: Effective date.>> Notwithstanding any other provision
of law, for an individual who is newly appointed to a covered position
during the period of time subject to this section, the initial pay rate
shall be based on the rates of pay and applicable limitations on payable
rates of pay in effect on December 31, 2025, by operation of section 747
of division B of Public Law 118-47, as continued in effect and modified
by section 1605 of title VI of division A of Public Law 119-4 (as
continued in effect and modified by division A of Public Law 119-37).
(k) <<NOTE: Applicability.>> If an employee affected by this
section is subject to a biweekly pay period that begins in calendar year
2026 but ends in calendar year 2027, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay period.
(l) <<NOTE: Definition.>> For the purpose of this section, the term
``covered position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) <<NOTE: Effective date.>> This section takes effect on the
first day of the first applicable pay period beginning on or after
January 1, 2026.
Sec. 748. <<NOTE: President. Reports. Statement.>> In the event of
a violation of the Impoundment Control Act of 1974, the President or the
head of the relevant
[[Page 140 STAT. 506]]
department or agency, as the case may be, shall report immediately to
the Congress all relevant facts and a statement of actions taken:
Provided, <<NOTE: Records.>> That a copy of each report shall also be
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate and the Comptroller General on the same
date the report is transmitted to the Congress.
Sec. 749. <<NOTE: Notifications. Apportion- ments.>> (a) Each
department or agency of the executive branch of the United States
Government shall notify the Committees on Appropriations and the Budget
of the House of Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time period
provided in section 1513(b) of title 31, United States Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation
or the execution of a program, project, or activity by such
department or agency.
(b) Any notification submitted to a congressional committee pursuant
to this section shall contain information identifying the bureau,
account name, appropriation name, and Treasury Appropriation Fund Symbol
or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided in
this or any other appropriations Act for fiscal year 2026 that are
specified in the disclosure table submitted in compliance with clause 9
of rule XXI of the Rules of the House of Representatives or Rule XLIV of
the Standing Rules of the Senate that is included in the report or
explanatory statement accompanying any such Act shall be deemed to be a
recipient of a Federal award with respect to such funds for purposes of
the requirements of 2 CFR 200.334, regarding records retention, and 2
CFR 200.337, regarding access by the Comptroller General of the United
States.
(b) Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or any
existing authority of the Comptroller General.
Sec. 751. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available by this or any
other Act to any Federal agency may be used by that Federal agency for
interagency funding for coordination with, participation in, or
recommendations involving, activities of the U.S. Army Medical Research
and Development Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research programs.
Sec. 752. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Federal Citizen Services Fund'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds, in
addition to amounts otherwise available, shall be administered by the
Administrator of General Services to carry out the purposes of the
Federal Citizen Services Fund
[[Page 140 STAT. 507]]
and to support Government-wide and other multi-agency financial,
information technology, procurement, and other activities, including
services authorized by 44 U.S.C. 3604 and enabling Federal agencies to
take advantage of information technology in sharing information:
Provided further, That the total funds transferred or reimbursed shall
not exceed $29,000,000 for such purposes: Provided further, That the
funds transferred to or for reimbursement of ``General Services
Administration, Federal Citizen Services Fund'' during fiscal year 2026
shall remain available for obligation through September 30, 2027:
Provided further, <<NOTE: Deadline. Spend plan.>> That not later than
90 days after enactment of this Act, the Administrator of General
Services, in consultation with the Director of the Office of Management
and Budget, shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a detailed spend plan for the
funds to be transferred or reimbursed: Provided further,
That <<NOTE: Spend plan.>> the spend plan shall, at a minimum, include:
(i) the amounts currently in the funds authorized under this section and
the estimate of amounts to be transferred or reimbursed in fiscal year
2026; (ii) a detailed breakdown of the purposes for all funds estimated
to be transferred or reimbursed pursuant to this section (including
total number of personnel and costs for all staff whose salaries are
provided for by this section); and (iii) where applicable, a description
of the funds intended for use by or for the implementation of specific
laws passed by Congress: Provided further, <<NOTE: Time
period. Notification.>> That no transfers or reimbursements may be made
pursuant to this section until 15 days following notification of the
Committees on Appropriations of the House of Representatives and the
Senate by the Director of the Office of Management and Budget.
Sec. 753. Notwithstanding any other provision of law, the
unobligated balances of funds made available in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) to any
department or agency funded by this or any other Act may be transferred
to the United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with activities and projects funded by Public Law 117-58:
Provided, That such transfers shall support activities and projects
executed by the department or agency making such transfer: Provided
further, That such transfers shall be approved by the head of such
department or agency making such transfer: Provided
further, <<NOTE: Notification. Deadline.>> That each department or
agency shall provide notification to the Committees on Appropriations of
the House of Representatives and the Senate no less than 30 days prior
to such transfer: Provided further, That any such transfers from the
Department of Transportation, including from agencies within the
Department of Transportation, shall be from funding provided for
personnel, contracting, and other costs to administer and oversee
grants: Provided further, That amounts transferred pursuant to this
section shall be in addition to amounts otherwise available for such
purposes: Provided further, That the transfer authority provided in this
section shall be in addition to any other transfer authority provided by
law: Provided further, That amounts transferred pursuant to this section
shall continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5.
[[Page 140 STAT. 508]]
Sec. 754. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. <<NOTE: Propaganda. Lobbying.>> None of the Federal funds
provided in this Act shall be used for publicity or propaganda purposes
or implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2026, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) <<NOTE: Advance approval.>> increases by 20 percent or
more personnel assigned to a specific program, project or
responsibility center, unless prior approval is received from
the Committees on Appropriations of the House of Representatives
and the Senate.
(b) <<NOTE: Time period.>> The District of Columbia government is
authorized to approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2026.
Sec. 804. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's
[[Page 140 STAT. 509]]
official duties. <<NOTE: Definition.>> For purposes of this section,
the term ``official duties'' does not include travel between the
officer's or employee's residence and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or employee
of the Homeland Security and Emergency Management Agency who
resides in the District of Columbia and is on call 24 hours a
day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) <<NOTE: Voting rights.>> None of the Federal funds
contained in this Act may be used by the District of Columbia Attorney
General or any other officer or entity of the District government to
provide assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress for
the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. <<NOTE: Needle distribution.>> None of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 808. <<NOTE: Contraceptives. Conscience exception.>> Nothing
in this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
Sec. 809. <<NOTE: Penalties. Drugs and drug abuse.>> (a) None of
the Federal funds contained in this Act may be used to enact or carry
out any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District
of Columbia government under any authority may be used to enact any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act
[[Page 140 STAT. 510]]
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for
recreational purposes.
Sec. 810. <<NOTE: Abortion.>> No funds available for obligation or
expenditure by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 811. <<NOTE: Deadline. Operating budget.>> (a) No later than
30 calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating budget in
the format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
District of Columbia government for fiscal year 2026 that is in the
total amount of the approved appropriation and that realigns all
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) <<NOTE: Applicability. Certification.>> This section shall
apply only to an agency for which the Chief Financial Officer for the
District of Columbia certifies that a reallocation is required to
address unanticipated changes in program requirements.
Sec. 812. <<NOTE: Deadline. Operating budget.>> No later than 30
calendar days after the date of the enactment of this Act, the Chief
Financial Officer for the District of Columbia shall submit to the
appropriate committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating budget for
the District of Columbia Public Schools that aligns schools budgets to
actual enrollment. The revised appropriated funds budget shall be in the
format of the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2026 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2026 in
this Act, shall remain available through September 30, 2027, for each
such account for the purposes authorized: Provided, <<NOTE: Advance
approval.>> That a request shall be submitted to the Committees
[[Page 140 STAT. 511]]
on Appropriations of the House of Representatives and the Senate for
approval prior to the expenditure of such funds: Provided further, That
these <<NOTE: Compliance.>> requests shall be made in compliance with
reprogramming guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) <<NOTE: Time period.>> During fiscal year 2027,
during a period in which neither a District of Columbia continuing
resolution or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided for any
project or activity for which local funds are provided in the Act
referred to in paragraph (2) (subject to any modifications enacted by
the District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2027 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion of
the annual budget for the District of Columbia government for fiscal
year 2027 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) <<NOTE: Termination.>> Appropriations made by subsection (a)
shall cease to be available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2027 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2027.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
(d) <<NOTE: Applicability.>> An appropriation made by subsection (a)
shall cover all obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2027 for which this section
applies to such project or activity.
(e) This section shall not apply to a project or activity during any
period of fiscal year 2027 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. (a) <<NOTE: Time period.>> During fiscal year 2027, during
a period in which a continuing resolution is in effect, including a
continuing resolution that is in effect through the end of the fiscal
year, if the continuing resolution does not include a provision that, by
specific and explicit reference to the District of Columbia, establishes
a specific and separately identified appropriation for the District of
Columbia, the District of Columbia is appropriated and may expend local
funds in the amounts set forth under the heading ``District of
Columbia--District of Columbia Funds'' in the Act referred to in
subsection (b) (subject to any modifications enacted by the District
[[Page 140 STAT. 512]]
of Columbia as of the beginning of the period during which this section
is in effect) for such programs and activities for which local funds are
provided in such Act at the rates set forth by such Act.
(b) The Act referred to in subsection (a) is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2027 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion of
the annual budget for the District of Columbia government for fiscal
year 2027 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(c) Amounts appropriated by subsection (a) are provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
Sec. 818. <<NOTE: Virginia.>> (a) Section 244 of the Revised
Statutes of the United States relating to the District of Columbia (sec.
9-1201.03, D.C. Official Code) does not apply with respect to any
railroads installed pursuant to the Long Bridge Project.
(b) <<NOTE: Definition.>> In this section, the term ``Long Bridge
Project'' means the project carried out by the District of Columbia and
the Commonwealth of Virginia to construct a new Long Bridge adjacent to
the existing Long Bridge over the Potomac River, including related
infrastructure and other related projects, to expand commuter and
regional passenger rail service and to provide bike and pedestrian
access crossings over the Potomac River.
Sec. 819. <<NOTE: Time period. Reports.>> Not later than 45 days
after the last day of each quarter, each Federal and District government
agency appropriated Federal funds in this Act shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a quarterly budget report that includes total obligations of the
Agency for that quarter for each Federal funds appropriation provided in
this Act, by the source year of the appropriation.
Sec. 820. The District of Columbia College Access Act of 1999 (sec.
38-2701 et seq., D.C. Official Code), is amended--
(1) in section 3--
(A) in subsection (a)(2)(A), by striking ``$10,000''
and inserting ``$15,000'';
(B) in subsection (a)(2)(B), by striking ``$50,000''
and inserting ``$75,000''; and
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A) the
following new subparagraph: ``(B) after making
reductions under subparagraph (A), ratably reduce
the amount of the tuition and fee payment of each
eligible student who receives more than $10,000
for the award year; and''; and
(iv) in subparagraph (C), as so redesignated,
by striking ``subparagraph (A)'' and inserting
``subparagraph (B)''; and
(2) in section 5--
[[Page 140 STAT. 513]]
(A) in subsection (a)(2)(A), by striking ``$2,500''
and inserting ``$3,750'';
(B) in subsection (a)(2)(B), by striking ``$12,500''
and inserting ``$18,750''; and
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``; and''
and inserting a semicolon;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A) the
following new subparagraph: ``(B) after making
reductions under subparagraph (A), ratably reduce
the amount of the tuition and fee payment of each
eligible student who receives more than $2,500 for
the award year; and''; and
(iv) in subparagraph (C), as so redesignated,
by striking ``subparagraph (A)'' and inserting
``subparagraph (B)''.
Sec. 821. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2026''.
DIVISION F-- <<NOTE: National Security, Department of State, and Related
Programs Appropriations Act, 2026.>> NATIONAL SECURITY, DEPARTMENT OF
STATE, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENT OF STATE AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,358,236,000, of which
$839,910,000 may remain available until September 30, 2027, and of which
up to $3,758,836,000 may remain available until expended for Worldwide
Security Protection: Provided, <<NOTE: Allocations.>> That funds made
available under this heading shall be allocated in accordance with
paragraphs (1) through (4), as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$3,987,233,000, of which up to $724,204,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,437,707,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
[[Page 140 STAT. 514]]
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as
authorized, $871,645,000.
(4) Security programs.--For necessary expenses for security
activities, $3,061,651,000, of which up to $3,034,632,000 is for
Worldwide Security Protection.
(5) Reprogramming.--Notwithstanding any other provision of
this Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject to section
7015 of this Act.
consular and border <<NOTE: Regulations. Fees.>> security programs
Of the amounts deposited in the Consular and Border Security
Programs account in this or any prior fiscal year pursuant to section
7069(e) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-103),
$513,000,000 shall be available until expended for the purposes of such
account, including to reduce passport backlogs and reduce visa wait
times: Provided, That the Secretary of State may by regulation authorize
State officials or the United States Postal Service to collect and
retain the execution fee for each application for a passport accepted by
such officials or by that Service.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $399,700,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General of the
Department of State as established by section 402(a)(1) of title 5,
United States Code, $135,550,000, of which $20,333,000 may remain
available until September 30, 2027: Provided, That of the funds
appropriated under this heading, up to $6,000,000 may remain available
until September 30, 2026 for the Special Inspector General for
Afghanistan Reconstruction: Provided further, That funds appropriated
under this heading are made available notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates
to post inspections.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $667,000,000, to remain available until
expended, of which not less than $273,410,000 shall be for the Fulbright
Program, not less than $16,150,000 shall be for the Benjamin Gilman
International Scholarships Program, not less than $99,750,000 shall be
for the International Visitor Leadership Program, and not less than
$35,630,000 shall be for the Young Leaders Initiatives: Provided, That
fees or other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized
[[Page 140 STAT. 515]]
may be credited to this account, to remain available until expended:
Provided further, <<NOTE: Fellowships and
scholarships. Consultation.>> That a portion of the Fulbright awards
from the Eurasia and Central Asia regions shall be designated as Edmund
S. Muskie Fellowships, following consultation with the Committees on
Appropriations: Provided further, That funds appropriated under this
heading that are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the John S. McCain
Scholars Program, pursuant to section 7075 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6): Provided
further, <<NOTE: Deadline. Consultation. Allocation.>> That not later
than 30 days after the date of enactment of this Act, the Secretary of
State shall consult with the Committees on Appropriations on the
allocation of funds made available under this heading by program,
project, and activity: Provided
further, <<NOTE: Consultations. Notification.>> That any substantive
modifications from the prior fiscal year to programs funded under this
heading in this Act, including program consolidation and closures,
changes to eligibility criteria and geographic scope, and implementing
partners, shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, <<NOTE: Apportionment. Deadline.>> That funds appropriated
under this heading shall be apportioned to the Department of State not
later than 60 days after the date of enactment of this Act.
representation expenses
For representation expenses as authorized, $10,000,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2027.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $812,836,000, to remain
available until September 30, 2030, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,199,856,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $8,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred
[[Page 140 STAT. 516]]
to, and merged with, funds appropriated by this Act under the heading
``Repatriation Loans Program Account''.
repatriation loans program account
For the cost of direct loans, $2,550,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $5,520,137.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $35,964,000.
international center, washington, district of columbia
Not to exceed $1,917,178 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $745,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $60,000,000.
International <<NOTE: 22 USC 269a note.>> Organizations
contributions to <<NOTE: United Nations. Time
periods. Notifications.>> international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,389,152,000, of
which $96,240,000 may remain available until September 30, 2027:
Provided, <<NOTE: Budget.>> That the Secretary of State shall, at the
time of the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations: Provided
further, <<NOTE: Time period.>> That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget: Provided further, That any payment of arrearages under this
heading shall be directed to activities that are mutually agreed upon by
the United States and the respective international organization and
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of the funds
appropriated under this
[[Page 140 STAT. 517]]
heading shall be available for a United States contribution to an
international organization for the United States share of interest costs
made known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external borrowings.
contributions for international <<NOTE: United Nations.>> peacekeeping
activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,230,667,000, of
which $615,334,000 may remain available until September 30, 2027:
Provided, <<NOTE: Time period. Notification. Cost estimates. Exit
strategy.>> That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission, the
objectives of the mission, the national interest that will be served,
and the exit strategy; and (2) the sources of funds, including any
reprogrammings or transfers, that will be used to pay the cost of the
new or expanded mission, and the estimated cost in future fiscal years:
Provided further, That none of the <<NOTE: Certification. Reports. Human
rights. Public information. Web posting.>> funds appropriated under this
heading may be made available for obligation unless the Secretary of
State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United Nations
employees, contractor personnel, and peacekeeping troops serving in such
mission from trafficking in persons, exploiting victims of trafficking,
or committing acts of sexual exploitation and abuse or other violations
of human rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution in their
home countries and making information about such prosecutions publicly
available on the website of the United Nations: Provided
further, <<NOTE: Procedures. Human rights.>> That the Secretary of State
shall work with the United Nations and foreign governments contributing
peacekeeping troops to implement effective vetting procedures to ensure
that such troops have not violated human rights: Provided
further, <<NOTE: Determination.>> That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided
further, <<NOTE: President. Recommenda- tions.>> That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided
further, <<NOTE: Notification.>> That any payment of arrearages with
funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations.
[[Page 140 STAT. 518]]
International <<NOTE: 22 USC 269a note.>> Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water
commission, <<NOTE: Compliance.>> united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $67,300,000,
of which $10,095,000 may remain available until September 30, 2027.
In addition, for expenses necessary to carry out paragraph (3) of
section 5602(b) of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118-31), $12,500,000, to remain available until
expended.
construction
For detailed plan preparation and construction of authorized
projects, $78,000,000, to remain available until expended, as
authorized: Provided, <<NOTE: Cost estimates.>> That the operating plan
required by section 7062(a) of this Act shall include, for each
construction project, the expected scope, timeline, and total cost,
including out-year cost estimates for construction and operations and
maintenance requirements: Provided further, <<NOTE: Transfer
authority. Consultation. Notifications.>> That of the funds appropriated
under this heading in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs for
the United States Section, up to $5,000,000 may be transferred to, and
merged with, funds appropriated under the heading ``Salaries and
Expenses'' to carry out the purposes of the United States Section, which
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That such transfer authority is in addition to any other
transfer authority provided in this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for grant programs of
the North American Development Bank, including technical assistance
grants and the Community Assistance Program, $18,204,000: Provided, That
of the amount provided under this heading for the International Joint
Commission, up to $1,250,000 may remain available until September 30,
2027, and up to $9,000 may be made available for representation
expenses: Provided further, That of the amount provided under this
heading
[[Page 140 STAT. 519]]
for the International Boundary Commission, up to $1,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $68,570,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for Global
Media (USAGM), as authorized, to carry out international communication
activities, and to make and supervise grants for radio, Internet, and
television broadcasting to the Middle East, $643,000,000: Provided, That
in addition to amounts otherwise available for such purposes, up to
$72,720,000 of the amount appropriated under this heading may remain
available until expended for satellite transmissions, global network
distribution, and Internet freedom programs: Provided further, That of
the total amount appropriated under this heading, not to exceed $35,000
may be used for representation expenses, of which $10,000 may be used
for such expenses within the United States as authorized, and not to
exceed $30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That of the funds appropriated
under this heading, not less than $30,000,000 shall be made available
for the Office of Cuba Broadcasting (OCB): Provided
further, <<NOTE: Cuba.>> That funds made available pursuant to the
previous proviso shall be made available for medium- and short-wave
broadcasting at not less than the fiscal year 2024 level and in a manner
able to reach all provinces in Cuba with daily programming: Provided
further, <<NOTE: Allocations.>> That funds appropriated under this
heading shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, <<NOTE: Notification.>> That notwithstanding the previous
proviso, funds may be reprogrammed within and between amounts designated
in such table, subject to the regular notification procedures of the
Committees on Appropriations, except that no such reprogramming may
reduce a designated amount by more than 10 percent: Provided
further, <<NOTE: Consultation. Notification.>> That if a subsequent Act
of Congress results in a reorganization or restructuring of the programs
or authorities funded under this heading such that the allocations set
forth in such table can no longer be applied as written, such
allocations shall be available for reprogramming among such programs or
authorities, consistent with such Act, subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations: Provided further, <<NOTE: Notification. Deadline. Time
period. Determination. Terrorism.>> That the USAGM Chief Executive
Officer shall notify the Committees on Appropriations within 15 days of
any determination by the USAGM that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism:
[[Page 140 STAT. 520]]
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes: Provided further, <<NOTE: Notification.>> That
significant modifications to USAGM broadcast hours previously justified
to Congress, including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all USAGM
language services shall be subject to the regular notification
procedures of the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such purposes,
$9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia <<NOTE: Apportionment. Deadline.>> Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until
expended: Provided, That funds appropriated under this heading for such
grant shall be apportioned to the Foundation not later than 60 days
after the date of enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $20,000,000, to remain available until September 30, 2027,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2026, to remain available until expended.
Eisenhower
Exchange <<NOTE: Salaries. Compensation. Contracts.>> Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest
[[Page 140 STAT. 521]]
and earnings accruing to the Eisenhower Exchange Fellowship Program
Trust Fund on or before September 30, 2026, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2026, to remain available until expended.
East-West <<NOTE: Apportionment. Deadline.>> Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$22,000,000: Provided, That funds appropriated under this heading for
such grant shall be apportioned to the Center not later than 60 days
after the date of enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy Act
(22 U.S.C. 4412), $315,000,000, to remain available until expended, of
which $210,316,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $104,684,000 shall be for
democracy programs: Provided, That the requirements of section 7062(a)
of this Act shall not apply to funds made available under this heading:
Provided further, <<NOTE: Apportionment. Deadline.>> That funds
appropriated under this heading shall be apportioned to the Endowment
not later than 60 days after the date of enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, as authorized by chapter 3123 of title 54,
United States Code, $770,000, of which $116,000 may remain available
until September 30, 2027: Provided, <<NOTE: Contracts.>> That the
Commission may procure temporary, intermittent, and other services
notwithstanding paragraph (3) of section 312304(b) of such chapter:
Provided further, <<NOTE: Termination date.>> That such authority shall
terminate on
[[Page 140 STAT. 522]]
October 1, 2026: Provided further, <<NOTE: Notification.>> That the
Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,000,000, to remain available until September 30, 2027, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
$3,059,000, including not more than $6,000 for representation expenses,
to remain available until September 30, 2027.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2027.
United States-China Economic and Security Review Commission
salaries and <<NOTE: Extension. Applicability.>> expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2027:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2026 and shall apply to
funds appropriated under this heading.
[[Page 140 STAT. 523]]
House Democracy Partnership
salaries and <<NOTE: Apportionment. Deadline.>> expenses
For necessary expenses of the House Democracy Partnership
established pursuant to House Resolution 24, One Hundred Tenth Congress,
as carried forward by House Resolution 5, One Hundred Nineteenth
Congress, $2,300,000: Provided, That funds appropriated under this
heading shall be apportioned to the House Democracy Partnership not
later than 60 days after the date of enactment of this Act.
TITLE II
ADMINISTRATION OF ASSISTANCE
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $111,988,000.
office of inspector general
For the necessary expenses of the Office of Inspector General with
continued oversight jurisdiction for foreign assistance programs
administered by the agency primarily responsible for administering part
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
whose oversight activities were funded under title II of prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, $62,500,000, of which $9,375,000 may remain
available until September 30, 2027, in accordance with section 409 of
title 5, United States Code, section 614(f) of the Millennium Challenge
Act of 2003 (22 U.S.C. 7713(f)) and section 8A(a) of the Inspector
General Act of 1978 (as enacted into law by section 1000(a) of Public
Law 106-113), as well as section 401 of the Inter-American Foundation
Act (22 U.S.C. 290f), and section 505 of the African Development
Foundation Act (22 U.S.C. 290h).
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For <<NOTE: Apportionment.>> necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act
of 1961, for global health activities, in addition to funds otherwise
available for such purposes, $3,531,975,000, to remain available until
September 30, 2027, and which shall be apportioned directly to the
[[Page 140 STAT. 524]]
Department of State: Provided, That this amount shall be made available
for training, equipment, and technical assistance to build the capacity
of public health institutions and organizations in developing countries,
and for such activities as: (1) child survival and maternal health
programs; (2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than AIDS;
(5) programs for the prevention, treatment, control of, and research on
HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to communities
severely affected by HIV/AIDS, including children infected or affected
by AIDS; (6) disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to unanticipated and
emerging global health threats, including zoonotic diseases; and (8)
family planning/reproductive health: Provided further, That funds
appropriated under this paragraph may be made available for United
States contributions to The GAVI Alliance and to a multilateral vaccine
development partnership to support epidemic preparedness: Provided
further, That funds made available pursuant to the previous proviso
shall remain available until September 30, 2026: Provided
further, <<NOTE: Determination. President. Abortion. Sterilization.>> Tha
t none of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided
further, <<NOTE: Deadline.>> That any determination made under the
previous proviso must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence and
criteria utilized to make the determination: Provided
further, <<NOTE: Abortion.>> That none of the funds made available under
this Act may be used to pay for the performance of abortion as a method
of family planning or to motivate or coerce any person to practice
abortions: Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961: Provided
further, <<NOTE: Lobbying. Abortion.>> That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, <<NOTE: Family
planning. Requirements. Determination. Time period. Reports.>> That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any such
voluntary family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not
[[Page 140 STAT. 525]]
deny any right or benefit, including the right of access to participate
in any program of general welfare or the right of access to health care,
as a consequence of any individual's decision not to accept family
planning services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and risks of
the method chosen, including those conditions that might render the use
of the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Secretary of State determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of
this proviso, the Secretary shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Department: Provided
further, <<NOTE: Grants. Discrimination. Compliance.>> That in awarding
grants for natural family planning under section 104 of the Foreign
Assistance Act of 1961 no applicant shall be discriminated against
because of such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all such
applicants shall comply with the requirements of the previous proviso:
Provided further, <<NOTE: Definition.>> That for purposes of this Act or
any other Act authorizing or appropriating funds for the Department of
State, foreign operations, and related programs, the term ``motivate'',
as it relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided
further, <<NOTE: Condoms.>> That information provided about the use of
condoms as part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall include
the public health benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,883,800,000, to remain
available until September 30, 2030, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other provision of
law, except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a United
States contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund): Provided further, That the amount of such
contribution shall be $1,250,000,000: Provided further, That of the
funds appropriated under this paragraph, up to $22,000,000 may be made
available, in addition to amounts otherwise available for such purposes,
for administrative expenses of the United States Global AIDS
Coordinator.
international humanitarian assistance
For necessary expenses to enable the Secretary of State to carry out
the provisions of section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and reconstruction
assistance; section 2(a) and (b) of the Migration
[[Page 140 STAT. 526]]
and Refugee Assistance Act of 1962 (22 U.S.C. 2601), and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980 (22 U.S.C. 3901 et seq.); allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $5,400,000,000, to remain available until
expended, of which not less than $6,500,000 shall be made available for
refugees resettling in Israel: Provided, That consistent with section
491(d) of the Foreign Assistance Act of 1961, funds made available under
this heading shall be prioritized to reach those most in need of relief
and rehabilitation because of natural and manmade disasters: Provided
further, That of the funds appropriated under this paragraph, not less
than $2,970,000,000 shall be made available to carry out the provisions
of section 491 of the Foreign Assistance Act of 1961: Provided
further, <<NOTE: Apportionment. Deadline.>> That funds appropriated
under this heading shall be apportioned to the Department of State not
later than 60 days after the date of enactment of this Act: Provided
further, <<NOTE: Deadline. Time period. Termination date. Spend
plan.>> That not later than 30 days after the date of enactment of this
Act and at the start of each quarter thereafter until September 30,
2027, the Secretary of State shall submit a spend plan to the Committees
on Appropriations detailing the planned uses of funds, obligations, and
disbursements as described under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)),
$100,000,000, to remain available until expended: Provided, That amounts
made available by this Act that are in excess of the limitation
contained in paragraph (2) of such section shall be transferred to, and
merged with, funds made available by this Act under the heading
``International Humanitarian Assistance''.
national security investment <<NOTE: Apportionment. Deadline.>> programs
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961, the
FREEDOM Support Act (Public Law 102-511), and the Support for East
European Democracy (SEED) Act of 1989 (Public Law 101-179),
$6,766,874,000, of which not less than fifteen percent of amounts made
available under this heading shall be made available for programs in
Africa, to remain available until September 30, 2027: Provided, That
funds appropriated under this heading shall be apportioned to the
Department of State not later than 60 days after the date of enactment
of this Act.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $205,200,000, to remain
[[Page 140 STAT. 527]]
available until September 30, 2027, which shall be made available for
the Human Rights and Democracy Fund of the Bureau of Democracy, Human
Rights, and Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to the National
Endowment for Democracy and its core institutes are in addition to
amounts otherwise made available by this Act for such purposes: Provided
further, <<NOTE: Consultation.>> That the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, shall consult
with the Committees on Appropriations prior to the initial obligation of
funds appropriated under this paragraph: Provided
further, <<NOTE: Apportionment. Deadline.>> That funds appropriated
under this heading shall be apportioned to the Department of State not
later than 60 days after the date of enactment of this Act.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $410,500,000, of which $7,800,000 is for
the Office of Inspector General, to remain available until September 30,
2027: Provided, That the Director of the Peace Corps may transfer to the
Foreign Currency Fluctuations Account, as authorized by section 16 of
the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be available
for representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: Provided
further, <<NOTE: Consultation.>> That in addition to the requirements
under section 7015(a) of this Act, the Peace Corps shall consult with
the Committees on Appropriations prior to any decision to open, close,
or suspend a domestic or overseas office or a country program unless
there is a substantial risk to volunteers or other Peace Corps
personnel: Provided further, <<NOTE: Abortion.>> That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, <<NOTE: Applicability.>> That notwithstanding the
previous proviso, section 614 of division E of Public Law 113-76 shall
apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $830,000,000, to
remain available until expended: Provided, <<NOTE: Applicability.>> That
section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA (22
U.S.C. 7708) only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount of the
United States Government
[[Page 140 STAT. 528]]
funding anticipated for the duration of the Compact: Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment
expenses: Provided further, <<NOTE: Apportionment. Deadline.>> That
funds appropriated under this heading shall be apportioned to the
Corporation not later than 60 days after the date of enactment of this
Act: Provided further, <<NOTE: Extension. Compacts. Foreign
countries. Notification.>> That notwithstanding the limitations in
sections 609(i) and 609(j) of the Millennium Challenge Act of 2003 (22
U.S.C. 7708(i), 7708(j)), the Millennium Challenge Corporation may,
subject to the availability of funds, extend compacts in Indonesia,
Kosovo, Nepal, and Senegal, for up to one additional year: Provided
further, That the Corporation shall notify the appropriate congressional
committees prior to providing any such extension.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $29,000,000, to remain available
until September 30, 2027: Provided, That of the funds appropriated under
this heading, not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$12,000,000, to remain available until September 30, 2027, of which not
to exceed $2,000 may be available for representation expenses: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, <<NOTE: Waiver
authority.>> That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in exceptional
circumstances the Board of Directors of the USADF may waive the $250,000
limitation contained in that section with respect to a project and a
project may exceed the limitation by up to 10 percent if the increase is
due solely to foreign currency fluctuation: Provided
further, <<NOTE: Reports.>> That the USADF shall submit a report to the
appropriate congressional committees after each time such waiver
authority is exercised: Provided further, <<NOTE: Payments.>> That the
USADF may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quarters
in Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation from
the Treasury prior to the need of spending such funds for program
purposes.
[[Page 140 STAT. 529]]
united states foundation for natural security and counterterrorism
For necessary expenses to carry out the purposes of section 5102 of
the National Defense Authorization Act for Fiscal Year 2025 (22 U.S.C.
10602), $100,000,000, to remain available until expended.
Department of the Treasury
international affairs technical <<NOTE: Contracts.>> assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended: Provided, That amounts made available under this heading
may be made available to contract for services as described in section
129(d)(3)(A) of the Foreign Assistance Act of 1961, without regard to
the location in which such services are performed.
debt <<NOTE: President. Determination.>> restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $52,000,000, to remain
available until September 30, 2029, for the costs, as defined in section
502 of the Congressional Budget Act of 1974, of modifying loans and loan
guarantees for, or credits extended to, such countries as the President
may determine, including the costs of selling, reducing, or canceling
amounts owed to the United States pursuant to multilateral debt
restructurings, including Paris Club debt restructurings and the
``Common Framework for Debt Treatments beyond the Debt Service
Suspension Initiative'': Provided, That such amounts may be used
notwithstanding any other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and <<NOTE: Notifications.>> law
enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,400,000,000, to remain available until
September 30, 2027: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing such property
to a foreign country or international organization under chapter 8 of
part I of such Act, subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That section 482(b)
of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support
[[Page 140 STAT. 530]]
training and technical assistance for foreign law enforcement,
corrections, judges, and other judicial authorities, utilizing regional
partners: Provided further, That funds made available under this heading
for Program Development and Support may be made available
notwithstanding pre-obligation requirements contained in this Act,
except for the notification requirements of section 7015: Provided
further, <<NOTE: Apportionment. Deadline.>> That funds appropriated
under this heading shall be apportioned to the Department of State not
later than 60 days after the date of enactment of this Act.
nonproliferation, anti-terrorism, demining <<NOTE: Notifications.>> and
related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $870,000,000, to remain
available until September 30, 2027, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA):
Provided, <<NOTE: Consultation.>> That funds made available under this
heading for the Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and subject to
prior consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, <<NOTE: Determination. Israel.>> That
funds appropriated under this heading may be made available for the IAEA
unless the Secretary of State determines that Israel is being denied its
right to participate in the activities of that Agency: Provided further,
That funds made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $335,458,000, to remain available
until September 30, 2027: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of the Foreign
Assistance Act of 1961, to provide assistance to enhance the capacity of
foreign civilian security forces, including
[[Page 140 STAT. 531]]
gendarmes, to participate in peacekeeping operations: Provided further,
That of the funds appropriated under this heading, not less than
$32,000,000 shall be made available for a United States contribution to
the Multinational Force and Observers mission in the Sinai: Provided
further, That of the funds appropriated under this heading, up to
$148,300,000 may be made available to pay assessed expenses of
international peacekeeping activities under the same terms and
conditions, as applicable, as funds appropriated by this Act under the
heading ``Contributions for International Peacekeeping Activities''.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $119,152,000, to remain available
until September 30, 2027: Provided, That the civilian personnel for whom
military education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights: Provided
further, <<NOTE: Consultation.>> That of the funds appropriated under
this heading, $3,500,000 shall remain available until expended to
increase the participation of women in programs and activities funded
under this heading, following consultation with the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,158,397,000:
Provided, <<NOTE: Consultation. Notifications. Contracts.>> That to
expedite the provision of assistance to foreign countries and
international organizations, the Secretary of State, following
consultation with the Committees on Appropriations and subject to the
regular notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and services
to enhance the capacity of foreign security forces: Provided further,
That funds appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in section 23 of
the Arms Export Control Act: Provided further, That
funds <<NOTE: Apportionment.>> made available under this heading shall
be obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the <<NOTE: Contracts.>> funds made available under this
heading shall be available to finance the procurement of defense
articles, defense services, or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement has
first signed an agreement with the United States Government specifying
the conditions under which such procurement may be financed with such
funds: Provided, That <<NOTE: Notification.>> all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
[[Page 140 STAT. 532]]
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That a country that is a member of the
North Atlantic Treaty Organization (NATO) or is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of 1961 may
utilize funds made available under this heading for procurement of
defense articles, defense services, or design and construction services
that are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided
further, <<NOTE: Notification.>> That not more than $72,000,000 of the
funds appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
the Secretary of State may use funds made available under this heading
pursuant to the previous proviso for the administrative and other
operational costs of the Department of State related to military
assistance and sales, assistance under section 551 of the Foreign
Assistance Act of 1961, and Department of Defense security assistance
programs, in addition to funds otherwise available for such purposes:
Provided further, <<NOTE: Consultation.>> That up to $2,000,000 of the
funds made available pursuant to the previous proviso may be used for
direct hire personnel, except that this limitation may be exceeded by
the Secretary of State following consultation with the Committees on
Appropriations: Provided further, That of the funds made available under
this heading for general costs of administering military assistance and
sales, not to exceed $4,000 may be available for entertainment expenses
and not to exceed $130,000 may be available for representation expenses:
Provided further, <<NOTE: Notification.>> That not more than
$1,589,585,805 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal year 2026
pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, $339,000,000: Provided, That
not <<NOTE: Deadline. Spending plan.>> later than 60 days after the date
of enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a spend plan detailing the proposed
allocation of funds under this heading and the entities to be funded:
Provided
[[Page 140 STAT. 533]]
further, That <<NOTE: Notification.>> such funds shall be subject to the
regular notification procedures of such Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $150,200,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,066,184,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $43,610,000, to remain available until
expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,649,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of increases in capital stock in an amount
not to exceed $8,656,174,624.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury for the United States share of the
paid-in portion of the increases in capital stock, $87,500,000, to
remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $54,000,000, to remain available until
expended.
treasury international <<NOTE: Consultation. Notification.>> assistance
programs
For contributions by the Secretary of the Treasury to international
financial institutions and trust funds administered by such
institutions, in addition to amounts otherwise available for such
[[Page 140 STAT. 534]]
purposes, $75,000,000, to remain available until expended: Provided,
That funds made available under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $8,860,000, of which up to $1,329,000 may remain available
until September 30, 2027.
program <<NOTE: Contracts.>> account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $125,000,000, of which up to $18,750,000 may remain available
until September 30, 2027: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided
further, <<NOTE: Termination date. 12 USC 635a note.>> That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect until
September 30, 2026: Provided further, <<NOTE: Fees.>> That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal
[[Page 140 STAT. 535]]
of any property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further, That
in addition to other funds appropriated for administrative expenses,
such fees shall be credited to this account for such purposes, to remain
available until expended.
program budget <<NOTE: Loans.>> appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $20,000,000, to remain available until
September 30, 2029: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further,
That <<NOTE: Disbursement. Grants. Time periods.>> such funds shall
remain available until September 30, 2041, for the disbursement of
direct loans, loan guarantees, insurance and tied-aid grants obligated
in fiscal years 2026 through 2029.
receipts <<NOTE: Reduction.>> collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $7,200,000, to remain available until September 30, 2027.
corporate capital account
The United States International Development Finance Corporation (the
Corporation) is authorized to make such expenditures and commitments
within the limits of funds and borrowing authority available to the
Corporation, and in accordance with the law, and to make such
expenditures and commitments without regard to fiscal year limitations,
as provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the programs for the current fiscal year for
the Corporation: Provided, That for necessary expenses of the activities
described in subsections (b), (c), (e), (f), and (g) of section 1421 of
the BUILD Act of 2018 (division F of Public Law 115-254) and for
administrative expenses to carry out authorized activities described in
section 1434(d) of such Act, $983,250,000: Provided further, That of the
amount provided--
[[Page 140 STAT. 536]]
(1) $243,000,000 shall remain available until September 30,
2028, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000); and
(2) $740,250,000 shall remain available until September 30,
2028, for the activities described in subsections (b), (c), (e),
(f), and (g) of section 1421 of the BUILD Act of 2018, except
such amounts obligated in a fiscal year for activities described
in section 1421(c) of such Act shall remain available for
disbursement for the term of the underlying project: Provided
further, That amounts made available under this paragraph may be
paid to the ``United States International Development Finance
Corporation--Program Account'' for programs authorized by
subsections (b), (e), (f), and (g) of section 1421 of the BUILD
Act of 2018:
Provided further, <<NOTE: Consultation. Notification.>> That funds may
only be obligated pursuant to section 1421(g) of the BUILD Act of 2018
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the Committees on
Appropriations: Provided further, <<NOTE: Consultation.>> That funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for
support by the Corporation in high-income and advancing income countries
shall be subject to prior consultation with the Committees on
Appropriations: Provided further, <<NOTE: Collections.>> That in fiscal
year 2026 collections of amounts described in section 1434(h) of the
BUILD Act of 2018 shall be credited as offsetting collections to this
appropriation: Provided further, That such collections collected in
fiscal year 2026 in excess of $983,250,000 shall be credited to this
account and shall be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That in
fiscal year 2026, if such collections are less than $983,250,000,
receipts collected pursuant to the BUILD Act of 2018 and the Federal
Credit Reform Act of 1990, in an amount equal to such shortfall, shall
be credited as offsetting collections to this appropriation: Provided
further, That fees charged for project-specific transaction costs as
described in section 1434(k) of the BUILD Act of 2018, and other direct
costs associated with origination or monitoring services provided to
specific or potential investors, shall not be considered administrative
expenses for the purposes of this heading: Provided further, That such
fees shall be credited to this account for such purposes, to remain
available until expended: Provided further, That funds appropriated or
otherwise made available under this heading may not be used to provide
any type of assistance that is otherwise prohibited by any other
provision of law or to provide assistance to any foreign country that is
otherwise prohibited by any other provision of law: Provided
further, <<NOTE: Reduction.>> That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by the
offsetting collections described under this heading so as to result in a
final fiscal year appropriation from the General Fund estimated at
$547,450,000.
program <<NOTE: Loans.>> account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2028: Provided, That amounts
[[Page 140 STAT. 537]]
paid to this account from CCA or transferred to this account pursuant to
section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
254) shall be available for the costs of direct and guaranteed loans
provided by the Corporation pursuant to section 1421(b) of such Act and
the costs of modifying loans and loan guarantees transferred to the
Corporation pursuant to section 1463 of such Act: Provided further, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, <<NOTE: Disbursement. Time periods.>> That such amounts
obligated in a fiscal year shall remain available for disbursement for
the following 8 fiscal years: Provided further, That funds <<NOTE: Time
period.>> made available in this Act and transferred to carry out the
Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD
Act of 2018 may remain available for obligation for 1 additional fiscal
year: Provided further, That the total loan principal or guaranteed
principal amount shall not exceed $15,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $87,000,000, to remain available
until September 30, 2027: Provided, That of the funds appropriated under
this heading, not more than $5,000 may be available for representation
and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. <<NOTE: Time periods. Records.>> Any department or agency
of the United States Government to which funds are appropriated or
otherwise made available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received by such
department or agency in fiscal year 2026 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the end of each
fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
[[Page 140 STAT. 538]]
consulting services
Sec. 7003. <<NOTE: Contracts.>> The expenditure of any appropriation
under title I of this Act for any consulting service through procurement
contract, pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A of
H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
113 and contained in appendix G of that Act), as amended by section 111
of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
114-323), a project to construct a facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(b) Consultation and Notifications.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2026,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under this section in House Report 119-217:
Provided further, That the Secretary of State shall consult with the
Committees on Appropriations at the early project development stage for
out-year construction projects, including to discuss security and non-
security construction requirements, modifications to scope, and cost
reductions identified for such projects, consistent with applicable laws
and regulations: Provided further, <<NOTE: Time period. Reports.>> That
the Secretary shall submit a quarterly report to the Committees on
Appropriations on contingency savings identified from funds appropriated
under the heading ``Embassy Security, Construction, and Maintenance'' by
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, and the obligation of funds made
available by such savings shall be subject to prior consultation with
the Committees on Appropriations.
(c) Interim and Temporary Facilities Abroad.--
(1) <<NOTE: Consultation.>> Security vulnerabilities.--Funds
appropriated by this Act under the heading ``Embassy Security,
Construction, and Maintenance'' may be made available, following
consultation with the appropriate congressional committees, to
address security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) <<NOTE: Notification. Waiver
authority.>> Consultation.--The opening, closure, or any
significant modification to an interim or temporary United
States diplomatic facility shall be subject to prior
consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on
Appropriations,
[[Page 140 STAT. 539]]
except that such consultation and notification may be waived if
there is a security risk to personnel.
(d) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, residences, and places of worship used by
United States diplomatic personnel and their dependents.
(e) <<NOTE: Israel.>> Facilities.--None of the funds appropriated or
otherwise made available by this Act may be used to move the United
States embassy to the State of Israel to a location other than
Jerusalem.
personnel actions
Sec. 7005. <<NOTE: Transfer authority.>> Any costs incurred by a
department or agency funded under title I of this Act resulting from
personnel actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before enactment of this Act by Congress: Provided, That
up to $25,000 may be made available to carry out the provisions of
section 316 of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, or Iran: Provided, That for
purposes of this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance, and guarantees of the
Export-Import Bank or its agents.
coups d'etat
Sec.
7008. <<NOTE: Certifications. Reports. Consultations. Notifications.>> (a
) Prohibition.--None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to such
government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply to
assistance to promote
[[Page 140 STAT. 540]]
democratic elections or public participation in democratic processes, or
to support a democratic transition: Provided further, That funds made
available pursuant to the previous provisos shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(b) Waiver.--The Secretary of State, following consultation with the
heads of relevant Federal agencies, may waive the restriction in this
section on a program-by-program basis if the Secretary certifies and
reports to the Committees on Appropriations that such waiver is in the
national security interest of the United States: Provided, That funds
made available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year
for the Department of State under title I of this Act
may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(B) <<NOTE: Determination. Reports. Notifications.>> Emba
ssy security.--Funds appropriated under the headings
``Diplomatic Programs'', including for Worldwide
Security Protection, ``Embassy Security, Construction,
and Maintenance'', and ``Emergencies in the Diplomatic
and Consular Service'' in this Act may be transferred
to, and merged with, funds appropriated under such
headings if the Secretary of State determines and
reports to the Committees on Appropriations that to do
so is necessary to implement the recommendations of the
Benghazi Accountability Review Board, for emergency
evacuations, or to prevent or respond to security
situations and requirements, subject to the regular
notification procedures of such Committees.
(C) Emergencies in the diplomatic and consular
service.--Of the amount made available under the heading
``Diplomatic Programs'' for Worldwide Security
Protection, not to exceed $50,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized.
(D) Capital investment fund.--Of the amount made
available under the heading, ``Diplomatic Programs'', up
to $50,000,000 may be transferred to, and merged with,
funds made available in title I of this Act under the
heading ``Capital Investment Fund''.
(E) Prior consultation.--The transfer authorities
provided by subparagraphs (B), (C), and (D) are in
addition to any transfer authority otherwise available
in this Act and under any other provision of law and the
exercise
[[Page 140 STAT. 541]]
of such authority shall be subject to prior consultation
with the Committees on Appropriations.
(2) <<NOTE: Determination.>> Reorganization.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs under the headings ``Administration of Foreign
Affairs'' in title I and ``Operating Expenses'' in title II may
be transferred to and between accounts under such headings if
the Secretary of State determines such transfer is necessary to
implement a reorganization, redesign, or other plan as defined
by section 7063(b) of this Act that is expressly authorized by a
subsequent Act of Congress:
Provided, <<NOTE: Consultation. Notification.>> That such
transfer authority is in addition to any other transfer
authority provided by this Act or any other Act and is subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the BUILD
Act of 2018 (division F of Public Law 115-254).
(3) <<NOTE: Contracts.>> Notification.--Any agreement
entered into by the Department of State with any department,
agency, or instrumentality of the United States Government
pursuant to section 632(b) of the Foreign Assistance Act of 1961
valued in excess of $2,000,000 and any agreement made pursuant
to section 632(a) of such Act, with funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
headings ``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', ``National Security Investment
Programs'', ``Assistance for Europe, Eurasia and Central Asia'',
and ``International Narcotics Control and Law Enforcement''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement of
this paragraph shall not apply to such agreements with a
department, agency, or instrumentality funded by this Act.
(4) <<NOTE: Deadlines.>> Prior consultation requirement.--
Agreements between the Department of State with any department,
agency, or instrumentality of the United States Government not
funded
[[Page 140 STAT. 542]]
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
to transfer or allocate funds appropriated under the headings
``International Humanitarian Assistance'' and ``United States
Emergency Refugee and Migration Assistance Fund'' in this Act,
or under the headings ``International Disaster Assistance'',
``Migration and Refugee Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'' in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be subject to prior
consultation with the Committees on Appropriations, not later
than 7 days prior to the transfer of such funds, except if to do
so would pose an immediate and substantial risk to human health
or welfare: Provided, That in the case of any such exception the
information required by such consultation shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which the consultation requirement was
applicable, and such information shall include a description of
the circumstance necessitating such exception.
(c) United States International Development Finance Corporation.--
Amounts transferred pursuant to section 1434(j) of the BUILD Act of 2018
(division F of Public Law 115-254) may only be transferred from funds
made available under title III of this Act:
Provided, <<NOTE: Consultation. Notification.>> That any such transfers,
or any other amounts transferred to the United States International
Development Finance Corporation (the Corporation) pursuant to any
provision of law, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State and the Chief Executive
Officer of the Corporation, as appropriate, shall ensure that the
programs funded by such transfers are coordinated with, and complement,
foreign assistance programs implemented by the Department of State.
(d) <<NOTE: President. Time period. Consultation. Policy.>> Transfer
of Funds Between Accounts.--None of the funds made available under
titles II through V of this Act may be obligated under an appropriations
account to which such funds were not appropriated, except for transfers
specifically provided for in this Act, unless the President, not less
than 5 days prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on
Appropriations.
(e) <<NOTE: Contracts. Reports. Transmittals.>> Audit of Inter-
Agency Transfers of Funds.--Any agreement for the transfer or allocation
of funds appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs
entered into between the Department of State and another agency of the
United States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961, or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for the agency
receiving the transfer or allocation of such funds, or other entity with
audit responsibility if the receiving agency does not have an IG, shall
perform periodic program and financial audits of the use of such funds
and report to the Department of State upon completion of such audits:
Provided, That such audits shall
[[Page 140 STAT. 543]]
be transmitted to the Committees on Appropriations by the Department of
State: Provided further, That funds transferred under such authority may
be made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) <<NOTE: Pornography.>> Computer Networks.--None of the funds
made available by this Act for the operating expenses of any United
States Government department or agency may be used to establish or
maintain a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
websites: Provided, That nothing in this subsection shall limit the use
of funds necessary for any Federal, State, Tribal, or local law
enforcement agency, or any other entity carrying out the following
activities: criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which are
not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
(d) Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' that are made available to the Department of
State may be made available to support the use or establishment of email
accounts or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal government records
management program in contravention of the Presidential and Federal
Records Act Amendments of 2014 (Public Law 113-187).
(e) Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in title I of this Act and the
Department of the Treasury and independent agencies funded in titles III
or VI of this Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(f) <<NOTE: Alcohol and alcoholic beverages.>> Limitations on
Entertainment Expenses.--None of the funds appropriated or otherwise
made available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program
[[Page 140 STAT. 544]]
activities or under the headings ``Global Health Programs'' and
``National Security Investment Programs'' may be obligated or expended
to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions, and
amusement parks.
assistance effectiveness and transparency
Sec. 7011. (a) Strategy.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of enactment of this Act, the Secretary of State
shall develop and submit to the appropriate congressional
committees a multi-year strategy to improve the effectiveness of
United States Government foreign assistance.
(2) Elements.--The strategy required by this subsection
shall include--
(A) methods used to determine the effectiveness of
United States Government foreign assistance;
(B) analysis on using outcomes to inform the
allocation of such assistance;
(C) results of impact evaluations carried out within
the prior 12 months and a plan for incorporating the
results of such evaluations into the design of future
programs funded by such assistance;
(D) analysis of opportunities to enhance the
effectiveness of such assistance by increasing
partnerships with local organizations, including faith-
based organizations, as appropriate, including specific
plans to provide grants, cooperative agreements, and
other awards of not more than $2,000,000, consistent
with the requirements included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(E) estimated costs associated with implementation
of the strategy.
(3) Specific reforms.--The strategy required by this
subsection shall include the following specific reforms--
(A) an approval process for small grants previously
managed at the mission level, including public diplomacy
and cultural preservation programs, by respective Chiefs
of Mission, the Under Secretary for Public Diplomacy and
Public Affairs, and the Under Secretary of Political
Affairs, as appropriate:
Provided, <<NOTE: Definition.>> That for purposes of
this section, the term ``small grants'' means a grant
with a value of less than $1,000,000;
(B) a certification process, on a country-by-country
basis, to ensure that United States assistance supports
the implementation of a comprehensive assistance
strategy that promotes American interests abroad,
including a detailed definition of such interests,
consistent with the requirements of subparagraphs (C)
and (D);
(C) a plan established prior to the obligation of
United States assistance for the winding down of such
assistance, as appropriate, including transition and
sustainment of
[[Page 140 STAT. 545]]
programs and activities to entities other than the
United States Government; and
(D) requirements for co-investment by recipient
governments and cost matching from sources other than
the United States Government, including other
international donors and the private sector, for
assistance made available by this Act, as appropriate.
(4) Concurrent recommendations.--The Secretary shall--
(A) convene a panel of experts and practitioners to
make recommendations for the strategy required by this
subsection; and
(B) <<NOTE: Appendix.>> include all such
recommendations in an appendix to the strategy whether
or not they were incorporated into the strategy.
(5) <<NOTE: Deadline.>> Consultation.--Not later than 45
days after the date of enactment of this Act, the Secretary
shall consult with the Committees on Appropriations on the
requirements of this subsection.
(b) Beneficiary Feedback.--Funds appropriated by this Act that are
made available for monitoring and evaluation of assistance under the
headings ``National Security Investment Programs'' and ``International
Humanitarian Assistance'' shall be made available for the regular and
systematic collection of feedback obtained directly from beneficiaries
to enhance the quality and relevance of such assistance:
Provided, <<NOTE: Oversight.>> That the Secretary of State shall
regularly conduct oversight to ensure that such feedback is collected
and used by implementing partners to maximize the cost-effectiveness and
utility of such assistance.
(c) Evaluations.--Of the funds appropriated by this Act under titles
III and IV, not less than $15,000,000, to remain available until
expended, shall be made available for impact evaluations, including ex-
post evaluations, of the effectiveness and sustainability of United
States Government foreign assistance programs: Provided, That funds made
available pursuant to this subsection are in addition to funds otherwise
made available for such purposes.
(d) Innovation.--The Secretary of State may use funds appropriated
by this Act under title III to make innovation incentive awards in
accordance with the terms and conditions of section 7034(e)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6), except that
each individual award may not exceed $500,000.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under title I, funds made available for any independent agency in title
III, and funds made available under the headings ``Trade and Development
Agency'' and ``United States International Development Finance
Corporation'', as appropriate, shall be made available to support the
provision of additional information on United States Government foreign
assistance on the ``ForeignAssistance.gov'' website: Provided, That all
Federal agencies funded under this Act shall provide such information on
foreign assistance, upon request and in a timely manner, to the
Department of State.
[[Page 140 STAT. 546]]
limitation on assistance to countries in default
Sec. 7012. <<NOTE: Time
period. Loans. President. Determination. Consultation.>> No part of any
appropriation provided under titles III through VI in this Act shall be
used to furnish assistance to the government of any country which is in
default during a period in excess of 1 calendar year in payment to the
United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. <<NOTE: Negotiation.>> (a) Prohibition on Taxation.--None
of the funds appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount <<NOTE: Time periods. Allocation. Deadline.>> equivalent to 200
percent of the total taxes assessed during fiscal year 2026 on funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs by a
foreign government or entity against United States assistance programs,
either directly or through grantees, contractors, and subcontractors,
shall be withheld from obligation from funds appropriated for assistance
for fiscal year 2027 and for prior fiscal years and allocated for the
central government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30, 2027, such
taxes have not been reimbursed.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) <<NOTE: Reports.>> In general.--The provisions of this
section shall not apply to any foreign government or entity that
assesses such taxes if the Secretary of State reports to the
Committees on Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
[[Page 140 STAT. 547]]
(2) <<NOTE: Time period.>> Consultation.--The Secretary of
State shall consult with the Committees on Appropriations at
least 15 days prior to exercising the authority of this
subsection with regard to any foreign government or entity.
(f) <<NOTE: Regulations. Guidance.>> Implementation.--The Secretary
of State shall issue and update rules, regulations, or policy guidance,
as appropriate, to implement the prohibition against the taxation of
assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government
of the United States and the government of the country receiving
assistance that describes the privileges and immunities
applicable to United States foreign assistance for such country
generally, or an individual agreement between the Government of
the United States and such government that describes, among
other things, the treatment for tax purposes that will be
accorded the United States assistance provided under that
agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall not
include individual income taxes assessed to local staff.
availability and designated funding levels
Sec. 7014. (a) Availability.--No part of any appropriation contained
in this Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided by this Act.
(b) Reprogramming.--Funds appropriated under titles III through VI
of this Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the designation
if compliance with the designation is made impossible by operation of
any provision of this or any other Act: Provided,
That <<NOTE: Notification.>> any such reprogramming shall be subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(c) <<NOTE: Determination. Reports.>> Extension of Availability.--In
addition to the authority contained in subsection (b), the original
period of availability of funds appropriated by this Act and
administered by the Department of State that are specifically designated
for particular programs or activities by this or any other Act may be
extended for an additional fiscal year if the Secretary of State
determines and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such designation.
(d) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That
[[Page 140 STAT. 548]]
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds appropriated
by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.-- <<NOTE: Time period.>> None of the funds made available in
titles I, II, and VI, and under the headings ``Peace Corps'' and
``Millennium Challenge Corporation'', of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs to the departments and agencies funded by this Act that
remain available for obligation in fiscal year 2026, or provided from
any accounts in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the departments and
agencies funded by this Act, shall be available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) <<NOTE: Contracts.>> contract out or privatize any
functions or activities presently performed by Federal
employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) <<NOTE: Time period.>> Notification of Reprogramming of Funds.--
None of the funds provided under titles I, II, and VI of this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, to the departments and agencies funded
under such titles that remain available for obligation in fiscal year
2026, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the department and agency
funded under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) <<NOTE: Time period.>> Notification Requirement.--None of the
funds made available by this Act under the headings ``Global Health
Programs'', ``National Security Investment Programs'', ``Democracy
Fund'', ``Peace Corps'', ``Millennium Challenge Corporation'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-
[[Page 140 STAT. 549]]
terrorism, Demining and Related Programs'', ``Peacekeeping Operations'',
``International Military Education and Training'', ``Foreign Military
Financing Program'', ``International Organizations and Programs'',
``United States International Development Finance Corporation'', and
``Trade and Development Agency'' shall be available for obligation for
programs, projects, activities, type of materiel assistance, countries,
or other operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations are notified
15 days in advance of such obligation:
Provided, <<NOTE: President.>> That the President shall not enter into
any commitment of funds appropriated for the purposes of section 23 of
the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense
items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on Appropriations
are notified 15 days in advance of such commitment: Provided further,
That requirements of this subsection or any similar provision of this or
any other Act shall not apply to any reprogramming for a program,
project, or activity for which funds are appropriated under titles III
through VI of this Act of less than 10 percent of the amount previously
justified to Congress for obligation for such program, project, or
activity for the current fiscal year: Provided further, That any
notification submitted pursuant to subsection (f) of this section shall
include information on the use of notwithstanding authority.
(d) Department of Defense Programs and Funding Notifications.--
(1) <<NOTE: Cost estimate.>> Programs.--None of the funds
appropriated by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to support or continue any
program initially funded under any authority of title 10, United
States Code, or any Act making or authorizing appropriations for
the Department of Defense, unless the Secretary of State, in
consultation with the Secretary of Defense and in accordance
with the regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees that
includes a description of, and the annual estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Funds transferred by the Department of Defense
to the Department of State for assistance for foreign countries
and international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
[[Page 140 STAT. 550]]
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds
for specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense
articles.
(e) Waiver.--Notwithstanding any other provision of law, the
requirements of this section or any similar provision of this Act or any
other Act, including any prior Act, requiring notification in accordance
with the regular notification procedures of, or consultations with, the
Committees on Appropriations may only be waived if failure to do so
would pose a substantial risk to human health or welfare:
Provided, <<NOTE: Deadline.>> That in case of any such waiver,
notification to, or consultation with, the Committees on Appropriations
shall be provided as early as practicable, but in no event later than 3
days after taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating such
waiver: Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances: Provided further, That no other provision of law relating
to such assistance may be construed to authorize a waiver or alteration
of the notification requirements of this section, or any other
notification or consultation required by this Act or prior Acts, unless
such provision explicitly cites to and supersedes this proviso.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Burma, Cambodia, Colombia,
Cuba, Egypt, El Salvador, Georgia, Guatemala, Haiti, Honduras, Iran,
Iraq, Lebanon, Libya, Mexico, Nicaragua, Nigeria, Pakistan, the Russian
Federation, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine,
Venezuela, Yemen, and Zimbabwe except as provided through the regular
notification procedures of the Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under this section in House Report 119-217.
(h) Other Program Notification Requirements.--
(1) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall
be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Power Africa and Prosper Africa initiatives;
(B) the Indo-Pacific Strategy;
(C) assistance made available pursuant to section
7066 of this Act;
(D) the Countering PRC Influence Fund and the
Countering Russian Influence Fund; and
(E) the America First Opportunity Fund.
[[Page 140 STAT. 551]]
(2) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export Control
Act (22 U.S.C. 2776), and such documents submitted pursuant to
section 36(b) through (d) of such Act with respect to countries
that have received assistance provided with funds appropriated
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall be concurrently submitted to the Committees on
Appropriations and shall include information about the source of
funds for any sale or transfer, as applicable, if known at the
time of submission.
(3) Deobligated balances.--An obligation in excess of
$2,000,000 from deobligated balances of funds appropriated by
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that remain available
due to the exercise of the authority in section 7011 of such
Acts shall be subject to the regular notification procedures of
the Committees on Appropriations.
(i) <<NOTE: Notification.>> Withholding of Funds.--Funds
appropriated by this Act under titles III and IV that are withheld from
obligation or otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if reprogrammed, be
subject to the regular notification procedures of the Committees on
Appropriations.
(j) Requirement to Inform.--The Secretary of State shall promptly
inform the appropriate congressional committees of each instance in
which funds appropriated by this Act for assistance have been diverted
or destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an explanation of
the response of the Department of State: Provided,
That <<NOTE: Applicability.>> the requirement to inform of this
subsection shall also apply to the circumstances and in the manner
described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
(k) <<NOTE: Time period.>> Prior Consultation Requirement.--The
Secretary of State, the Chief Executive Officer of the United States
International Development Finance Corporation, and the Chief Executive
Officer of the Millennium Challenge Corporation shall consult with the
Committees on Appropriations at least 7 days prior to informing a
government of, or publicly announcing a decision on, the suspension or
early termination of assistance to a country or a territory, including
as a result of an interagency review of such assistance, from funds
appropriated by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs: Provided,
That such consultation shall include a detailed justification for such
suspension, including a description of the assistance being suspended.
documents, report posting, records management, and related cybersecurity
protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request
[[Page 140 STAT. 552]]
any document, file, or record necessary to the auditing requirements of
the Department of State.
(b) Public Posting of Reports.--
(1) Any Federal agency funded by this Act shall maintain a
public website, and, except as provided in paragraphs (2) and
(3), any report required by this Act to be submitted to Congress
shall be posted on the public website of such agency not later
than 45 days following the receipt of such report by Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the head of such agency determines and reports
to the Committees on Appropriations in the transmittal
letter accompanying such report that--
(i) the public posting of the report would
compromise national security, including the
conduct of diplomacy; or
(ii) the report contains proprietary or other
privileged information; or
(B) the public posting of the report is specifically
exempted in House Report 119-217 or the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(4) The head of the agency posting such report shall do so
in a central location on the public website of such agency.
(c) Records Management and Related Cybersecurity Protections.--The
heads of Federal agencies funded under titles I and II of this Act
shall--
(1) <<NOTE: Reviews. Updates. Compliance.>> regularly review
and update the policies, directives, and oversight necessary to
comply with Federal statutes, regulations, and presidential
executive orders and memoranda concerning the preservation of
all records made or received in the conduct of official
business, including record emails, instant messaging, and other
online tools;
(2) <<NOTE: Regulations. Policies.>> use funds appropriated
by this Act to improve Federal records management pursuant to
the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33)
and other applicable Federal records management statutes,
regulations, or policies for such agencies;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''); and
(5) <<NOTE: Guidance. Implementation.>> strengthen
cybersecurity measures to mitigate vulnerabilities, including
those resulting from the use of personal email accounts or
servers outside the .gov domain, improve the process to identify
and remove inactive user accounts, update and enforce guidance
related to the control of national security information, and
implement the recommendations of the applicable reports of the
cognizant Office of Inspector General.
[[Page 140 STAT. 553]]
use of funds in contravention of this act
Sec.
7017. <<NOTE: President. Determination. Notification. Deadline.>> If the
President makes a determination not to comply with any provision of this
Act on constitutional grounds, the head of the relevant Federal agency
shall notify the Committees on Appropriations in writing within 5 days
of such determination, the basis for such determination and any
resulting changes to program or policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of <<NOTE: President. Certification.>> the funds made available to
carry out part I of the Foreign Assistance Act of 1961, as amended, may
be obligated or expended for any country or organization if the
President certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in the
report required by section 653(a) of the Foreign Assistance Act of 1961,
and shall be made available for such foreign countries and international
organizations notwithstanding the date of the transmission of such
report.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State may only deviate up to 10 percent below the
amounts specifically designated in the respective tables included in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided,
That <<NOTE: Determination.>> such percentage may be exceeded only if
the Secretary of State determines and reports in writing to the
Committees on Appropriations on a case-by-case basis that such deviation
is necessary to respond to significant, exigent, or unforeseen events,
or to address other exceptional circumstances directly related to the
national security interest of the United States, including a description
of such events or
circumstances: <<NOTE: Consultation. Notification.>> Provided further,
That
[[Page 140 STAT. 554]]
deviations pursuant to the preceding proviso may not exceed 50 percent
and shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) funds for which the initial period of
availability has expired; and
(B) amounts designated by this Act as minimum
funding requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such statement.
(3) <<NOTE: Applicability.>> With respect to the amounts
designated for ``Global Programs'' in the table under the
heading ``National Security Investment Programs'' included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), the matter
preceding the first proviso in subsection (b) of this section
shall be applied by substituting ``5 percent'' for ``10
percent'', and the provisos in such subsection (b) shall not
apply.
(e) Reports and Consultations.--The Secretary of State and other
designated officials, as appropriate, shall submit the reports and
conduct the consultations required, in the manner described, in House
Report 119-217 and the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), unless
otherwise directed in such explanatory statement.
(f) Clarification.--Funds appropriated by this Act under the heading
``International Humanitarian Assistance'' shall not be included for
purposes of meeting amounts designated for countries in this Act, unless
such heading is specifically designated as the source of funds.
(g) Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations the report required by section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2025: Provided, That such report
shall also include details on the allocation of funds at the program,
project, and activity level for meeting the congressionally directed
amounts specifically designated for a purpose in the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2024
(division F of Public Law 118-47), as carried forward by the Continuing
Appropriations Act, 2025 (division A of Public Law 119-4), to include
the amounts specifically designated in title VII of such Acts: Provided
further, That not later than 30 days after the date of enactment of this
Act, the Secretary shall consult with the Committees on Appropriations
on the structure and details to accompany such report.
[[Page 140 STAT. 555]]
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge meets the requirements
contained under this section in House Report 119-217.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. <<NOTE: President. Determinations.>> (a) Lethal Military
Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 1754(c) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)): <<NOTE: Termination
date.>> Provided, That the prohibition under this section with
respect to a foreign government shall terminate 12 months after
that government ceases to provide such military equipment:
Provided further, That this <<NOTE: Applicability.>> section
applies with respect to lethal military equipment provided under
a contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) <<NOTE: Estimate.>> Report.--Whenever the President
makes a determination pursuant to paragraph (2), the President
shall submit to the Committees on Appropriations a report with
respect to the furnishing of such assistance, including a
detailed explanation of the assistance to be provided, the
estimated dollar amount of such assistance, and an explanation
of how the assistance furthers the United States national
interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) <<NOTE: Federal Register, publication. Time
period. Notifications.>> Waiver.--The President may waive the
application of paragraph (1) to a government if the President
determines that national security or humanitarian reasons
justify such waiver: Provided, That the President shall publish
each such waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the
[[Page 140 STAT. 556]]
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds appropriated
under the heading ``Trade and Development Agency'', may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act,
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``National Security Investment
Programs'', ``International Narcotics Control and Law Enforcement'', and
``Foreign Military Financing Program'' accounts, ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with the
report required by section 653(a) of the Foreign Assistance Act
of 1961 or as modified pursuant to section 7019 of this Act.
clarification
Sec. 7024. <<NOTE: Consultation. Reports.>> Unless expressly
provided to the contrary, provisions of this or any other Act, including
provisions contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related programs,
shall not be construed to prohibit activities authorized by or conducted
under the Peace Corps Act, the Inter-American Foundation Act, or the
African Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report to such
Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. <<NOTE: President. Determinations.>> (a) World Markets.--
None of the funds appropriated or made available pursuant to titles III
through VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the United States
International Development Finance Corporation shall be obligated or
expended to finance any loan, any assistance, or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to
[[Page 140 STAT. 557]]
United States producers of the same, similar, or competing commodity:
Provided, <<NOTE: Notification.>> That such prohibition shall not apply
to the Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States are likely
to outweigh the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) <<NOTE: 22 USC 262h note.>> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive director of each international financial institution to
use the voice and vote of the United States to oppose any assistance by
such institution, using funds appropriated or otherwise made available
by this Act, for the production or extraction of any commodity or
mineral for export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) <<NOTE: 22 USC 2362 note.>> Separate Accounts for
Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
[[Page 140 STAT. 558]]
1961 under agreements which result in the generation of local
currencies of that country, the Secretary of State shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Department of State and that
government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The Department of State
shall take all necessary steps to ensure that the equivalent of
the local currencies disbursed pursuant to subsection (a)(2)(A)
from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(b) <<NOTE: Notifications.>> Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance,
that country shall be required to maintain such funds in a
separate account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance,
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) <<NOTE: Time period. President.>> Notification.--At
least 15 days prior to obligating any such cash transfer or
nonproject sector assistance, the
[[Page 140 STAT. 559]]
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of
the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. <<NOTE: Notifications.>> (a) Assistance Through
Nongovernmental Organizations.--Restrictions contained in this or any
other Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this Act to
carry out the provisions of chapters 1, 10, 11, and 12 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, the FREEDOM
Support Act (Public Law 102-511), and the Support for East European
Democracy (SEED) Act of 1989 (Public Law 101-179): Provided,
That <<NOTE: President.>> before using the authority of this subsection
to furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the assistance to
be provided, and the reasons for furnishing such assistance: Provided
further, That nothing <<NOTE: Abortion. Sterilization.>> in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2026, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided, That none of the
funds appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
promotion of united states economic interests
Sec. 7028. (a) Diplomatic Engagement.--Consistent with section 704
of the Championing American Business Through Diplomacy Act of 2019
(title VII of division J of Public Law 116-94), the Secretary of State,
in consultation with the Secretary of Commerce, shall prioritize the
allocation of funds appropriated by this Act under the heading
``Diplomatic Programs'' for support of Chief of
[[Page 140 STAT. 560]]
Mission diplomatic engagement to foster commercial relations and
safeguard United States economic and business interests in the country
in which each Chief of Mission serves, including activities and
initiatives to create and maintain an enabling environment, promote and
protect such interests, and resolve commercial disputes: Provided, That
each Mission Resource Request and Bureau Resource Request shall include
amounts required to prioritize the activities described in this
subsection.
(b) <<NOTE: Assessment. Review. 22 USC 4028 note.>> Training.--In
carrying out section 705 of title VII of division J of Public Law 116-
94, the Secretary of State shall annually assess training needs across
the economic and commercial diplomacy issue areas and ensure, after a
review of course offerings, course attendance records, and course
evaluation results, that current offerings meet training needs.
(c) <<NOTE: Consultation. Notification.>> Assistance.--
(1) The Secretary of State should direct each Chief of
Mission to consider how best to advance and support commercial
relations and the safeguarding of United States business
interests in the development and execution of the applicable
Integrated Country Strategy and the Mission Resource Request for
each country receiving bilateral assistance from funds
appropriated by this Act.
(2) Of the funds appropriated by this Act under the heading
``National Security Investment Programs'', not less than
$5,000,000 shall be made available to enhance and expand
Department of State coordination with the Department of Commerce
on the furtherance of national and economic security interests,
subject to the coordination and concurrence of the Assistant
Secretary for Global Markets and Director General, United States
Foreign Commercial Service: Provided, That such funds shall not
be used to subsidize or replicate ongoing activities of the
United State Foreign Commercial Service, and may not be used for
programs or activities in the United States: Provided further,
That such funds are subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
international financial institutions
Sec. 7029. (a) <<NOTE: Public information.>> Evaluations.--The
Secretary of the Treasury shall instruct the United States executive
director of each international financial institution to use the voice of
the United States to encourage such institution to adopt and implement a
publicly available policy, including the strategic use of peer reviews
and external experts, to conduct independent, in-depth evaluations of
the effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable economic
growth, consistent with relevant safeguards, to ensure that decisions to
support such loans, grants, programs, and activities are based on
accurate data and objective analysis.
(b) Safeguards.--
(1) Standards.--The Secretary of the Treasury shall instruct
the United States Executive Director of the International Bank
for Reconstruction and Development and the International
Development Association to use the voice and vote of the United
States to oppose any loan, grant, policy,
[[Page 140 STAT. 561]]
or strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected Indigenous communities;
(C) <<NOTE: Human rights.>> do not provide
incentives for, or facilitate, forced displacement or
other violations of human rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in borrowing
countries' financial management and judicial capacity to investigate,
prosecute, and punish fraud and corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish, to
the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
[[Page 140 STAT. 562]]
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to encourage
such institution to effectively implement and enforce policies and
procedures which meet or exceed best practices in the United States for
the protection of whistleblowers from retaliation, including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
(h) Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to support independent investigative and adjudicative mechanisms
and procedures that meet or exceed best practices in the United States
to provide due process and fair compensation, including the right to
reinstatement, for employees who are subjected to harassment,
discrimination, retaliation, false allegations, or other misconduct.
(i) <<NOTE: President. Budget
request. Determination. Reports. China. Certification.>> Capital
Increases.--None of the funds appropriated by this Act may be made
available to support a new capital increase for an international
financial institution unless the President submits a budget request for
such increase to Congress and the Secretary of the Treasury concurrent
with such request determines and reports to the Committees on
Appropriations that--
(1) the capital increase sets such institution on a path to
meet its regional or global objectives, as appropriate,
including its overarching strategic framework and vision for its
role in development finance, and such increase includes
agreement on internal reforms and policy measures necessary to
enhance the efficiency and effectiveness of the institution; and
(2) the capital increase does not increase the voting power
of the People's Republic of China in such institution relative
to that of the United States, unless the Secretary of the
Treasury certifies and reports to the appropriate congressional
committees that such capital increase is in the national
interest of the United States.
(j) Opposition to Lending to the People's Republic of China.--The
Secretary of the Treasury shall instruct the United States executive
director at each multilateral development bank to use the voice and vote
of the United States to oppose any loan, extension of financial
assistance, or technical assistance by such bank to the People's
Republic of China.
(k) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations detailing any funding provided in the prior
calendar year by a financial intermediary fund overseen by the
Department of the Treasury to the People's Republic of China or any
country or region subject to comprehensive sanctions by the United
States.
[[Page 140 STAT. 563]]
economic resilience initiative
Sec. 7030. <<NOTE: Notifications.>> (a) Of the funds appropriated by
this Act under the heading ``National Security Investment Programs'',
not less than $155,000,000 shall be made available for the Economic
Resilience Initiative to enhance the economic security and stability of
the United States and partner countries, including through efforts to
counter economic coercion: Provided, <<NOTE: Consultation.>> That funds
made available by this section may only be made available following
consultation with, and the regular notification procedures of, the
Committees on Appropriations, and shall include support for--
(1) strategic infrastructure investments, which shall be
administered by the Secretary of State in consultation with the
heads of other relevant Federal agencies;
(2) activities to enhance critical mineral supply chain
security; and
(3) the Cyberspace, Digital Connectivity, and Related
Technologies Fund in accordance with Chapter 10 of Part II of
the Foreign Assistance Act of 1961: Provided, That the authority
of section 592(f) of such Act may apply to amounts made
available for such Fund under the heading ``National Security
Investment Programs'' and such funds may be made available for
the Digital Connectivity and Cybersecurity Partnership program
consistent with section 6306 of the Department of State
Authorization Act of 2023 (division F of Public Law 118-31).
(b) <<NOTE: Transfer authority.>> Funds appropriated by subsection
(a) may be transferred to, and merged with, funds appropriated by this
Act to the Export-Import Bank of the United States under the heading
``Program Account'', to the United States International Development
Finance Corporation under the heading ``Corporate Capital Account'', and
under the heading ``Trade and Development Agency'': Provided, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the regular
notification procedures of the Committees on Appropriations.
(c) Of the funds appropriated under title III of this Act, not less
than $185,250,000 shall be made available for energy development and
security programs for countries globally through approaches consistent
with section 3 of the Electrify Africa Act (Public Law 114-121), to
improve energy access, productivity, and self-reliance, including to
counter the influence of the People's Republic of China and increase the
economic competitiveness of the United States in the energy sector.
(d) <<NOTE: Applicability.>> Section 7030(c) of division F of Public
Law 118-47 shall apply during fiscal year 2026.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A) the requirements included in section
7031(a)(1)(A) through (E) of the Department of State,
Foreign Operations,
[[Page 140 STAT. 564]]
and Related Programs Appropriations Act, 2019 (division
F of Public Law 116-6) are fully met; and
(B) the government of the recipient country is
taking steps to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the <<NOTE: Applicability.>> requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $2,500,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) <<NOTE: Reports.>> Suspension of assistance.--The
Secretary of State shall suspend any direct government-to-
government assistance if the Secretary has credible information
of material misuse of such assistance, unless the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse has
been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2027 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) <<NOTE: China.>> Debt service payment prohibition.--None
of the funds made available by this Act may be used by the
government of any foreign country for debt service payments owed
by any country to any international financial institution or to
the Government of the People's Republic of China.
(b) <<NOTE: Updates.>> National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) <<NOTE: Public information. Web posting.>> Determination
and report.--For each government identified pursuant to
paragraph (1), the Secretary of State, not later than 180 days
after the date of enactment of this Act, shall make or update
any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That such
report shall include the elements included under this section in
House Report 118-146.
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``National Security
Investment Programs'' shall be made available for programs
[[Page 140 STAT. 565]]
and activities to assist governments identified pursuant to
paragraph (1) to improve budget transparency and to support
civil society organizations in such countries that promote
budget transparency.
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human rights,
including the wrongful detention of locally employed
staff of a United States diplomatic mission or a United
States citizen or national, shall be ineligible for
entry into the United States.
(B) <<NOTE: Determination.>> Concurrent with the
application of subparagraph (A), the Secretary shall, as
appropriate, refer the matter to the Office of Foreign
Assets Control, Department of the Treasury, to determine
whether to apply sanctions authorities in accordance
with United States law to block the transfer of property
and interests in property, and all financial
transactions, in the United States involving any person
described in such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information without
regard to whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) <<NOTE: Determination.>> Waiver.--The Secretary may
waive the application of paragraph (1) if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) <<NOTE: Time periods. Termination
date. Classified information. List.>> Report.--Not later than 30
days after the date of enactment of this Act, and every 90 days
thereafter until September 30, 2027, the Secretary of State
shall submit a report, including a classified annex if
necessary, to the appropriate congressional committees and the
Committees on the Judiciary describing the information related
to corruption or violation of human rights concerning each of
the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who the
Secretary designated or identified pursuant to paragraph (1)(B),
or who would be ineligible but for the application of paragraph
(2), a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
[[Page 140 STAT. 566]]
(6) <<NOTE: Records.>> Clarification.--For purposes of
paragraphs (1), (4), and (5), the records of the Department of
State and of diplomatic and consular offices of the United
States pertaining to the issuance or refusal of visas or permits
to enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict minerals, and for
technical assistance to promote independent audit mechanisms and
support civil society participation in natural resource
management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct the
executive director of each international financial
institution to use the voice and vote of the United
States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to any
country for the extraction and export of a natural
resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered that: (1)
accurately account for and publicly disclose payments to
the government by companies involved in the extraction
and export of natural resources; (2) include independent
auditing of accounts receiving such payments and the
public disclosure of such audits; and (3) require public
disclosure of agreement and bidding documents, as
appropriate.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
such subparagraph.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this Act under
the headings ``National Security Investment Programs'', ``Democracy
Fund'', and ``International Narcotics Control and Law Enforcement'',
$2,175,000,000 should be made available for democracy programs as
described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act).
(b) Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
[[Page 140 STAT. 567]]
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for the
NED are made available pursuant to the authority of the National
Endowment for Democracy Act (title V of Public Law 98-164),
including all decisions regarding the selection of
beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) <<NOTE: Determination. Negotiation.>> Restrictions on Foreign
Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of the
assistance, and the participants in such programs shall not be
subject to prior approval by the government of any foreign
country.
(2) Disclosure of implementing partner information.--If the
Secretary of State determines that the government of the country
is undemocratic or has engaged in or condoned harassment,
threats, or attacks against organizations implementing democracy
programs, any new bilateral agreement governing the terms and
conditions under which assistance is provided to such country
shall not require the disclosure of the names of implementing
partners of democracy programs, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform to this requirement.
(e) Protection of Civil Society Activists and Journalists.--Funds
appropriated by this Act under the headings ``National Security
Investment Programs'' and ``Democracy Fund'' shall be made available to
support and protect members of civil society and journalists who have
been threatened, harassed, or attacked.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs'' shall
be made available for the Office of International Religious Freedom,
Department of State.
(b) Assistance.--
(1) Of the funds appropriated by this Act under the headings
``National Security Investment Programs'' and ``Democracy
Fund'', not less than $40,000,000 shall be made available for
international religious freedom programs: Provided, That such
funds shall be the responsibility of the Ambassador-at-Large for
International Religious Freedom, in consultation with other
relevant United States Government officials: Provided further,
That such funds shall be prioritized for programs in countries
designated as a country of particular concern
[[Page 140 STAT. 568]]
for religious freedom pursuant to section 402(b)(1)(A)(ii) of
the International Religious Freedom Act of 1998 (22 U.S.C.
6442).
(2) Funds appropriated by this Act under the heading
``International Humanitarian Assistance'' shall be made
available for humanitarian assistance for vulnerable and
persecuted ethnic and religious minorities, including victims of
genocide designated by the Secretary of State and other groups
that have suffered crimes against humanity and ethnic cleansing.
(c) Authority.--Funds appropriated by this Act under the heading
``National Security Investment Programs'' may be made available
notwithstanding any other provision of law for assistance for ethnic and
religious minorities in Iraq and Syria.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese, and
to combat trafficking in persons and assist victims of such trafficking
may be made available notwithstanding any other provision of law.
(b) Forensic Assistance.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', not less than
$15,000,000 shall be made available for forensic assistance related to
combating human trafficking as well as the exhumation and identification
of victims of war crimes, crimes against humanity, and genocide:
Provided, That such funds shall be in addition to funds made available
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance for
countries.
(c) <<NOTE: Notifications. Consultations.>> Directives and
Authorities.--
(1) Genocide victims memorial sites.--Funds appropriated by
this Act under the heading ``National Security Investment
Programs'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(2) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange Visitor
Program administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961 (Public Law
87-256; 22 U.S.C. 2451 et seq.), except through the formal
rulemaking process pursuant to the Administrative Procedure Act
(5 U.S.C. 551 et seq.) and notwithstanding the exception to such
rulemaking process in such Act: Provided, That funds made
available for such purpose shall only be made available after
consultation with, and subject to the regular notification
procedures of, the Committees on Appropriations, regarding how
any proposed modification would affect the public diplomacy
goals of, and the estimated economic impact on, the United
States: Provided further, <<NOTE: Deadline. Federal Register,
publication.>> That such consultation shall take place not later
than 30 days prior to the publication in the Federal Register of
any regulatory action modifying the Exchange Visitor Program.
(3) Payments.--Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
[[Page 140 STAT. 569]]
operations, and related programs under the headings ``Diplomatic
Programs'', except for funds designated by Congress as an
emergency requirement pursuant to a concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control Act
of 1985, are available to provide payments pursuant to section
901(i)(2) of title IX of division J of the Further Consolidated
Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That
funds made available pursuant to this paragraph shall be subject
to prior consultation with the Committees on Appropriations.
(4) <<NOTE: Extension. Applicability.>> Program
coordination.--The fourth proviso under the heading
``International Narcotics Control and Law Enforcement'' in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-103)
shall continue in effect during fiscal year 2026 and apply to
funds appropriated under such heading in this Act.
(d) <<NOTE: Consultation. Contracts. Grants.>> Partner Vetting.--
Prior to initiating a partner vetting program, providing a direct
vetting option, or making a significant change to the scope of an
existing partner vetting program, the Secretary of State shall consult
with the Committees on Appropriations: Provided, That the Secretary of
State may restrict the award of, terminate, or cancel contracts, grants,
or cooperative agreements or require an awardee to restrict the award
of, terminate, or cancel a sub-award based on information in connection
with a partner vetting program.
(e) <<NOTE: Compliance. Reports.>> International Child Abductions.--
The Secretary of State should withhold funds appropriated under title
III of this Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the Convention on
the Civil Aspects of International Child Abductions, done at the Hague
on October 25, 1980: Provided, That the Secretary shall report to the
Committees on Appropriations within 15 days of withholding funds under
this subsection.
(f) <<NOTE: President.>> Contingencies.--During fiscal year 2026,
the President may use up to $125,000,000 under the authority of section
451 of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) Transfer of Funds for Extraordinary Protection.--The
Secretary <<NOTE: Deadline.>> of State may transfer to, and merge with,
funds under the heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the heading
``Diplomatic Programs'' for fiscal year 2026, at no later than the end
of the fifth fiscal year after the last fiscal year for which such funds
are available for the purposes for which appropriated: Provided, That
not more than $50,000,000 may be transferred.
(h) <<NOTE: Extension. Time period.>> Impact on Jobs.--Section 7056
of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (division K of Public Law 116-260) shall
continue in effect during fiscal year 2026.
(i) <<NOTE: Time period. 5 USC 5753 note.>> Extension of
Authorities.--
(1) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2026.
[[Page 140 STAT. 570]]
(2) <<NOTE: 8 USC 1715 note.>> Transfer of balances.--
Section 7081(h) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31) shall continue in effect during fiscal year
2026.
(3) <<NOTE: Applicability.>> Protective services.--Section
7071 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-
103) shall continue in effect during fiscal year 2026 and shall
apply to funds appropriated by this Act.
(4) <<NOTE: Applicability.>> Extensions.--
(A) Chapter 5 of title I of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-
11; 117 Stat. 576) is amended under the heading ``Loan
Guarantees to Israel''--
(i) in the matter preceding the first proviso,
by striking ``September 30, 2030'' and inserting
``September 30, 2031''; and
(ii) in the second proviso, by striking
``September 30, 2030'' and inserting ``September
30, 2031''.
(B) Section 7030(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2024 (division J of Public Law 118-47) shall
continue in effect during fiscal year 2026 and shall--
(i) also apply to funds appropriated by this
Act under the heading ``National Security
Investment Programs'' and to the countries of
Costa Rica and Panama; and
(ii) be applied by substituting ``Department
of State'' for ``United States Agency for
International Development''.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2025'' and inserting ``2025, and 2026''; and
(ii) in subsection (e), by striking ``2025''
each place it appears and inserting ``2026''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2025'' and inserting ``2026''.
(j) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That <<NOTE: Notification.>> the
authority in section 525(b)(5) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005 (Public Law
108-447) shall be exercised by the Secretary of State with respect to
funds deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the Secretary
shall include in the congressional budget justification an accounting of
budgetary
[[Page 140 STAT. 571]]
resources, disbursements, balances, and reimbursements related to such
fund.
(k) Foundation.--Subtitle A of title LI of division E of the
Servicemember Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118-159) is amended--
(1) in section 5101(6) (22 U.S.C. 10601(6)), by striking
``International Conservation'' and inserting ``Natural Security
and Counterterrorism''; and
(2) in section 5102 (22 U.S.C. 10602)--
(A) in the section heading, by striking
``international conservation'' and inserting ``natural
security and counterterrorism''; and
(B) in subsection (a)(1), by striking
``International Conservation'' and inserting ``Natural
Security and Counterterrorism''.
(l) Definitions.--
(1) <<NOTE: 8 USC 1182 note.>> Appropriate congressional
committees.--Unless otherwise defined in this Act, for purposes
of this Act the term ``appropriate congressional committees''
means the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) Congressional notifications.--The term ``regular
notification procedures of the Committees on Appropriations''
means such Committees shall be notified not less than 15 days in
advance of the obligation of funds: Provided, That such
notifications shall include the information detailed under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(3) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(4) <<NOTE: 22 USC 262h note.>> International financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the
International Fund for Agricultural Development, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(5) Pacific islands countries.--In this Act, the term
``Pacific Islands countries'' means the Cook Islands, the
Republic of Fiji, the Republic of Kiribati, the Republic of the
Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, Niue, the Republic of Palau, the Independent
State of Papua New Guinea, the Independent State of Samoa, the
Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic
of Vanuatu.
[[Page 140 STAT. 572]]
(6) Prior consultation.--For the purposes of this Act, the
term ``prior consultation'' means a substantive engagement
between a relevant Federal agency and the Committees on
Appropriations at least 7 days prior to any public announcement
or submission of a notification in which such Committees are
provided with details and the opportunity to engage on--
(A) the proposed use of funds, as applicable;
(B) the development, content, or conduct of a
program, project, or activity; and
(C) the proposed decision to be taken.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(8) Successor operating unit.--Any reference to a particular
operating unit or office in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be deemed to include any successor
operating unit performing the same or similar functions.
(9) This act.--This Act shall be deemed to be an Act making
appropriations for the Department of State, Foreign Operations,
and Related Programs for purposes of any provision of law
citing, or referring to amounts made available by, such an Act.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions
of chapter 1 of part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, anti-
corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance,
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster improved
police relations with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment in an amount above the
prior fiscal year.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package
[[Page 140 STAT. 573]]
of lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing
Program'': <<NOTE: Applicability. Determination.>> Provid
ed, That the requirement of this subparagraph shall
apply to a country in conflict, unless the Secretary
determines that such country has in place, to the
maximum extent practicable, functioning combat casualty
care treatment and equipment that meets or exceeds the
standards recommended by the Committee on Tactical
Combat Casualty Care: Provided further, That any such
training and equipment for combat casualty care shall be
made available through an open and competitive process.
(3) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the
requirements of international humanitarian law as a component of
any package of lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'': Provided, That the
requirement of this paragraph shall not apply to a country that
is a member of the North Atlantic Treaty Organization (NATO), is
a major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided further, That any such
training shall be made available through an open and competitive
process.
(4) International prison conditions.--Funds appropriated by
this Act under the headings ``National Security Investment
Programs'' and ``International Narcotics Control and Law
Enforcement'' shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961:
Provided, <<NOTE: Consultation. Deadline.>> That the Secretary
of State shall consult with the Committees on Appropriations on
the proposed uses of such funds prior to obligation and not
later than 60 days after the date of enactment of this Act:
Provided further, That such funds shall be in addition to funds
otherwise made available by this Act for such purpose.
(5) Management and transparency of assistance.--Of the funds
appropriated by this Act under the heading ``Diplomatic
Programs'', not less than $2,500,000 shall be made available for
the Bureau of Political-Military Affairs, Department of State,
in accordance with the purposes specified under this heading in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) <<NOTE: Extension. Time
period. Applicability.>> Disarmament, demobilization, and
reintegration.--Section 7034(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect
during fiscal year 2026, and shall apply to funds made available
by this
[[Page 140 STAT. 574]]
Act under the heading ``National Security Investment Programs''.
(3) <<NOTE: Notification. Israel. Egypt. President. Determination
. 22 USC 2763 note.>> Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2028:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(5) Extension of war reserve stockpile authority.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``2027'' and inserting
``2028''.
(6) <<NOTE: Applicability.>> Program clarification.--
Notwithstanding section 503(a)(3) of Public Law 87-195 (22
U.S.C. 2311(a)(3)), the procurement of defense articles and
services funded on a non-repayable basis under section 23 of the
Arms Export Control Act may be priced to include the costs of
salaries of members of the Armed Forces of the United States
engaged in security assistance activities pursuant to 10 U.S.C.
341 (relating to the State Partnership Program): Provided, That
this paragraph shall only apply to funds that remain available
for obligation in fiscal year 2026.
(7) <<NOTE: Time period. Applicability.>> Foreign military
financing direct loans and loan guarantees.--Through fiscal year
2027, the terms and conditions provided in section 2606(a) and
(b) of the Consolidated Appropriations Act, 2022 (Public Law
117-103; 136 Stat. 785) shall apply in the same manner and to
the same extent to amounts made available by this Act under the
heading ``Foreign Military Financing Program'', except that the
limitations on amounts made available for direct loans and loan
guarantees under sections 2606(a) and (b) shall each be
increased by an additional $8,000,000,000, and the phrase ``,
except with respect to the initial obligation of funds for such
costs'' shall be inserted before the period in the final proviso
of section 2606(a) and the final proviso of section 2606(b).
(8) Continuation of authority.--Section 7035(b)(7) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2024 (division F of Public Law 118-47) shall
continue in effect during fiscal year 2026.
[[Page 140 STAT. 575]]
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the Department
of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no
cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended
operational environments, and the agreement
applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions
technology specifies that the cluster munitions
will only be used against clearly defined military
targets and will not be used where civilians are
known to be present or in areas normally inhabited
by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing or
permanently disposing of such cluster munitions.
(3) <<NOTE: Determinations.>> Crowd control.--If the
Secretary of State has information that a unit of a foreign
security force uses excessive force to repress peaceful
expression or assembly concerning corruption, harm to the
environment or human health, or the fairness of electoral
processes, or in countries that are undemocratic or undergoing
democratic transition, the Secretary shall promptly determine if
such information is credible: Provided, That if the information
is determined to be credible, funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for such
unit, unless the Secretary of State determines that the foreign
government is taking effective measures to bring the responsible
members of such unit to justice.
(4) Oversight and accountability.--
(A) <<NOTE: Consultation. Compliance.>> Prior to the
signing of a new Letter of Offer and Acceptance (LOA)
involving funds appropriated under the heading ``Foreign
Military Financing Program'', the Secretary of State
shall consult with each recipient government to ensure
that the LOA between the United States and such
recipient government complies with the purposes of
section 4 of the Arms Export Control Act (22 U.S.C.
2754) and that the defense articles, services, and
training procured with funds appropriated under such
heading are consistent with United States national
security policy.
(B) <<NOTE: Notification.>> The Secretary of State
shall promptly inform the appropriate congressional
committees of any instance in
[[Page 140 STAT. 576]]
which the Secretary of State has credible information
that such assistance was used in a manner contrary to
such agreement.
(d) <<NOTE: Definitions.>> Other Matters.--
(1) Security assistance report.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report on
funds obligated and expended during fiscal year 2025, by country
and purpose of assistance, including for sustainment of
Department of Defense security cooperation programs, and under
the headings ``Peacekeeping Operations'', ``International
Military Education and Training'', and ``Foreign Military
Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds appropriated
to the Department of Defense or the Department of State, except
for training provided by the government of a country designated
by section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major
non-NATO ally: Provided, That such third-country training shall
be clearly identified in the report submitted pursuant to
section 656 of such Act.
(3) Leahy law.--For purposes of implementing section 620M of
the Foreign Assistance Act of 1961, the term ``credible
information'' means information that, considering the source of
such information and the surrounding circumstances, supports a
reasonable belief that a violation has occurred, and shall not
be determined solely on the basis of the number of sources;
whether the source has been critical of a policy of the United
States Government or its security partners; whether the source
has a personal connection to the information being reported; or
whether the United States Government is able to independently
verify the information.
countering the flow of fentanyl and other synthetic drugs
Sec. 7036. (a) Assistance.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', not less than
$150,000,000 shall be made available for programs to counter the flow of
fentanyl, fentanyl precursors, and other synthetic drugs into the United
States: Provided, That such funds shall be in addition to funds
otherwise made available for such purposes.
(b) Uses of Funds.--Funds made available pursuant to subsection (a)
shall be made available to support--
(1) <<NOTE: China. Mexico.>> efforts to stop the flow of
fentanyl, fentanyl precursors, and other synthetic drugs and
their precursor materials to the United States from and through
the People's Republic of China (PRC), Mexico, and other
countries;
(2) law enforcement cooperation and capacity building
efforts aimed at disrupting and dismantling transnational
[[Page 140 STAT. 577]]
criminal organizations involved in the production and
trafficking of fentanyl, fentanyl precursors, and other
synthetic drugs;
(3) implementation of the Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act (part 7
of subtitle C of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, Public Law 117-263); and
(4) engagement, including through multilateral organizations
and frameworks, to catalyze collective action to address the
public health and security threats posed by fentanyl, fentanyl
precursors, and other synthetic drugs, including through the
Global Coalition to Address Synthetic Drug Threats.
palestinian statehood
Sec. 7037. <<NOTE: Determination. Certification.>> (a) Limitation on
Assistance.--None of the funds appropriated under titles III through VI
of this Act may be provided to support a Palestinian state unless the
Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) <<NOTE: President. Determination.>> Waiver.--The President may
waive subsection (a) if the President determines that it is important to
the national security interest of the United States to do so.
[[Page 140 STAT. 578]]
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039.
(a) <<NOTE: Deadline. Certification. Procedures. Records. Review.>> Overs
ight.--For fiscal year 2026, 30 days prior to the initial obligation of
funds for the bilateral West Bank and Gaza Program, the Secretary of
State shall certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States assistance for
the Program funded under the heading ``National Security Investment
Programs'' for the West Bank and Gaza.
(b) <<NOTE: Terrorism. Determinations. Procedures. Termination.>> Vetting
.--Prior to the obligation of funds appropriated by this Act under the
heading ``National Security Investment Programs'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that have
as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the Secretary
of State shall, as appropriate, establish procedures specifying the
steps to be taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist
activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism; and
(B) <<NOTE: Determination.>> any educational
institution located in the West Bank or Gaza that is
named after an individual who the Secretary of State
determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
[[Page 140 STAT. 579]]
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on--
(A) the benchmarks that have been established for
security assistance for the West Bank and Gaza and on
the extent of Palestinian compliance with such
benchmarks; and
(B) the steps being taken by the Palestinian
Authority to end torture and other cruel, inhuman, and
degrading treatment of detainees, including by bringing
to justice members of Palestinian security forces who
commit such crimes.
(d) Oversight by the Department of State.--
(1) <<NOTE: Audits. Contracts. Grants. Time
period. Compliance.>> The Secretary of State shall ensure that
Federal or non-Federal audits of all contractors and grantees,
and significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,400,000
may be used by the Office of Inspector General of the Department
of State for audits, investigations, and other activities in
furtherance of the requirements of this subsection: Provided,
That such funds are in addition to funds otherwise available for
such purposes.
(e) Comptroller General of the United States Audit.--Subsequent
to <<NOTE: Investigation.>> the certification specified in subsection
(a), the Comptroller General of the United States shall conduct an audit
and an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2026 under the
heading ``National Security Investment Programs'', and such audit shall
address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. <<NOTE: President.>> (a) Prohibition of Funds.--None of
the funds appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the Palestinian
Authority.
(b) <<NOTE: Certification.>> Waiver.--The prohibition included in
subsection (a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives, the President pro tempore
of the Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the United
States.
[[Page 140 STAT. 580]]
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) <<NOTE: Reports.>> Certification.--If the President exercises
the waiver authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to the
obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and all
financing mechanisms flow through this account, no parallel financing
mechanisms exist outside of the Palestinian Authority treasury account,
and there is a single comprehensive civil service roster and payroll,
and the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed at
promoting peace, coexistence, and security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) <<NOTE: Certification. Reports. Compliance.>> Notwithstanding
the limitation of paragraph (1), assistance may be provided to
a power-sharing government only if the President certifies and
reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent,
has publicly accepted and is complying with the principles
contained in section 620K(b)(1)(A) and (B) of the Foreign
Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) <<NOTE: Reports. Time period. Compliance.>> Whenever the
certification pursuant to paragraph (2) is exercised, the
Secretary of State shall submit a report to the Committees on
Appropriations within 120 days of the certification and every
quarter thereafter on whether such government, including all of
its ministers or such equivalent are continuing to comply with
the principles contained in section 620K(b)(1)(A) and (B) of the
Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
[[Page 140 STAT. 581]]
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Assistance.--Of the funds appropriated by this Act, not
less than $1,425,000,000 should be made available for assistance
for Egypt, of which--
(A) not less than $125,000,000 shall be made
available from funds under the heading ``National
Security Investment Programs'', of which not less than
$40,000,000 should be made available for higher
education programs, including not less than $15,000,000
for scholarships for Egyptian students with high
financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited
by a regional accrediting agency recognized by the
United States Department of Education, or meets
standards equivalent to those required for United States
institutional accreditation by a regional accrediting
agency recognized by such Department: Provided, That
such funds shall be made available for democracy
programs, and for development programs in the Sinai; and
(B) not less than $1,300,000,000 shall be made
available from funds under the heading ``Foreign
Military Financing Program'', to remain available until
September 30, 2027, subject to the requirements of
paragraphs (3) and (4): Provided, <<NOTE: Transfer
authority. Consultation. Notification.>> That such funds
may be transferred to an interest bearing account in the
Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations and the uses of
any interest earned on such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(2) Additional security assistance.--In addition to amounts
made available pursuant to paragraph (1), not less than
$75,000,000 of the funds appropriated under the heading
``Foreign Military Financing Program'' shall be made available
for assistance for Egypt.
(3) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law restricting
assistance for Egypt, except for this subsection and section
620M of the Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(4) <<NOTE: Certification. Reports.>> Withholding.--Of the
funds made available pursuant to paragraph (1)(B), $320,000,000
shall be withheld from obligation until the Secretary certifies
and reports to the Committees on Appropriations that the
Government of Egypt is meeting the requirements under this
section in the explanatory statement described in section 4 (in
the matter preceding division
[[Page 140 STAT. 582]]
A of this consolidated Act): Provided, <<NOTE: Waiver
authority. Determination.>> That the Secretary may waive such
requirement if the Secretary determines and reports to the
Committees on Appropriations that such funds are necessary for
counterterrorism, border security, or nonproliferation programs
or that it is otherwise important to the national security
interest of the United States to do so, including a detailed
justification for the use of such waiver and the reasons why any
of the requirements cannot be met: Provided further, That the
report required by the previous proviso shall be submitted in
unclassified form but may be accompanied by a classified annex.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``National Security Investment
Programs'', and ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available--
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of United Nations Security Council Resolutions
or to efforts that advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and
ballistic missile and weapons proliferation; and
(D) for democracy programs in support of the
aspirations of the Iranian people.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
(i) the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed enforcement
of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(3) Limitations.--None of the funds appropriated by this Act
may be--
(A) used to implement an agreement with the
Government of Iran relating to the nuclear program of
Iran, or a renewal of the Joint Comprehensive Plan of
Action adopted on October 18, 2015, in contravention of
the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C.
2160e);
(B) made available to any foreign entity or person
that is subject to United Nations or United States
bilateral sanctions with respect to the Government of
Iran; or
[[Page 140 STAT. 583]]
(C) <<NOTE: Islamic1Revolutionary Guard
Corps. Terrorism.>> used to revoke the designation of
the Islamic Revolutionary Guard Corps as a Foreign
Terrorist Organization pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(c) <<NOTE: Disbursement. Deadline.>> Israel.--Of the funds
appropriated by this Act under the heading ``Foreign Military Financing
Program'', not less than $3,300,000,000 shall be available for grants
only for Israel: Provided, That funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' and made available for
assistance for Israel shall be disbursed within 30 days of the date of
enactment of this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons systems,
of which not less than $250,300,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development.
(d) Jordan.--
(1) Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available for
assistance for Jordan, of which not less than $845,100,000 shall
be made available for budget support for the Government of
Jordan and not less than $425,000,000 shall be made available
under the heading ``Foreign Military Financing Program''.
(2) In addition to amounts made available pursuant to
paragraph (1), not less than $400,000,000 of the funds
appropriated under the heading ``National Security Investment
Programs'' shall be made available for assistance for Jordan,
which shall be made available for budget support, and not less
than $50,000,000 of the funds appropriated under the heading
``Foreign Military Financing Program'' shall be made available
for assistance for Jordan.
(e) Lebanon.--
(1) <<NOTE: Lebanese Internal Security Forces. Lebanese
Armed Forces. Terrorism.>> Limitation.--None of the funds
appropriated by this Act may be made available for the Lebanese
Internal Security Forces (ISF) or the Lebanese Armed Forces
(LAF) if the ISF or the LAF is controlled by a foreign terrorist
organization, as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Security assistance.--
(A) <<NOTE: Consultation.>> Funds appropriated by
this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are made available for
assistance for Lebanon may be made available for
programs and equipment for the ISF and the LAF to
address security and stability requirements in areas
affected by conflict in Syria, following consultation
with the appropriate congressional committees.
(B) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are made
available for assistance for Lebanon may only be made
available for programs to--
(i) professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen the security of borders and
combat terrorism, including training and equipping
the LAF
[[Page 140 STAT. 584]]
to secure the borders of Lebanon and address
security and stability requirements in areas
affected by conflict in Syria, interdicting arms
shipments, and preventing the use of Lebanon as a
safe haven for terrorist groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, <<NOTE: Spend plan.>> That prior to
obligating funds made available by this subparagraph for
assistance for the LAF, the Secretary of State shall
submit to the Committees on Appropriations a spend plan,
including actions to be taken to ensure equipment
provided to the LAF is used only for the intended
purposes, except such plan may not be considered as
meeting the notification requirements under section 7015
of this Act or under section 634A of the Foreign
Assistance Act of 1961: <<NOTE: Notification.>> Provided
further, That any notification submitted pursuant to
such section shall include any funds specifically
intended for lethal military equipment.
(3) Assistance.--Funds appropriated by this Act under the
heading ``National Security Investment Programs'' that are made
available for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(f) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available, notwithstanding
any other provision of law, for non-lethal stabilization
assistance for Syria, including for emergency medical and rescue
response and chemical weapons investigations.
(2) Limitations.--Funds appropriated by this Act and made
available for assistance for Syria may not be made available
for--
(A) <<NOTE: Iran. Terrorism.>> a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated
pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)), or a proxy of Iran in
Syria; and
(B) <<NOTE: Russia. Determination.>> activities that
further the strategic objectives of the Government of
the Russian Federation that the Secretary of State
determines may threaten or undermine United States
national security interests.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for any
new program, project, or activity in Syria shall be subject to
prior consultation with the appropriate congressional
committees.
(g) <<NOTE: Consultation.>> Tunisia.--Funds appropriated under
titles III and IV of this Act shall be made available for assistance for
Tunisia for the purposes described under this section in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), following consultation with the Committees on
Appropriations.
(h) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``National
[[Page 140 STAT. 585]]
Security Investment Programs'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the Committees
on Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``National Security Investment Programs'' in
this Act may be made available for assistance for the
Palestinian Authority, if after the date of enactment of
this Act--
(I) the Palestinians obtain the same standing
as member states or full membership as a state in
the United Nations or any specialized agency
thereof outside an agreement negotiated between
Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support such
an investigation, that subjects Israeli nationals
to an investigation for alleged crimes against
Palestinians.
(ii) <<NOTE: Waiver
authority. Certification. Reports.>> The Secretary of
State may waive the restriction in clause (i) of this
subparagraph resulting from the application of subclause
(I) of such clause if the Secretary certifies to the
Committees on Appropriations that to do so is in the
national security interest of the United States, and
submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) <<NOTE: President. Waiver
authority. Determinations. Certifications.>> The
President may waive the provisions of section 1003 of
the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the appropriate congressional
committees that the Palestinians have not, after the
date of enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) <<NOTE: Time period.>> Not less than 90 days
after the President is unable to make the certification
pursuant to clause (i) of this subparagraph, the
President may waive section 1003 of Public Law 100-204
if the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees
on Appropriations that the Palestinians have
[[Page 140 STAT. 586]]
entered into direct and meaningful negotiations with
Israel: Provided, That any waiver of the provisions of
section 1003 of Public Law 100-204 under clause (i) of
this subparagraph or under previous provisions of law
must expire before the waiver under this clause may be
exercised.
(iii) <<NOTE: Effective date. Time period.>> Any
waiver pursuant to this subparagraph shall be effective
for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of
this Act.
(3) Gaza oversight.--
(A) <<NOTE: Reports.>> Certification.--The Secretary
of State shall certify and report to the appropriate
congressional committees not later than 15 days after
the date of enactment of this Act, that--
(i) oversight policies, processes, and
procedures have been established by the Department
of State and are in use to prevent the diversion
to Hamas and other terrorist and extremist
entities in Gaza and the misuse or destruction by
such entities of assistance, including through
international organizations; and
(ii) <<NOTE: Israel.>> such policies,
processes, and procedures have been developed in
coordination with other bilateral and multilateral
donors and the Government of Israel, as
appropriate.
(B) <<NOTE: Israel.>> Oversight policy and
procedures.--The Secretary of State shall submit to the
appropriate congressional committees, concurrent with
the submission of the certification required in
subparagraph (A), a written description of the oversight
policies, processes, and procedures for funds
appropriated by this Act that are made available for
assistance for Gaza, including specific actions to be
taken should such assistance be diverted, misused, or
destroyed, and the role of the Government of Israel in
the oversight of such assistance.
(C) Requirement to inform.--The Secretary of State
shall promptly inform the appropriate congressional
committees of each instance in which funds appropriated
by this Act that are made available for assistance for
Gaza have been diverted, misused, or destroyed, to
include the type of assistance, a description of the
incident and parties involved, and an explanation of the
response of the Department of State.
(D) <<NOTE: Consultation.>> Third party
monitoring.--Funds appropriated by this Act shall be
made available for third party monitoring of assistance
for Gaza, including end use monitoring, following
consultation with the appropriate congressional
committees.
(E) <<NOTE: Time period.>> Report.--Not later than
90 days after the initial obligation of funds
appropriated by this Act that are made available for
assistance for Gaza, and every 90 days thereafter until
all such funds are expended, the Secretary of State
shall submit to the appropriate congressional committees
a report detailing the amount and purpose of such
assistance provided during each respective quarter,
including a description of the specific entity
implementing such assistance.
[[Page 140 STAT. 587]]
(F) <<NOTE: Time period. Termination
date. Reports. Hamas. Terorrism.>> Assessment.--Not
later than 90 days after the date of enactment of this
Act and every 90 days thereafter until September 30,
2027, the Secretary of State, in consultation with the
Director of National Intelligence and other heads of
elements of the intelligence community that the
Secretary considers relevant, shall submit to the
appropriate congressional committees a report assessing
whether funds appropriated by this Act and made
available for assistance for the West Bank and Gaza have
been diverted to or destroyed by Hamas or other
terrorist and extremist entities in the West Bank and
Gaza: Provided, That such report shall include details
on the amount and how such funds were made available and
used by such entities: Provided further, That such
report may be submitted in classified form, if
necessary.
(G) <<NOTE: Deadline.>> Consultation.--Not later
than 30 days after the date of enactment of this Act but
prior to the initial obligation of funds made available
by this Act for humanitarian assistance for Gaza, the
Secretary of State shall consult with the Committees on
Appropriations on the amount and anticipated uses of
such funds.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``National Security Investment
Programs'' that are made available for assistance for the West
Bank and Gaza shall be made available consistent with section
1004(a) of the Taylor Force Act (title X of division S of Public
Law 115-141).
(5) <<NOTE: Applicability.>> Security report.--The reporting
requirements in section 1404 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252) shall apply to funds made
available by this Act, including a description of modifications,
if any, to the security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace and
coexistence with Israel.
africa
Sec. 7042. (a) Central African Republic.--Funds appropriated by this
Act under the heading ``National Security Investment Programs'' may be
made available for a contribution to the Special Criminal Court in
Central African Republic.
(b) Countries of the African Great Lakes Region.--
(1) Peace agreement and regional economic integration.--
Funds appropriated under titles III and IV of this Act shall be
made available to support the June 27, 2025 Peace Agreement
Between the Democratic Republic of the Congo and the Republic of
Rwanda and implementation of the Regional Economic Integration
Framework, including for cross-border security and education
programs, east-west economic linkages, and health security in
Virunga National Park and adjoining national parks in Rwanda:
Provided, That such funds shall prioritize sectors deemed
critical by the Secretary of State to the national security and
economic interests of the United
[[Page 140 STAT. 588]]
States, including the mining sector and other natural resources:
Provided further, That such funds shall also be made available
to facilitate regional economic integration and investment,
including with Burundi and
Uganda: <<NOTE: Consultation. Notification.>> Provided further,
That such funds may only be made available following
consultation with, and the regular notification procedures of,
the Committees on Appropriations, and in accordance with the
requirements contained under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That not
less than $60,000,000 shall be made available for such purposes,
which are in addition to amounts made available for assistance
for the Democratic Republic of the Congo and the Republic of
Rwanda, including for bilateral assistance for such countries.
(2) Democratic republic of the congo.--Funds appropriated
under titles III and IV of this Act shall be made available for
bilateral assistance for the Democratic Republic of the Congo
(DRC) for agriculture, global health, law enforcement programs,
humanitarian assistance, and programs to address violence
against women and girls, including in Eastern DRC.
(3) Republic of rwanda.--Funds appropriated under titles III
and IV of this Act shall be made available for bilateral
assistance for the Republic of Rwanda, including for maternal
and child health programs, programs to combat malaria, and
continued support for the Government of Rwanda's education
reform efforts.
(4) <<NOTE: Determination. Reports.>> Assistance
restriction.--Funds appropriated by this Act under the heading
``International Military Education and Training'' for the
central government of a country in the African Great Lakes
region may be made available only for Expanded International
Military Education and Training and professional military
education until the Secretary of State determines and reports to
the Committees on Appropriations that such government is not
facilitating or otherwise participating in destabilizing
activities in a neighboring country, including aiding and
abetting armed groups.
(c) <<NOTE: Lord's Resistance Army. Child soldiers.>> Counter
Illicit Armed Groups.--Funds appropriated by this Act shall be made
available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) or other illicit armed groups in Eastern
Democratic Republic of the Congo and the Central African Republic,
including to improve physical access, telecommunications infrastructure,
and early-warning mechanisms and to support the disarmament,
demobilization, and reintegration of former LRA combatants, especially
child soldiers.
(d) Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to support--
(1) political dialogue;
(2) civil society and the protection of human rights;
(3) investigations and prosecutions of gross violations of
human rights;
(4) efforts to provide unimpeded access to, and monitoring
of, humanitarian assistance; and
(5) the restoration of basic services in areas impacted by
conflict.
(e) Nigeria.--
[[Page 140 STAT. 589]]
(1) Certification.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for the central Government of Nigeria, 50 percent may not be
obligated until the Secretary of State certifies to the
Committees on Appropriations that such Government is--
(A) taking effective steps to prevent and respond to
violence and hold perpetrators accountable;
(B) prioritizing resources to support victims of
such violence, including internally displaced persons;
(C) actively facilitating the safe return,
resettlement, and reconstruction of communities impacted
by the violence; and
(D) allocating sufficient resources to address the
conditions in subparagraphs (A) through (C).
(2) Program prioritization.--Funds appropriated under titles
III and IV of this Act that are made available for assistance
for Nigeria shall be made available on a cost-matching basis to
the maximum extent practicable and used to support--
(A) atrocities prevention, including through early
warning systems;
(B) advancing religious freedom;
(C) investigations and prosecutions of violence
committed by Fulani militia groups, jihadist terror
groups, and criminal gangs;
(D) the effectiveness and accountability of police
and security forces for the protection of civilians from
militia or terrorist attack;
(E) the delivery of humanitarian assistance;
(F) the restoration of basic services in areas
impacted by conflict including through faith-based and
local organizations; and
(G) the development of demobilization, disarmament,
and reintegration efforts to address the challenge of
illegal weapons trafficking and related security risks,
pursuant to section 7035(b)(2) of this Act.
(3) <<NOTE: Audit. Time period.>> Accountability.--The
Comptroller General of the United States shall conduct an
independent audit of all United States foreign assistance
provided to Nigeria during the 5 fiscal years preceding
enactment of this Act: Provided, That such audit shall assess
the criteria enumerated under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(f) South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central Government
of South Sudan, except to support implementation of a viable peace
agreement in South Sudan.
(g) Sudan.--
(1) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of Sudan, except to support implementation of
a viable peace agreement in Sudan.
(2) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for any
new program, project, or activity in Sudan shall be subject to
prior consultation with the appropriate congressional
committees.
[[Page 140 STAT. 590]]
(h) <<NOTE: Certifications. Reports.>> Zimbabwe.--
(1) <<NOTE: 22 USC 2151 note.>> Instruction.--The Secretary
of the Treasury shall instruct the United States executive
director of each international financial institution to vote
against any extension by the respective institution of any loan
or grant to the Government of Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of
State certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'', not
less than $121,000,000 shall be made available for assistance
for Burma for the purposes described in section 5575 of the
Burma Act of 2022 (subtitle E of title LV of division E of
Public Law 117-263) and section 7043(a) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2023 (division K of Public Law 117-
328): <<NOTE: Applicability.>> Provided, That the authorities,
limitations, and conditions contained in section 7043(a) of
division K of Public Law 117-328 shall apply to funds made
available for assistance for Burma under this Act, except for
the minimum funding requirements and paragraph (1)(B): Provided
further, That for the purposes of section 5575 of the Burma Act
of 2022 and assistance for Burma made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, ``non-lethal
assistance'' shall include equipment and associated training as
described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) Assistance.--Of the funds appropriated by subsection
(a), not less than the following amounts shall be made available
for assistance for Burma--
(A) $75,000,000 for assistance programs, including
in Thailand and India, and cross border programs;
(B) $10,000,000 for governance and federalism
programs, including at the local and state levels;
(C) $7,000,000 for atrocities prevention and
accountability programs, including for documentation and
preservation of evidence;
(D) $1,000,000 for accountability and justice
programs for crimes against the Rohingya;
(E) $25,000,000 for non-lethal assistance,
consistent with the requirements of paragraph (1);
(F) $1,500,000 for support for current and former
political prisoners; and
[[Page 140 STAT. 591]]
(G) $1,500,000 for deserter programs, consistent
with the requirements of paragraph (3).
(3) <<NOTE: Consultation.>> Deserter programs.--Pursuant to
section 7043(a)(1)(A) of division K of Public Law 117-328, as
continued in effect by this subsection, funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are made
available for assistance for Burma shall be made available for
programs and activities to support deserters from the military
junta and its allied entities, following consultation with the
appropriate congressional committees.
(b) Indo-Pacific Strategy.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,800,000,000 shall be made
available to support implementation of the Indo-Pacific
Strategy.
(2) <<NOTE: China. Consultation.>> Countering prc influence
fund.--Of the funds appropriated or otherwise made available by
this Act under the headings ``National Security Investment
Programs'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Foreign Military Financing Program'',
not less than $400,000,000 shall be made available for a
Countering PRC Influence Fund to counter the influence of the
Government of the People's Republic of China and the Chinese
Communist Party and entities acting on their behalf globally,
which shall be subject to prior consultation with the Committees
on Appropriations: Provided, That such funds are in addition to
amounts otherwise made available for such purposes: Provided
further, That up to 10 percent of such funds shall be held in
reserve to respond to unanticipated opportunities to counter PRC
influence: Provided further, That funds made available pursuant
to this paragraph under the heading ``Foreign Military Financing
Program'' may remain available until September 30, 2027:
Provided further, <<NOTE: Transfer authority.>> That funds
appropriated by this Act for such Fund under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated under such
headings: Provided further, That
such <<NOTE: Notification.>> transfer authority is in addition
to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification procedures
of the Committees on Appropriations.
(3) <<NOTE: China. Determination.>> Restriction on uses of
funds.--None of the funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs may be made available for any
project or activity that directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; or
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by the
People's Republic of China unless the Secretary of
State, in consultation with the heads of other Federal
agencies, as appropriate, determines that such use does
not adversely impact the national security of the United
States.
[[Page 140 STAT. 592]]
(4) <<NOTE: Taiwan.>> Maps.--None of the funds made
available by this Act should be used to create, procure, or
display any map that inaccurately depicts the territory and
social and economic system of Taiwan and the islands or island
groups administered by Taiwan authorities.
(5) Treasury appropriations fund symbol 97-11 x 8242
reprogramming.--Of the grant balances in the Foreign Military
Sales Trust Fund, identified by Treasury Appropriations Fund
Symbol 97-11 X 8242, which are not currently applied to an
active FMS case and which were appropriated prior to fiscal year
2016, $50,000,000 shall be deobligated, as appropriate, and
shall be available for assistance for countries in the Indo-
Pacific region and for the purposes of the Countering PRC
Influence Fund, in addition to any funds otherwise made
available for such purposes, under the same authorities and
conditions as amounts made available under this subsection.
(c) <<NOTE: Agent Orange.>> Laos.--Funds appropriated by this Act
under titles III and IV shall be made available for assistance for Laos,
including for assistance for persons with disabilities caused by
unexploded ordnance accidents, and funds may be made available for
programs to assist persons with severe physical mobility, cognitive, or
developmental disabilities in areas sprayed with Agent Orange: Provided,
That funds <<NOTE: Assessments.>> made available pursuant to this
subsection may be used, in consultation with the Government of Laos, for
assessments of the existence of dioxin contamination resulting from the
use of Agent Orange in Laos and the feasibility and cost of remediation.
(d) Mission Australia.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Administration of
Foreign Affairs'' shall be made available to increase the number of
Department of State personnel and improve the requisite facilities
necessary to advance the national security policy objectives of the
United States in Australia, including through AUKUS implementation:
Provided, <<NOTE: Consultation.>> That such expanded presence shall be
reflected in the operating plan submitted pursuant to section 7062 of
this Act, following consultation with the appropriate congressional
committees.
(e) North Korea.--
(1) <<NOTE: Determinations. Reports.>> Cybersecurity.--None
of the funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for assistance for
the central government of a country the Secretary of State
determines and reports to the appropriate congressional
committees engages in significant transactions contributing
materially to the malicious cyber-intrusion capabilities of the
Government of North Korea: Provided, That the Secretary of State
shall submit the report required by section 209 of the North
Korea Sanctions and Policy Enhancement Act of 2016 (Public Law
114-122; 22 U.S.C. 9229) to the Committees on
Appropriations: <<NOTE: Waiver authority.>> Provided further,
That the Secretary of State may waive the application of the
restriction in this paragraph with respect to assistance for the
central government of a country if the Secretary determines and
reports to the appropriate congressional committees that to do
so is important to the national security interest of the United
States, including a description of such interest served.
[[Page 140 STAT. 593]]
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``National Security Investment Programs'' and
``Democracy Fund'' shall be made available for the promotion of
human rights in North Korea: Provided, That the authority of
section 7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``National Security
Investment Programs'' may be made available for assistance for
the Government of North Korea.
(f) Pacific Islands Countries.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Administration of Foreign Affairs'' shall be made
available to increase the United States diplomatic and
development presence in Pacific Islands countries (PICs),
including the number and location of facilities and personnel,
and to enhance the communications capacity of such personnel:
Provided, That such expanded presence shall be reflected in the
operating plan submitted pursuant to section 7062 of this Act,
following consultation with the appropriate congressional
committees.
(2) Assistance.--Of the funds appropriated by this Act under
the headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not less
than $175,000,000 shall be made available for assistance for
PICs: Provided, That funds appropriated by this Act that are
made available for the Countering PRC Influence Fund shall be
made available for assistance for PICs, in addition to funds
made available under this paragraph: Provided further, That
funds made available by this paragraph for assistance for PICs
shall be made available for programs and activities to
strengthen and expand cooperation between the United States and
higher education institutions in PICs, to be awarded on a
competitive basis: Provided further, That of the funds made
available by this paragraph for assistance for PICs: not less
than $5,000,000 shall be made available for trilateral programs;
not less than $7,500,000 shall be made available for unexploded
ordnance clearance, including in Papua New Guinea, Solomon
Islands, and Kiribati; and not less than $20,000,000 shall be
made available for a regional financing facility established by
the Pacific Islands Forum to build preparedness against natural
disasters.
(g) People's Republic of China.--
(1) Prohibition.--
None of the funds appropriated by this Act may be
made available for assistance for the Government of the
People's Republic of China or the Chinese Communist
Party.
(2) Hong kong.--Of the funds appropriated by this Act under
the heading ``Democracy Fund'', not less than $5,000,000 shall
be made available for democracy and Internet freedom
[[Page 140 STAT. 594]]
programs for Hong Kong, including legal and other support for
democracy activists.
(h) Philippines.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $180,300,000 shall be made
available for assistance for the Philippines, of which not less
than $80,300,000 shall be made available under the heading
``National Security Investment Programs'' and not less than
$100,000,000 shall be made available under the heading ``Foreign
Military Financing Program''.
(2) Limitation.--None of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(i) Public Law 106-554.--Of the funds appropriated by this Act under
the headings ``Educational and Cultural Exchange Programs'' and
``National Security Investment Programs'', not less than $11,500,000
shall be made available to carry out the purposes of the Vietnam
Education Foundation Act of 2000 (title II of division B of H.R. 5666,
as enacted by section 1(a)(4) of Public Law 106-554 and contained in
appendix D of such Act; 114 Stat. 2763A-257; 22 U.S.C. 2452 note).
(j) Taiwan.--
(1) Global cooperation and training framework.--Of the funds
appropriated by this Act under the heading ``National Security
Investment Programs'', not less than $4,000,000 shall be made
available for the Global Cooperation and Training Framework,
which shall be administered by the American Institute in Taiwan.
(2) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $300,000,000 shall be made
available for assistance for Taiwan: Provided, That the
Secretary of State, in coordination with the Secretary of
Defense, shall prioritize the delivery of defense articles and
services for Taiwan.
(3) Foreign military financing program loan and loan
guarantee authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Foreign
Military Financing Program'', except for amounts designated as
an emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of direct
loans and loan guarantees for Taiwan, as authorized by section
5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of
title LV of division E of Public Law 117-263).
(4) Fellowship program.--Funds appropriated by this Act
under the heading ``Payment to the American Institute in
Taiwan'' shall be made available for the Taiwan Fellowship
Program.
(5) <<NOTE: Deadline. Notification.>> Consultation.--Not
later than 60 days after the date of enactment of this Act, the
Secretary of State shall consult with the Committees on
Appropriations on the uses of funds
[[Page 140 STAT. 595]]
made available pursuant to this subsection: Provided, That such
funds shall be subject to the regular notification procedures of
the Committees on Appropriations.
(k) Tibet.--
(1) Notwithstanding any other provision of law, of the funds
appropriated by this Act under the heading ``National Security
Investment Programs'', not less than $10,000,000 shall be made
available to nongovernmental organizations with experience
working with Tibetan communities to support activities which
preserve cultural traditions and promote sustainable
development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in other
Tibetan communities in China.
(2) Of the funds appropriated by this Act under the heading
``National Security Investment Programs'', not less than
$8,000,000 shall be made available for programs to promote and
preserve Tibetan culture and language in the refugee and
diaspora Tibetan communities, development, and the resilience of
Tibetan communities and the Central Tibetan Administration in
India and Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in paragraph (1) for programs inside Tibet.
(3) <<NOTE: Consultation.>> Of the funds appropriated by
this Act under the heading ``National Security Investment
Programs'', not less than $5,000,000 shall be made available for
programs to strengthen the capacity of the Central Tibetan
Administration, of which up to $1,500,000 may be made available
to address economic growth and capacity building activities,
including for displaced Tibetan refugee families in India and
Nepal to help meet basic needs, following consultation with the
Committees on Appropriations.
(4) Funds made available for assistance for Tibet by this
subsection shall be made available as described under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(5) <<NOTE: Applicability. China.>> Section 7031(c) of this
Act shall be applied to officials of the Government of the
People's Republic of China and other governments in the South
Asia region about whom the Secretary of State has credible
information have been involved in a gross violation of human
rights against the people of Tibet in the Tibet Autonomous
Region or other Tibetan communities in the People's Republic of
China and the region.
(l) Vietnam.--Funds appropriated under titles III and IV of this Act
shall be made available for assistance for Vietnam, of which not less
than--
(1) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities: Provided,
That such <<NOTE: Agent Orange.>> funds shall be prioritized to
assist persons whose disabilities may be related to the use of
Agent Orange and exposure to dioxin, or are the result of
unexploded ordnance accidents;
(2) $20,000,000 shall be made available, notwithstanding any
other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
[[Page 140 STAT. 596]]
made available for assistance for the Government of Vietnam,
including the military, for such purposes;
(3) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting Initiative; and
(4) $3,500,000 shall be made available for higher education
programs.
south and central asia
Sec. 7044. (a) Afghanistan.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available for assistance to the Taliban.
(b) <<NOTE: Shakil Afridi.>> Pakistan.--Of the funds appropriated
under titles III and IV of this Act that are made available for
assistance for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on Appropriations
that Dr. Shakil Afridi has been released from prison and cleared of all
charges relating to the assistance provided to the United States in
locating Osama bin Laden.
latin america and the caribbean
Sec. 7045. (a) Assistance for Latin America and the Caribbean.--
Funds appropriated by this Act under titles III and IV and made
available for countries in Latin America and the Caribbean shall be
prioritized for programs as described under this section in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Central America.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for countries
in Central America, including Panama and Costa Rica, consistent
with subsection (a), which shall include programs to--
(A) combat corruption and impunity in such
countries, including, as appropriate, with offices of
Attorneys General;
(B) reduce violence against women and girls; and
(C) support locally-led development in El Salvador,
Guatemala, and Honduras.
(2) Limitation on assistance to certain central
governments.--
(A) <<NOTE: Certification. Reports.>> Of the funds
made available pursuant to paragraph (1) under the
heading ``National Security Investment Programs'' and
under title IV of this Act, 50 percent of such funds
that are made available for assistance for each of the
central governments of El Salvador, Guatemala, and
Honduras may only be obligated after the Secretary of
State certifies and reports to the Committees on
Appropriations that such government is--
(i) combating corruption and impunity,
including investigating and prosecuting government
officials, military personnel, and police officers
credibly alleged to be corrupt, and improving
strategies to combat money laundering and other
global financial crimes;
(ii) implementing reforms, policies, and
programs to strengthen the rule of law, including
increasing
[[Page 140 STAT. 597]]
the transparency of public institutions,
strengthening the independence of judicial and
electoral institutions, and improving the
transparency of political campaign and political
party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil
society groups, opposition political parties, and
the independence of the media;
(iv) taking demonstrable actions to secure
national borders and stem mass migration toward
Mexico and the United States, including positive
governance related to combating crime and
violence, building economic opportunity, improving
government services, and protecting human rights;
(v) providing effective and accountable law
enforcement and security for its citizens,
curtailing the role of the military in public
security, and upholding due process of law;
(vi) implementing programs to reduce violence
against women and girls;
(vii) implementing policies to reduce poverty
and promote economic growth and opportunity,
including the implementation of reforms to
strengthen educational systems, vocational
training programs, and programs for at-risk youth;
(viii) cooperating with the United States to
counter drug trafficking, human trafficking and
smuggling, and other transnational crime;
(ix) cooperating with the United States and
other governments in the region to facilitate the
return, repatriation, and reintegration of
migrants; and
(x) implementing policies that improve the
environment for businesses, including foreign
businesses, to operate and invest, including
executing tax reform in a transparent manner,
ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United
States businesses, and resolving disputes
involving the confiscation of real property of
United States entities.
(B) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
(i) judicial entities to combat corruption and
impunity;
(ii) programs to promote and protect human
rights and to investigate human rights abuses;
(iii) support for women's economic
empowerment;
(iv) prevention of violence against women and
girls;
(v) humanitarian assistance; and
(vi) food security programs.
(C) Foreign military financing program.--None of the
funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras, except for programs that support humanitarian
assistance and disaster response.
(c) Colombia.--
[[Page 140 STAT. 598]]
(1) Pre-obligation reports.--Prior to the initial obligation
of funds appropriated by this Act and made available for
assistance for Colombia, the Secretary of State shall submit the
reports required under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
(2) <<NOTE: Certifications. Reports. Time
period.>> Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' that are made available
for assistance for Colombia, 25 percent may be obligated
only if the Secretary of State certifies and reports to
the Committees on Appropriations that in the previous 12
months the Government of Colombia has--
(i) reduced overall coca cultivation,
production, and drug trafficking;
(ii) continued cooperating with the United
States on joint counternarcotics operations; and
(iii) maintained extradition cooperation with
the United States.
(B) Human rights.--Of the funds appropriated by this
Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only if the
Secretary of State certifies and reports to the
Committees on Appropriations that the requirements under
this section in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) have been met.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs and made
available for assistance for Colombia may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development programs
and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims, compensation to demobilized
combatants, or cash subsidies for agrarian reforms associated
with the implementation of the 2016 agreement between the
Government of Colombia and illegal armed groups.
(d) Cuba.--
(1) Democracy programs.--Of the funds appropriated by this
Act under the heading ``National Security Investment Programs'',
not less than $25,000,000 shall be made available to promote
democracy and strengthen civil society in Cuba, including to
support political prisoners: Provided, That no funds shall be
obligated for business promotion, economic reform,
entrepreneurship, or any other assistance that is not democracy
building as expressly authorized in the Cuban Liberty and
[[Page 140 STAT. 599]]
Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban
Democracy Act of 1992.
(2) Prohibitions.--None of the funds appropriated or
otherwise made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be used to eliminate or diminish the
Cuba Restricted List as maintained by the Department of State,
or to otherwise allow, facilitate or encourage financial
transactions with entities on the Cuba Restricted List, as well
as other entities or individuals within the Cuban military or
Cuban intelligence services, high level members of the Communist
Party, those licensed by the Cuban government, or the immediate
family members of these entities or individuals.
(3) Prohibition on support for cuban military and security
institutions.--None of the funds appropriated or otherwise made
available by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to any individual or entity
that--
(A) engages in financial transactions with,
transfers funds to, or otherwise provides material
support to the Ministry of the Revolutionary Armed
Forces of Cuba, the Ministry of the Interior of Cuba, or
any subdivision, agency, or instrumentality thereof;
(B) engages in activities that directly or
indirectly support, facilitate, or benefit the
operations, revenue generation, or international
commercial activities of such Ministries;
(C) is owned or controlled by, or acts on behalf of,
any entity described in subparagraphs (A) or (B); or
(D) knowingly provides support or services for the
purpose of circumventing sanctions or restrictions on
the Cuban military or security forces, or to benefit
senior members thereof.
(4) Exceptions.--The restrictions of paragraph (3) shall not
apply to--
(A) the sale of agricultural commodities, medicine,
or medical devices to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7201 et seq.);
(B) payments in furtherance of the lease,
maintenance, or improvements of the United States
military base at Guantanamo Bay, Cuba;
(C) assistance in support of democracy-building and
civil society programs for Cuba consistent with section
109 of the LIBERTAD Act;
(D) payments necessary for the operations,
maintenance, or outreach of the United States diplomatic
mission or embassy in Havana, Cuba; and
(E) sending, processing, or receiving authorized
remittances.
(e) Cuban Doctors.--
(1) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees listing the
countries and international organizations for which the
Secretary has credible information are directly paying the
[[Page 140 STAT. 600]]
Government of Cuba for coerced and trafficked labor of Cuban
medical professionals: Provided, That such report shall be
submitted in unclassified form but may include a classified
annex: Provided further, <<NOTE: Notification.>> That the
Secretary of State shall inform each government or international
organization of its inclusion in such report not later than 30
days after the date of the submission of such report to such
committees.
(2) <<NOTE: Applicability.>> Designation.--The Secretary of
State shall apply the requirements of section 7031(c) of this
Act to officials from countries and organizations identified in
the report required pursuant to the previous paragraph.
(3) <<NOTE: Time periods.>> Limitation.--
(A) None of the funds appropriated by this Act under
titles III and IV may be made available for assistance
for the central government of a country or international
organization that is listed for 2 consecutive years in
the report required by paragraph (1).
(B) <<NOTE: Determination. Reports.>> The Secretary
may resume assistance to the government of a country or
international organization listed in the report for 2
consecutive years required by paragraph (1) if the
Secretary determines and reports to the appropriate
congressional committees that such government or
international organization no longer pays the Government
of Cuba for coerced and trafficked labor of Cuban
medical professionals.
(f) Facilitating Irresponsible Migration.--None of the funds
appropriated or otherwise made available by this Act may be used to
encourage, mobilize, publicize, or manage mass-migration caravans toward
the United States southwest
border: <<NOTE: Reports. Analysis.>> Provided, That not later than 180
days after the date of enactment of this Act, the Secretary of State
shall report to the appropriate congressional committees with analysis
on the organization and funding of mass-migration caravans in the
Western Hemisphere: Provided further, That the prohibition contained in
this subsection shall not be construed to preclude the provision of
humanitarian assistance.
(g) Haiti.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Haiti for
programs to--
(A) improve security and counter gang violence,
including through the Gang Suppression Force in Haiti,
and support for the Haitian National Police and
administration of justice;
(B) coordinate programs and facilitate information
sharing between and among Federal agencies and other
international entities, particularly in the security and
electoral sectors;
(C) address humanitarian needs, including nutrition
and programs addressing violence against women and
children;
(D) continue basic education, public health, and
economic development programs; and
(E) establish humanitarian corridors for the
provision of assistance to the people of Haiti, as the
initial step in implementing an integrated security and
humanitarian response that respects Haitian self-
determination and sovereignty.
[[Page 140 STAT. 601]]
(2) Haitian armed forces.--Of the funds appropriated by this
Act under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'', up to $5,000,000 may be made
available for non-lethal assistance and operational support for
the Haitian Armed Forces, following consultation with the
appropriate congressional committees.
(3) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(h) <<NOTE: Certifications. Reports. Drugs and drug
abuse.>> Mexico.--
(1) Water deliveries.--None of the funds appropriated or
otherwise made available by this Act may be made available for
assistance for the Government of Mexico until the Secretary of
State certifies and reports to the Committees on Appropriations
that such Government is delivering water owed to the United
States by Mexico, as prescribed by Article 4, Section B of the
Treaty Between the United States of America and Mexico Relating
to the Utilization of Waters of the Colorado and Tijuana Rivers
and of the Rio Grande, February 3, 1944 (59 Stat. 1219):
Provided, That such certification shall include an assessment of
whether Mexico is delivering water in accordance with all terms
established across bilateral agreements addressing delivery
shortfalls: Provided further, That the limitation of this
paragraph shall not apply to funds made available to counter the
flow of fentanyl, fentanyl precursors, and other synthetic drugs
into the United States.
(2) <<NOTE: Time period.>> Counternarcotics.--Of the funds
appropriated by this Act under title IV that are made available
for assistance for Mexico, 30 percent may only be obligated
after the Secretary of State certifies and reports to the
Committees on Appropriations that in the previous 12 months the
Government of Mexico has taken steps to--
(A) reduce the amount of fentanyl arriving at the
United States-Mexico border;
(B) dismantle and hold accountable transnational
criminal organizations;
(C) support joint counternarcotics operations and
intelligence sharing with United States counterparts;
(D) respect extradition requests for criminals
sought by the United States; and
(E) increase counternarcotics engagement at both
Federal and state levels.
(i) Nicaragua.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', not less than
$15,000,000 shall be made available for democracy and religious freedom
programs for Nicaragua.
(j) Organization of American States.--
(1) The Secretary of State shall instruct the United States
Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to:
(A) implement budgetary reforms and efficiencies
within the Organization;
(B) eliminate arrears, increase other donor
contributions, and impose penalties for successive late
payment of assessments;
[[Page 140 STAT. 602]]
(C) prevent programmatic and organizational
redundancies and consolidate duplicative activities and
functions;
(D) prioritize areas in which the OAS has expertise,
such as strengthening democracy, monitoring electoral
processes, and protecting human rights; and
(E) implement reforms within the Office of the
Inspector General (OIG) to ensure the OIG has the
necessary leadership, integrity, professionalism,
independence, policies, and procedures to properly carry
out its responsibilities in a manner that meets or
exceeds best practices in the United States.
(2) <<NOTE: Reports.>> Prior to the obligation of funds
appropriated by this Act and made available for an assessed
contribution to the Organization of American States, but not
later than 90 days after the date of enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on actions taken or planned to be taken
pursuant to paragraph (1) that are in addition to actions taken
during the preceding fiscal year, and the results of such
actions.
(k) The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $90,000,000 shall be made available for
the Caribbean Basin Security Initiative: Provided, That funds made
available above the fiscal year 2025 level shall be prioritized for
countries within the transit zones of illicit drug shipments toward the
United States that have increased interdiction of illicit drugs and are
most directly impacted by the crisis in Haiti.
(l) Venezuela.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', $50,000,000 should be
made available for democracy programs for Venezuela.
europe and eurasia
Sec. 7046. (a) Section 907 of the Freedom Support Act.--Section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(b) Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government
[[Page 140 STAT. 603]]
of an Independent State of the former Soviet Union if such government
directs any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act:
Provided, <<NOTE: President. Determination.>> That except as otherwise
provided in section 7047(a) of this Act, funds may be made available
without regard to the restriction in this subsection if the President
determines that to do so is in the national security interest of the
United States: Provided further, <<NOTE: Consultation.>> That prior to
executing the authority contained in the previous proviso, the Secretary
of State shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United States.
(c) <<NOTE: Extension. Applicability.>> Turkey.--The limitations and
other provisions of section 7046(c) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2024 (division F of
Public Law 118-47) shall continue in effect during fiscal year 2026 and
apply to funds appropriated by this Act.
(d) <<NOTE: Extension. Applicability.>> Requirements.--The
limitations and other provisions of section 7046(d) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2024
(division F of Public Law 118-47) shall continue in effect during fiscal
year 2026 and apply to funds appropriated by this Act.
(e) Other Matters.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', not less than
$500,000,000 shall be made available, notwithstanding any other
provision of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989
(22 U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``National Security Investment Programs'' and ``International
Narcotics Control and Law Enforcement'' may be made available for
contributions to multilateral initiatives to counter hybrid threats.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) <<NOTE: Determination. Reports.>> Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this Act
may be made available for assistance for the central government
of a country that the Secretary of State determines and reports
to the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine: Provided,
That <<NOTE: Waiver authority.>> except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
[[Page 140 STAT. 604]]
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of the Russian
Federation or Russian-backed forces, if such activity
includes the participation of Russian Government
officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to oppose any assistance by such
institution (including any loan, credit, grant, or guarantee)
for any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Ukraine has reestablished sovereignty over
Crimea and other territory in Ukraine under the control of the
Russian Federation or Russian-backed forces.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) <<NOTE: Determinations. Reports.>> Prohibition.--None of
the funds appropriated by this Act may be made available for
assistance for the central government of a country that the
Secretary of State determines and reports to the Committees on
Appropriations has recognized the independence of, or has
established diplomatic relations with, the Russian Federation
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: <<NOTE: Web posting. List.>> Provided, That the
Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner:
Provided further, <<NOTE: Waiver authority.>> That the Secretary
may waive the restriction on assistance required by this
paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification for
such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to oppose any assistance by such
institution (including any loan, credit, grant, or guarantee)
for any program that violates the sovereignty and territorial
integrity of Georgia.
(d) Countering Russian Influence Fund.--Of the funds appropriated by
this Act and prior Acts making appropriations
[[Page 140 STAT. 605]]
for the Department of State, foreign operations, and related programs
under the headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'', ``International
Military Education and Training'', and ``Foreign Military Financing
Program'', not less than $300,000,000 shall be made available to carry
out the purposes of the Countering Russian Influence Fund, as authorized
by section 254 of the Countering Russian Influence in Europe and Eurasia
Act of 2017 (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
country limitation in subsection (b) of such section, and programs to
enhance the capacity of law enforcement and security forces in countries
in Europe, Eurasia, and Central Asia and strengthen security cooperation
between such countries and the United States and the North Atlantic
Treaty Organization, as appropriate: Provided, That funds made available
pursuant to this paragraph under the heading ``Foreign Military
Financing Program'' may remain available until September 30, 2027.
united nations and other international organizations
Sec. 7048. (a) United Nations Voting Practices.--
(1) <<NOTE: Review. Taiwan.>> In considering bilateral
assistance for a foreign government, the Secretary of State
should review, among other factors, the voting practices of such
government in the United Nations in relation to United States
strategic interests and whether such government supports the
participation of Taiwan as an observer in meetings and
activities of multilateral agencies, bodies, or commissions.
(2) <<NOTE: Consultation.>> The Secretary of State shall
consult with the United States Permanent Representative to the
United Nations on the voting practices of foreign governments
prior to the submission of the report required under section
653(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2413(a)).
(b) Transparency and Accountability.--Of the funds appropriated
under title I and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for contributions
to the United Nations (including the Department of Peacekeeping
Operations) or any United Nations agency, 10 percent may not be
obligated for such organization, department, or agency until the
Secretary of State determines and reports to the appropriate
congressional committees that the organization, department, or agency
is--
(1) <<NOTE: Web posting. Public
information. Audits.>> posting on a publicly available website,
consistent with privacy regulations and due process, regular
financial and programmatic audits of such organization,
department, or agency, and providing the United States
Government with necessary access to such financial and
performance audits;
(2) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
[[Page 140 STAT. 606]]
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment;
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel;
(4) taking credible steps to combat anti-Israel bias;
(5) developing and implementing mechanisms to inform donors
of instances in which funds have been diverted or destroyed and
an explanation of the response by the respective international
organization; and
(6) implementing policies and procedures to effectively vet
staff for any affiliation with a terrorist organization.
(c) <<NOTE: Determinations. Terrorism.>> Restrictions on United
Nations Delegations and Organizations.--
(1) None of the funds made available by this Act may be used
to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if
such agency, body, or commission is chaired or presided over by
a country, the government of which the Secretary of State has
determined, for purposes of section 1754(c) of the Export
Control Reform Act of 2018 (50 U.S.C. 4813(c)), supports
international terrorism.
(2) None of the funds made available by this Act may be used
by the Secretary of State as a contribution to any organization,
agency, commission, or program within the United Nations system
if such organization, agency, commission, or program is chaired
or presided over by a country the government of which the
Secretary of State has determined, for purposes of section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, section 1754(c) of the Export Control Reform
Act of 2018 (50 U.S.C. 4813(c)), or any other provision of law,
is a government that has repeatedly provided support for acts of
international terrorism.
(3) <<NOTE: Waiver authority.>> The Secretary of State may
waive the restriction in this subsection if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national interest of the United
States, including a description of the national interest served.
(d) <<NOTE: Israel. Determination. Reports.>> United Nations Human
Rights Council.--
(1) None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights Council
unless the Secretary of State determines and reports to the
appropriate congressional committees that participation in the
Council is important to the national interest of the United
States and that such Council is taking significant steps to
remove Israel as a permanent agenda item and ensure integrity in
the election of members to such Council: Provided, That such
report <<NOTE: Reform agenda. Timeline.>> shall include a
description of the national interest served and provide a
detailed reform agenda, including a timeline to remove Israel as
a permanent agenda item and ensure integrity in the election of
members to such Council: Provided further, That the Secretary of
State shall withhold,
[[Page 140 STAT. 607]]
from funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
contribution to the United Nations Regular Budget, the United
States proportionate share of the total annual amount of the
United Nations Regular Budget funding for the United Nations
Human Rights Council until such determination and report is
made: Provided further, That if the Secretary
is <<NOTE: Notification.>> unable to make such determination and
report, such amounts may be reprogrammed for purposes other than
the United Nations Regular Budget, subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, <<NOTE: Time period.>> That the Secretary
shall report to the Committees on Appropriations not later than
September 30, 2026, on the resolutions considered in the United
Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item and
to improve the quality of membership through competitive
elections.
(2) None of the funds appropriated by this Act may be made
available for the United Nations International Commission of
Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Report and Briefing.--
(1) Not later than 45 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2026 for
contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due to
any provision of law: Provided, <<NOTE: Updates.>> That the
Secretary shall update such report each time additional funds
are withheld by operation of any provision of law: Provided
further, That
the <<NOTE: Consultation. Notification.>> reprogramming of any
withheld funds identified in such report, including updates
thereof, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(2) Not later than 30 days after the date of enactment of
this Act, the Secretary of State shall brief the appropriate
congressional committees on the processes and recommendations
for United States participation in each international
organization included in the 2025 review of such matters.
(g) <<NOTE: Determinations.>> Sexual Exploitation and Abuse in
Peacekeeping Operations.--The Secretary of State shall, to the maximum
extent practicable, withhold assistance to any unit of the security
forces of a foreign country if the Secretary has credible information
that such unit has engaged in sexual exploitation or abuse while serving
in a United Nations peacekeeping operation until the Secretary
[[Page 140 STAT. 608]]
determines that the government of such country is taking effective steps
to hold the responsible members of such unit accountable and to prevent
future incidents: Provided, <<NOTE: Notifications. Deadline.>> That the
Secretary shall promptly notify the government of each country subject
to any withholding of assistance pursuant to this paragraph, and shall
notify the appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such assistance is
made: Provided further, That the Secretary shall, to the maximum extent
practicable, assist such government in bringing the responsible members
of such unit to justice.
(h) <<NOTE: Notification.>> Additional Availability.--Subject to the
regular notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made available
due to the second proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this Act or
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), shall remain available for obligation until September 30,
2027: Provided, That the requirement to withhold funds for programs in
Burma under section 307(a) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated by this Act.
(i) Accountability Requirement.--
(1) <<NOTE: Contracts. Determination.>> The Secretary of
State shall seek to enter into written agreements with each
international organization that receives funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs to provide
timely access to the Inspector General of the Department of
State and the Comptroller General of the United States to such
organization's financial data and other information relevant to
United States contributions to such organization, as determined
by the Inspector General and the Comptroller General.
(2) <<NOTE: Reports.>> Not later than 180 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing whether each international organization funded by this
Act has entered into such agreements: Provided, That such report
shall include, for each applicable organization, the status of
any negotiations undertaken by the Department of State to secure
such agreements, including any obstacles encountered and a
description of the Department's plans to address them.
(j) Strengthening American Presence at International
Organizations.--
(1) Of the funds made available by this Act under the
heading ``International Organizations and Programs'', not less
than $5,000,000 shall be made available for the placement of
United States citizens in the Junior Professional Officer
Programme.
(2) Of the funds made available by this Act under the
heading ``Diplomatic Programs'', not less than $750,000 shall be
made available to enhance the competitiveness of United States
citizens for leadership positions in the United Nations system,
including pursuant to section 9701 of the Department of State
Authorization Act of 2022 (title XCVII of division I of Public
Law 117-263).
(k) <<NOTE: Determination. Reports.>> Transfer Authority.--Of the
funds appropriated by this Act under the heading ``National Security
Investment Programs'', up to $466,514,000 may be transferred to, and
merged with, funds
[[Page 140 STAT. 609]]
available under the headings ``Contributions to International
Organizations'' and ``Contributions for International Peacekeeping
Activities'' if the Secretary of State determines and reports to the
Committees on Appropriations that such funds support reform efforts and
are in the national interest:
Provided, <<NOTE: Consultation. Notification.>> That such transfer
authority is in addition to any other transfer authority provided by
this Act or any other Act and is subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
war crimes tribunal
Sec. 7049. <<NOTE: President. Determination.>> If the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, <<NOTE: Notification.>> That funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
internet freedom
Sec. 7050. Of the funds appropriated by this Act, not less than
$78,375,000 shall be made available for programs to promote Internet
freedom globally, consistent with section 9707 of the Department of
State Authorization Act of 2022 (title XCVII of division I of Public Law
117-263).
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to eliminate torture and other
cruel, inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International
[[Page 140 STAT. 610]]
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region.
(b) <<NOTE: Applicability. Determination. Reports. Consultation. Notifica
tion.>> Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) <<NOTE: Reimbursements.>> Authority.--The uses of
aircraft purchased or leased by the Department of State with
funds made available in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs shall be coordinated under the authority of
the appropriate Chief of Mission: Provided, That such aircraft
may be used to transport, on a reimbursable or non-reimbursable
basis, Federal and non-Federal personnel supporting Department
of State programs and activities: Provided further, That
official travel for other agencies for other purposes may be
supported on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with the
use of aircraft owned, leased, or chartered by the Department of
State may be credited to the Working Capital Fund of the
Department and shall be available for expenses related to the
purchase, lease, maintenance, chartering, or operation of such
aircraft.
(2) <<NOTE: Applicability.>> Scope.--The requirement and
authorities of this subsection shall only apply to aircraft, the
primary purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. <<NOTE: Applicability.>> The terms and conditions of
section 7055 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That subsection (f)(2)(B) of such
section shall be applied by substituting ``September 30, 2025'' for
``September 30, 2009''.
international monetary fund
Sec. 7054. <<NOTE: Applicability.>> (a) Extensions.--The terms and
conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
[[Page 140 STAT. 611]]
extradition
Sec. 7055. <<NOTE: Notification.>> (a) Limitation.--None of the
funds appropriated in this Act may be used to provide assistance (other
than funds provided under the headings ``National Security Investment
Programs'', ``International Humanitarian Assistance'', ``International
Narcotics Control and Law Enforcement'', ``United States Emergency
Refugee and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central government
of a country which has notified the Department of State of its refusal
to extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) <<NOTE: Applicability.>> Clarification.--Subsection (a) shall
only apply to the central government of a country with which the United
States maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) <<NOTE: Certification.>> Waiver.--The Secretary of State may
waive the restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that such waiver
is important to the national interest of the United States.
enterprise funds
Sec. 7056. <<NOTE: President. Time period.>> (a) Notification.--None
of the funds made available under titles III through VI of this Act may
be made available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in advance, in
accordance with the requirements enumerated under this section in the
joint explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2026, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) <<NOTE: Transfer authority. Notification.>> Availability of
Funds.--Funds appropriated by this Act for UNFPA, that are not made
available for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health Programs'' account and shall
be made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the
Committees on Appropriations.
[[Page 140 STAT. 612]]
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
UNFPA is budgeting for the year in which the report is submitted
for a country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, That
of the funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species.
(b) Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening public
health capacity where there is a high risk of emerging zoonotic
infectious diseases:
Provided, <<NOTE: Deadline. Consultation.>> That not later than
60 days after the date of enactment of this Act, the Secretary
of State shall consult with the Committees on Appropriations on
the planned uses of such funds.
(2) <<NOTE: Determination. Reports. Transfer
authority.>> Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total of
[[Page 140 STAT. 613]]
$200,000,000 of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``National Security
Investment Programs'', ``International Humanitarian
Assistance'', ``Democracy Fund'', and ``Millennium Challenge
Corporation'', may be made available to combat such infectious
disease or public health emergency, and may be transferred to,
and merged with, funds appropriated under such headings for the
purposes of this paragraph.
(3) Emergency reserve fund.--Up to $20,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided,
That <<NOTE: Applicability.>> such funds shall be made available
under the same terms and conditions of such section, except that
such section shall be applied by substituting ``International
Humanitarian Assistance'' for ``International Disaster
Assistance'' and substituting ``Secretary of State'' for
``Administrator of the United States Agency for International
Development''.
(4) Consultation and notification.--Funds made available by
this subsection, except paragraph (3), shall be subject to prior
consultation with the appropriate congressional committees and
the regular notification procedures of the Committees on
Appropriations.
(c) <<NOTE: Wuhan Institute of Virology. China.>> Limitation.--
Notwithstanding any other provision of law, none of the funds made
available by this Act may be made available to the Wuhan Institute of
Virology located in the City of Wuhan in the People's Republic of China.
(d) <<NOTE: Deadline. AIDS.>> Transition Strategy.--Not later than
90 days after the date of enactment of this Act, the Secretary of State
shall submit a strategy to the appropriate congressional committees on a
multi-year structured transition of programs supported by the
President's Emergency Plan for AIDS Relief to country-led ownership
resulting in reductions of United States assistance consistent with the
requirements described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) Initiative.--Of the funds appropriated by this Act under the
heading ``Global Health Programs'', not less than $50,000,000 shall be
made available for a Prevention, Treatment, and Response Initiative for
the prevention and treatment of HIV/AIDS, malaria, and other infectious
diseases as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such funds shall be awarded to
eligible public and private entities, including product development
partnerships and in coordination with other donors, and shall support
the September 2025 America First Global Health Strategy: Provided
further, <<NOTE: Consultation.>> That funds made available by this
subsection may only be made available following consultation with the
Committees on Appropriations: Provided further, That such funds are in
addition to funds otherwise made available by this Act for such
purposes.
[[Page 140 STAT. 614]]
women's equality and empowerment
Sec. 7059. (a) In General.--Funds appropriated by this Act shall be
made available to promote the equality and empowerment of women and
girls in United States Government diplomatic and development efforts by
raising the status, increasing the economic participation and
opportunities for political leadership, and protecting the rights of
women and girls worldwide.
(b) Women's Economic Empowerment.--Of the funds appropriated under
title III of this Act, $150,000,000 shall be made available to expand
economic opportunities for women by increasing the number and capacity
of women-owned enterprises, improving property rights for women,
increasing women's access to financial services and capital, enhancing
the role of women in economic decision-making at the local, national,
and international levels, and improving women's ability to participate
in the global economy, including through implementation of the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115-
428): Provided, <<NOTE: Consultation.>> That the Secretary of State
shall consult with the Committees on Appropriations on the uses of funds
made available pursuant to this subsection.
(c) Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $37,500,000
shall be made available for the Madeleine K. Albright Women's Leadership
Program, as established by section 7059(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2023
(division K of Public Law 117-328).
(d) Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $187,500,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(3) Funds made available pursuant to this subsection should
include efforts to combat a variety of forms of violence against
women and girls, including child marriage, rape, and female
genital cutting and mutilation.
(e) Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', $112,500,000
should be made available to support a multi-year strategy to expand, and
improve coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the equal
provision of relief and recovery assistance to women and girls.
[[Page 140 STAT. 615]]
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $691,500,000 shall be made
available for the Nita M. Lowey Basic Education Fund,
and such funds may be made available notwithstanding any
other provision of law that restricts assistance to
foreign countries: Provided, That such funds shall also
be used for secondary education activities.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
$152,000,000 shall be made available for contributions
to multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $203,250,000 shall be made
available for assistance for higher education:
Provided, <<NOTE: Notification.>> That such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That of such amount, not less
than $50,000,000 shall be made available for higher education
programs pursuant to section 7060(a)(3) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2021 (division K of Public Law 116-260).
(b) Conservation Programs.--
(1) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support programs funded
pursuant to this subsection:
Provided, <<NOTE: Notification.>> That funds made available
pursuant to this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(2)(A) <<NOTE: Consultation.>> Of the funds appropriated
under title III of this Act, not less than $274,313,000 shall be
made available for biodiversity conservation programs, including
for marine conservation programs following consultation with the
Committees on Appropriations: Provided, That no such funds may
be made available to support the expansion of industrial scale
logging, agriculture, livestock production, mining, or any other
industrial scale extractive activity into areas that were
primary/intact tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United States
executive directors of each international financial institution
to use the voice and vote of the United States to oppose any
financing of any such activity.
(B)(i) Of the funds appropriated under titles III and IV of
this Act, not less than $89,063,000 shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(ii) <<NOTE: Determination. Poaching. Reports.>> None of the
funds appropriated under title IV of this Act may be made
available for training or other assistance for any military unit
or personnel that the Secretary of State determines has been
credibly alleged to have participated in
[[Page 140 STAT. 616]]
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(C) Of the funds appropriated under titles III and IV of
this Act, not less than $12,500,000 shall be made available for
the prevention of illegal logging practices consistent with the
Lacey Act (16 U.S.C. 3371 et seq./section 8204 of Public Law
110-246), and not less than $12,500,000 shall be made available
to reduce deforestation: Provided, That such funds shall be
allocated consistent with the requirements included under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(3) Of the funds appropriated under titles III and IV of
this Act, not less than $131,813,000 shall be made available for
land use, management, and protection programs.
(c) Development Programs.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'', not less
than $13,875,000 shall be made available for cooperative development
programs.
(d) Disability Programs.--Funds appropriated by this Act under the
heading ``National Security Investment Programs'' shall be made
available for programs and activities to address the needs of, and
protect and promote the rights of, people with disabilities in
developing countries: Provided, That funds shall be made available to
support disability rights advocacy organizations in developing
countries: Provided further, That of the funds made available pursuant
to this subsection, 5 percent may be used for management, oversight, and
technical support.
(e) Food Security and Agricultural Development.--
(1) Uses of funds.--Of the funds appropriated by title III
of this Act, not less than $720,000,000 shall be made available
for food security and agricultural development programs to carry
out the purposes of the Global Food Security Act of 2016 (Public
Law 114-195), including not less than $175,000,000 for
international agricultural research, of which not less than
$72,000,000 shall be made available for the Feed the Future
Innovation Labs, including for the purposes enumerated under
this section in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
Provided, That funds may be made available for a contribution as
authorized by section 3202 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246), as amended by section 3310 of
the Agriculture Improvement Act of 2018 (Public Law 115-334).
(2) Feed the future private sector engagement.--Of the funds
made available pursuant to this subsection, not less than
$20,000,000 shall be made available to support private sector
investment in food security, including as catalytic capital.
(f) <<NOTE: Deadline.>> Public-private Partnership.--Of the funds
appropriated by title III of this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, not less than $100,000,000 shall be made available for
a public-private partnership foundation for food security, if
legislation establishing such a foundation is enacted into law by
December 31, 2026.
(g) Programs to Combat Trafficking in Persons.--
[[Page 140 STAT. 617]]
(1) In general.--Of the funds appropriated by this Act under
the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', not
less than $105,625,000 shall be made available for activities to
combat trafficking in persons internationally, including for the
Program to End Modern Slavery, of which not less than
$89,500,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'':
Provided, That funds made available by this Act under the
heading ``National Security Investment Programs'' that are made
available for activities to combat trafficking in persons should
be obligated and programmed consistent with the country-specific
recommendations included in the annual Trafficking in Persons
Report, and shall be coordinated with the Office to Monitor and
Combat Trafficking in Persons, Department of State: Provided
further, That such funds are in addition to funds made available
by this Act under the heading ``Diplomatic Programs'' for the
Office to Monitor and Combat Trafficking in Persons: Provided
further, That funds made available by this Act shall be made
available to further develop, standardize, and update training
for all United States Government personnel under Chief of
Mission authority posted at United States embassies and
consulates abroad on recognizing signs of human trafficking and
protocols for reporting such cases.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall report to
the appropriate congressional committees on how all grants and
contracts awarded in the prior fiscal year by the Department of
State are compliant with applicable requirements within section
106(g) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104(g)).
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $338,250,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $169,125,000 shall be for programs
in sub-Saharan Africa.
(i) Deviation.--Unless otherwise provided for by this Act, the
Secretary of State may deviate below the minimum funding requirements
designated in sections 7030, 7059, and 7060 of this Act by up to 10
percent, notwithstanding such designation: Provided, That such
deviations shall only be exercised to address unforeseen or exigent
circumstances: Provided further, <<NOTE: Proposals.>> That concurrent
with the submission of the report required by section 653(a) of the
Foreign Assistance Act of 1961, the Secretary shall submit to the
Committees on Appropriations in writing any proposed deviations
utilizing such authority that are planned at the time of submission of
such report: Provided further, <<NOTE: Consultation.>> That any
deviations proposed subsequent to the submission of such report shall be
subject to prior consultation with such Committees: Provided
further, <<NOTE: Reports.>> That not later than November 1, 2027, the
Secretary of State shall submit a report to the Committees on
Appropriations on the use of the authority of this subsection.
debt-for-development
Sec. 7061. <<NOTE: Notification.>> In order to enhance the continued
participation of nongovernmental organizations in debt-for-development
and debt-
[[Page 140 STAT. 618]]
for-nature exchanges, a nongovernmental organization which is a grantee
or contractor of the Department of State may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organization.
budget documents
Sec. 7062. <<NOTE: Deadlines.>> (a) Operating Plans.--Not later than
45 days after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of this Act, and
the Department of the Treasury and Independent Agencies funded in title
III of this Act, shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2026, that provides details of the uses of
such funds at the program, project, and activity level: Provided, That
such plans shall include, as applicable, a comparison between the
congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise, and
informative description/justification: Provided further, That operating
plans that include changes in levels of funding for programs, projects,
and activities specified in the congressional budget justification, in
this Act, or amounts designated in the tables in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committees
on Appropriations a spend plan for funds made available by this
Act for--
(A) assistance for Pacific Islands countries and for
Colombia;
(B) assistance for the Caribbean Basin Security
Initiative, Central America Regional Security
Initiative, Middle East Partnership Initiative, Indo-
Pacific Strategy and the Countering PRC Influence Fund,
and Power Africa;
(C) assistance made available pursuant to the
following sections in this Act: section 7030; section
7032; section 7033; section 7036; section 7047(d) (on a
country-by-country basis); section 7059; and subsections
(a), (e), (g), and (h) of section 7060;
(D) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for demand
reduction, which shall include bilateral and global
programs; and
(E) implementation of the Global Fragility Act of
2019.
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for
[[Page 140 STAT. 619]]
funds made available by this Act under the headings ``Department
of the Treasury, International Affairs Technical Assistance'' in
title III.
(c) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(d) Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2027:
Provided, <<NOTE: Appendices.>> That the appendices for such
justification shall be provided to the Committees on Appropriations not
later than 10 calendar days thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State or any
other Federal department, agency, or organization funded by this Act
without prior consultation by the head of such department, agency, or
organization with the appropriate congressional committees: Provided,
That such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That any such
notification submitted to such Committees shall include a detailed
justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
(b) Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State from the
staffing levels previously justified to the Committees on
Appropriations for fiscal year 2026.
department of state matters
Sec. 7064. <<NOTE: Notification.>> (a) Working Capital Fund.--Funds
appropriated by this Act or otherwise made available to the Department
of State for payments to the Working Capital Fund that are made
available for new service centers, shall be subject to the regular
notification procedures of the Committees on Appropriations.
[[Page 140 STAT. 620]]
(b) Certification.--
(1) <<NOTE: Reports.>> Compliance.--Not later than 45 days
after the initial obligation of funds appropriated under titles
III and IV of this Act that are made available to a Department
of State bureau or office with responsibility for the management
and oversight of such funds, the Secretary of State shall
certify and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office is
in compliance with Department and Federal financial and grants
management policies, procedures, and regulations, as applicable.
(2) Considerations.--When making a certification required by
paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) <<NOTE: Timeline.>> Plan.--If the Secretary of State is
unable to make a certification required by paragraph (1), the
Secretary shall submit a plan and timeline detailing the steps
to be taken to bring such bureau or office into compliance.
(c) Other Matters.--
(1) In addition to amounts appropriated or otherwise made
available by this Act under the heading ``Diplomatic
Programs''--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(2) Funds appropriated or otherwise made available by this
Act under the heading ``Diplomatic Programs'' are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in title I of this Act.
(3) Consistent with section 204 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000
of the amounts made available under the heading ``Diplomatic
Programs'' in this Act may be obligated and expended for United
States participation in international fairs and expositions
abroad, including for construction and operation of a United
States pavilion.
(4)(A) <<NOTE: Applicability.>> The notification requirement
of paragraphs (2) and (3) of subsection (j) of the State
Department Basic Authorities
[[Page 140 STAT. 621]]
Act of 1956 (22 U.S.C. 2651a(j)) shall also apply to the
Committees on Appropriations.
(B) <<NOTE: Applicability.>> The justification requirement
of paragraph (4) of subsection (j) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(j)) shall also apply to
the Committees on Appropriations.
(C) <<NOTE: Reports. Criteria.>> Not later than 90 days
after the date of enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report detailing the criteria used to certify that a position
established in accordance with paragraph (2) of subsection (j)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(j)) does not require the exercise of significant authority
pursuant to the laws of the United States:
Provided, <<NOTE: Updates. Deadlines. Time period. Termination
date.>> That such report shall also include a listing of each
special appointment authorized by such section, the number of
positions for the applicable office, and the salary and other
support costs of such office, and such report shall be updated
and submitted to the such committees every 180 days thereafter
until September 30, 2027.
(5) Funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``National Security Investment
Programs'' shall be made available for the purposes and in the
manner described under this subsection in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
foreign assistance management
Sec. 7065. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
$170,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used to hire and employ individuals in the
United States and overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service Act of 1980
(22 U.S.C. 3948 and 3949).
(b) <<NOTE: Expiration date.>> Restriction.--The authority to hire
individuals contained in subsection (a) shall expire on September 30,
2027.
(c) <<NOTE: Transfer authority.>> Program Account Charged.--The
account charged for the cost of an individual hired and employed under
the authority of this section shall be the account to which the
responsibilities of such individual primarily relate: Provided, That
funds made available to carry out this section may be transferred to,
and merged with, funds appropriated by this Act under the relevant
headings in title I.
(d) <<NOTE: Notification.>> Disaster Surge Capacity.--Funds
appropriated under title III of this Act to carry out part I of the
Foreign Assistance Act of 1961, may be used, in addition to funds
otherwise available for such purposes, for the cost (including the
support costs) of individuals whose primary responsibility is to carry
out programs in response to natural disasters or man-made disasters,
subject to the regular notification procedures of the Committees on
Appropriations.
(e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the Department
of State may provide an exception to the fair opportunity process for
placing task orders under such contracts when
[[Page 140 STAT. 622]]
the order is placed with any category of small or small disadvantaged
business.
(f) Personal Service Agreements.--Funds appropriated by this Act
under title III may be made available for the Secretary of State to
exercise the authorities of section 2669(c) of title 22, United States
Code.
stabilization and development
Sec. 7066. (a) Of the funds appropriated by this Act under the
headings ``National Security Investment Programs'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Peacekeeping Operations'',
and ``Foreign Military Financing Program'', not less than $108,000,000
shall be made available for the Prevention and Stabilization Fund for
the purposes enumerated in section 509(a) of the Global Fragility Act of
2019 (title V of division J of Public Law 116-94): Provided, That funds
made available pursuant to this subsection under the heading ``Foreign
Military Financing Program'' may remain available until September 30,
2027.
(b) Of the funds appropriated under title III of this Act, not less
than $192,375,000 shall be made available for natural disaster
preparation and mitigation efforts, including in Pacific Islands
countries and other high-risk areas, notwithstanding any other provision
of law.
extension of consular fees and related authorities
Sec. 7067. (a) <<NOTE: Applicability. 22 USC 214 note.>> Section
1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall
be applied through fiscal year 2026 by substituting ``the costs of
providing consular services'' for ``such costs''.
(b) <<NOTE: Applicability.>> Section 21009 of the Emergency
Appropriations for Coronavirus Health Response and Agency Operations
(division B of Public Law 116-136; 134 Stat. 592) shall be applied
during fiscal year 2026 by substituting ``2020 through 2026'' for ``2020
and 2021''.
(c) <<NOTE: Transfer
authority. Determination. Reports. Consultation.>> Discretionary amounts
made available to the Department of State under the heading
``Administration of Foreign Affairs'' of this Act, and discretionary
unobligated balances under such heading from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, may be transferred to the Consular and Border Security
Programs account if the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary to sustain
consular operations, following consultation with such Committees:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available in this Act and under any other provision
of law: Provided further, That no amounts may be transferred from
amounts designated as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
(d) In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2026, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
[[Page 140 STAT. 623]]
(e) Amounts provided pursuant to subsection (b) are designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
prohibition on censorship
Sec. 7068. Funds appropriated or otherwise made available by this
Act for programs to counter foreign propaganda and disinformation, and
for related purposes, may only be made available for the purpose of
countering such efforts by foreign state and non-state actors abroad.
other matters
Sec. 7069. (a) None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to fly or display a
flag over a facility of the United States Department of State other than
the--
(1) United States flag;
(2) Foreign Service flag pursuant to 2 FAM 154.2-1;
(3) POW/MIA flag;
(4) Hostage and Wrongful Detainee flag, pursuant to section
904 of title 36, United States Code;
(5) flag of a State, insular area, or the District of
Columbia at domestic locations;
(6) flag of an Indian Tribal government;
(7) official branded flag of a United States agency; or
(8) sovereign flag of other countries.
(b) <<NOTE: Transfer authority.>> Funds may be transferred to the
United States Section of the International Boundary and Water
Commission, United States and Mexico, from Federal or non-Federal
entities, to study, design, construct, operate, and maintain treatment
and flood control works and related structures, consistent with the
functions of the United States Section: Provided, That such funds shall
be deposited in an account under the heading ``International Boundary
and Water Commission, United States and Mexico'', to remain available
until expended.
multilateral development banks
Sec. 7070. (a) Additional Subscription to Shares of the Capital
Stock of the Inter-american Investment Corporation.--The Secretary of
the Treasury may subscribe on behalf of the United States to up to an
additional 25,128 shares of the capital stock of the Inter-American
Investment Corporation: Provided, That any subscription to such
additional shares shall be effective only to such extent or in such
amounts as are provided in this or any other appropriations Act.
(b) World Bank.--
(1) International development association twenty-first
replenishment.--The International Development Association Act
(22 U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 33. <<NOTE: 22 USC 284ee.>> TWENTY-FIRST REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association may contribute on behalf of the
[[Page 140 STAT. 624]]
United States $3,198,552,000 to the twenty-first replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,198,552,000 for payment by the Secretary of the Treasury.''.
(2) Multilateral development bank support for nuclear
energy.--Title XV of the International Financial Institutions
Act (22 U.S.C. 262o et seq.) is amended by adding at the end the
following:
``SEC. 1506. <<NOTE: 22 USC 262o-5.>> MULTILATERAL DEVELOPMENT
BANK SUPPORT FOR NUCLEAR ENERGY.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Bank for Reconstruction and
Development, the European Bank for Reconstruction and Development, and,
as the Secretary finds appropriate, any other multilateral development
bank (as defined in section 1307(g)) to use the voice, vote, and
influence of the United States to advocate for--
``(1) the removal of prohibitions at the respective bank
against financial and technical assistance for the generation,
transmission, and distribution of nuclear energy, to the extent
that the prohibitions apply to nuclear technologies, including
small modular reactors, that meet or exceed the quality and
safety standards of technologies produced by the United States
or a member country of the Organisation for Economic Co-
operation and Development; and
``(2) increased internal capacity-building at the respective
bank for the purpose of assessing--
``(A) the potential role of nuclear energy,
including small modular reactors, in the energy systems
of client countries; and
``(B) the delivery of financial and technical
assistance described in paragraph (1) to the
countries.''.
(3) Establishment of nuclear energy assistance trust
funds.--Title XV of the International Financial Institutions Act
(22 U.S.C. 262o et seq.) is further amended by adding at the end
the following:
``SEC. 1507. <<NOTE: 22 USC 262o-6.>> ESTABLISHMENT OF NUCLEAR
ENERGY ASSISTANCE TRUST FUNDS.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Governors of the International Bank for Reconstruction and
Development, and, as the Secretary deems appropriate, of other
international financial institutions (as defined in section 1701(c)(2))
to use the voice, vote, and influence of the United States to establish
at each such institution a trust fund to be known as the `Nuclear Energy
Assistance Trust Fund' that meets the requirements of subsections (b)
and (c) of this section.
``(b) Purposes.--The purposes of such a trust fund shall be the
following:
``(1) To provide financial and technical assistance to
support the generation, transmission, and distribution of
nuclear energy in borrowing countries.
``(2) To ensure that the international financial institution
makes financing available on competitive terms, including for
[[Page 140 STAT. 625]]
the purpose of countering credit extended by the government of a
country that is not a member of the OECD Arrangement on
Officially Supported Export Credits.
``(3) To exclusively support the adoption of nuclear energy
technologies, including small modular reactors, that meet or
exceed the quality and safety standards of technologies produced
by the United States or a member country of the Organisation for
Economic Co-operation and Development.
``(4) To strengthen the capacity of the international
financial institution to assess, implement, and evaluate nuclear
energy projects.
``(c) <<NOTE: Remittance.>> Use of Trust Fund Revenues.--The
revenues of such a trust fund may be made available for activities for
the purposes described in subsection (b), or the United States share of
the revenues may be remitted to the general fund of the Treasury, as the
Secretary finds appropriate.
``(d) Rule of Interpretation.--This section shall not be interpreted
to affect the ability of the United States Governor of, or the United
States Executive Director at, an international financial institution (as
so defined) to encourage the provision of financial or technical
assistance from non-trust fund resources of the institution to support
the generation or distribution of nuclear energy.''.
(4) <<NOTE: Time period. 22 USC 262r note.>> Inclusion in
annual report.--During the 7-year period that begins with the
date of enactment of this Act, the Chairman of the National
Advisory Council on International Monetary and Financial
Policies shall include in the annual report required by section
1701 of the International Financial Institutions Act a
description of any progress made--
(A) to promote multilateral development bank (as
defined in such section) assistance for nuclear energy;
and
(B) to establish a trust fund pursuant to section
1507 of such Act or, as the case may be, a summary of
the activities of any such trust fund.
(5) <<NOTE: 22 USC 262o-5 note.>> Sunset.--The preceding
provisions of this subsection and the amendments made by the
preceding provisions of this subsection shall have no force or
effect beginning 10 years after the date of the enactment of
this Act.
(6) <<NOTE: Determination. 22 USC 262p-15
note.>> Continuation of pause on world bank disbursements and
commitments to burma.--The Secretary of the Treasury shall
direct the United States Executive Director at the International
Bank for Reconstruction and Development to use the voice and
vote of the United States to continue the pause by the Bank on
disbursements and the making of new financing commitments to
Burma, that was initiated after a military coup overthrew the
democratically elected government of Burma in 2021, unless the
Secretary of the Treasury determines that it is not in the
national interest of the United States to do so.
(7) <<NOTE: 22 USC 284ff.>> Exemption from securities laws;
reports to securities and exchange commission.--Any securities
issued by the International Development Association (including
any guaranty by the Association, whether or not limited in
scope) and any securities guaranteed by the Association as to
both principal and interest shall be deemed to be exempted
securities within the meaning of section 3(a)(2) of the
Securities Act of 1933 (15 U.S.C. 77c(a)(2)) and section
3(a)(12) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(12)): Provided,
[[Page 140 STAT. 626]]
That the Association shall file with the Securities and Exchange
Commission such annual and other reports with regard to such
securities as the Commission shall determine to be appropriate
in view of the special character of the Association and its
operations, and necessary in the public interest or for the
protection of investors.
(8) <<NOTE: 22 USC 284ff note.>> Authority of securities and
exchange commission to suspend exemption; reports to congress.--
The Securities and Exchange Commission, acting in consultation
with the National Advisory Council on International Monetary and
Financial Policies, may suspend the provisions of paragraph (7)
at any time as to any or all securities issued or guaranteed by
the International Development Association during the period of
such suspension: Provided, That the Commission shall include in
its annual reports to the Congress such information as it shall
deem advisable with regard to the operations and effect of this
paragraph.
(9) <<NOTE: 22 USC 284ff note.>> Effective date.--
(A) In general.--Paragraph (7) shall take effect 30
days after the date of the enactment of this Act.
(B) Exception.--Notwithstanding subparagraph (A),
paragraph (7) shall not take effect if, before the
effective date described in subparagraph (A), the
Secretary of the Treasury reports to the Committee on
Financial Services of the House of Representatives and
the Committees on Banking, Housing, and Urban Affairs
and Foreign Relations of the Senate that the
International Development Association is providing
financial assistance to any country the government of
which the Secretary of State has determined, for
purposes of section 1754 of the National Defense
Authorization Act for Fiscal Year 2019, section 620A of
the Foreign Assistance Act of 1961, or section 40 of the
Arms Export Control Act, to be a government that has
repeatedly provided support for acts of international
terrorism.
(c) Asian Development Fund Thirteenth Replenishment.--The Asian
Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at the
end the following:
``SEC. 38. <<NOTE: 22 USC 285ii.>> ASIAN DEVELOPMENT FUND
THIRTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund may
contribute on behalf of the United States $174,440,000 to the thirteenth
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$174,440,000 for payment by the Secretary of the Treasury.''.
(d) African Development Bank General Callable Capital Increase.--The
African Development Bank Act (22 U.S.C. 290i et seq.) is amended by
inserting at the end the following:
``SEC. 1346. <<NOTE: 22 USC 290i-13.>> GENERAL CALLABLE CAPITAL
INCREASE.
``(a) Subscription Authorized.--
``(1) In general.--The United States Governor of the Bank
may subscribe on behalf of the United States to 800,000
additional shares of the capital stock of the Bank.
[[Page 140 STAT. 627]]
``(2) Limitation.--Any subscription by the United States to
the capital stock of the Bank shall be effective only to such
extent and in such amounts as are provided in advance in
appropriations Acts.
``(b) Authorization of Appropriations.--For the increase in the
United States subscription to the Bank under subsection (a), there is
authorized to be appropriated, without fiscal year limitation,
$7,800,000,000, for payment by the Secretary of the Treasury for
callable shares of the Bank.''.
america first opportunity fund
Sec. 7071. (a) In General.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'', up to
$850,000,000 may be made available for the America First Opportunity
Fund to furnish assistance that makes America safer, stronger, and more
prosperous by responding to crises, engaging proactively with strategic
partners, and countering threats from adversaries.
(b) Transfer Authority.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program''
and made available for such Fund may be transferred to, and merged with,
funds appropriated under such headings:
Provided, <<NOTE: Notification.>> That such transfer authority is in
addition to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification procedures of the
Committees on Appropriations.
(c) Availability.--Funds made available pursuant to this section
under the heading ``Foreign Military Financing Program'' may remain
available until September 30, 2027.
(d) <<NOTE: Deadline.>> Consultation.--The Secretary of State shall
consult with the Committees on Appropriations on the allocation of funds
made available pursuant to this section not later than 30 days prior to
the initial obligation of funds.
rescissions
(including rescissions of funds)
Sec. 7072. (a) Consular and Border Security Programs.--Of the
unobligated balances from amounts made available under the heading
``Consular and Border Security Programs'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $900,000,000 are permanently rescinded.
(b) Educational and Cultural Exchange Programs.--Of the unobligated
balances from amounts made available under the heading ``Educational and
Cultural Exchange Programs'' from prior Acts making appropriations for
the Department of State, foreign operations, and related programs,
$25,000,000 are permanently rescinded.
(c) Debt Restructuring.--Of the unobligated balances from amounts
made available under the heading ``Debt Restructuring'' from prior Acts
making appropriations for the Department of State,
[[Page 140 STAT. 628]]
foreign operations, and related programs, $63,975,000 are permanently
rescinded.
(d) Democracy Fund.--Of the unobligated balances from amounts made
available under the heading ``Democracy Fund'' for the Bureau for
Democracy, Human Rights, and Governance, United States Agency for
International Development, from prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
$57,000,000 are permanently rescinded.
(e) Millennium Challenge Corporation.--Of the unobligated balances
from amounts made available under the heading ``Millennium Challenge
Corporation'' from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $661,250,000 are
permanently rescinded.
(f) International Narcotics Control and Law Enforcement.--Of the
unobligated and unexpended balances from amounts made available under
the heading ``International Narcotics Control and Law Enforcement'' from
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, $179,306,000 are permanently
rescinded.
(g) Peacekeeping Operations.--Of the unobligated and unexpended
balances from amounts made available under the heading ``Peacekeeping
Operations'' from prior Acts making appropriations for the Department of
State, foreign operations, and related programs, $50,000,000 are
permanently rescinded.
(h) Restriction.--No amounts may be rescinded from amounts that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
This division may be cited as the ``National Security, Department of
State, and Related Programs Appropriations Act, 2026''.
DIVISION G--OTHER MATTERS
SEC. 101. FUNDING LIMITATION.
Notwithstanding any other provision of any other division of this
Act, funds appropriated or otherwise made available by division F of
this Act or other Acts making appropriations for the Department of
State, foreign operations, and related programs, including provisions of
Acts providing supplemental appropriations for the Department of State,
foreign operations, and related programs, may not be used for a
contribution, grant, or other payment to the United Nations Relief and
Works Agency, notwithstanding any other provision of law--
(1) for any amounts provided in prior fiscal years or in
fiscal year 2026; or
(2) for amounts provided in fiscal year 2027, until March
25, 2027.
DIVISION H-- <<NOTE: Further Continuing Appropriations Act,
2026.>> FURTHER CONTINUING APPROPRIATIONS ACT, 2026
Sec. 101. The Continuing Appropriations Act, 2026 (division A of
Public Law 119-37) <<NOTE: 139 Stat. 497.>> is amended by striking the
date specified in section 106(3) and inserting ``February 13, 2026''.
[[Page 140 STAT. 629]]
Sec. 102. <<NOTE: Time period.>> For the purposes of the Continuing
Appropriations Act, 2026 (division A of Public Law 119-37), the time
covered by such division shall be considered to include the period which
began on or about January 31, 2026, during which there occurred a lapse
in appropriations.
Sec. 103. Amounts made available in the Continuing Appropriations
Act, 2026 (division A of Public Law 119-37) and the Consolidated
Appropriations Act, 2026 for personnel pay, allowances, and benefits in
each department and agency shall be available for payments pursuant to
subsection (c) of section 1341 of title 31, United States Code and such
payments shall be made.
Sec. 104. All obligations incurred and in anticipation of the
appropriations made and authority granted by the Continuing
Appropriations Act, 2026 (division A of Public Law 119-37) and by the
Consolidated Appropriations Act, 2026 for the purposes of maintaining
the essential level of activity to protect life and property and
bringing about orderly termination of Government function, and for
purposes as otherwise authorized by law, are hereby ratified and
approved if otherwise in accord with the provisions of such Act.
Sec. 105. <<NOTE: Repeal. 2 USC 6628 and note.>> Section 213 of
title II of division C of the Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans Affairs, and
Extensions Act, 2026, and the amendments made by such section, are
hereby repealed and shall have no force or effect.
This division may be cited as the ``Further Continuing
Appropriations Act, 2026''.
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
SEC. 5001. <<NOTE: Applicability. 7 USC 79 note.>> UNITED STATES
GRAIN STANDARDS ACT EXTENSION.
Sections 7(j)(5), 7A(l)(4), and 21(e) of the United States Grain
Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2025'' each
place it appears.
SEC. 5002. COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER
PROGRAM.
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133;
136 Stat. 5984; 139 Stat. 46) is amended in each of paragraphs (3) and
(4) by striking ``September 30, 2025'' and inserting ``September 30,
2026''.
SEC. 5003. <<NOTE: Applicability. 16 USC 3851a note.>> FOREST
SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302(b) of the Agricultural Act of 2014 (16 U.S.C. 3851a(b))
shall be applied by substituting ``October 1, 2026'' for ``October 1,
2023''.
SEC. 5004. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended, in the first sentence, by
striking ``September 30, 2023'' and inserting ``September 30, 2026''.
[[Page 140 STAT. 630]]
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2023'' and inserting ``September 30, 2026''.
(c) <<NOTE: 42 USC 4016 note.>> Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall take effect immediately upon the date of enactment of this
Act.
(2) Alternate date.--If this Act is enacted after January
30, 2026, this section shall take effect as if enacted on
January 30, 2026.
SEC. 5005. EXTENSION OF REIMBURSABLE SCREENING SERVICES PROGRAM.
Section 225(e) of the Department of Homeland Security Appropriations
Act, 2019 (division A of Public Law 116-6; 49 U.S.C. 44901 note) is
amended by striking ``2025'' and inserting ``2026''.
SEC. 5006. <<NOTE: Applicability. 49 USC 31100 note.>> MOTOR
CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144(d) of the Motor Carrier Safety Reauthorization Act of
2005 (49 U.S.C. 31100 note; Public Law 109-59) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2025''.
SEC. 5007. NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015
(6 U.S.C. 1525(a)) is amended by striking ``September 30, 2025'' and
inserting ``September 30, 2026''.
SEC. 5008. CYBERSECURITY INFORMATION SHARING ACT OF 2015.
Section 111(a) of the Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1510(a)) is amended by striking ``September 30, 2025'' and
inserting ``September 30, 2026''.
SEC. 5009. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
Section 2220A(s)(1) of the Homeland Security Act of 2002 (6 U.S.C.
665g(s)(1)) is amended by striking ``September 30, 2025'' and inserting
``September 30, 2026''.
SEC. 5010. EXTENSION OF THE TECHNOLOGY MODERNIZATION FUND AND
BOARD.
Section 1078(f)(1) of the National Defense Authorization Act for
Fiscal Year 2018 (40 U.S.C. 11301 note) is amended by striking ``On and
after the date that is 2 years after the date on which the Comptroller
General of the United States issues the third report required under
subsection (b)(7)(B)'' and inserting ``After September 30, 2026''.
SEC. 5011. <<NOTE: Time period. 18 USC 3551 note.>> EXTENSION OF
EXISTENCE OF PAROLE COMMISSION.
Any expiration date established by section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473), as such
section relates to chapter 311 of title 18, United States Code, and the
United States Parole Commission, shall not apply during the period
beginning on October 1, 2025, and ending on January 30, 2031.
SEC. 5012. ADDITIONAL SPECIAL ASSESSMENT.
Section 3014(a) of title 18, United States Code, is amended by
striking ``and ending on September 30, 2025''.
[[Page 140 STAT. 631]]
SEC. 5013. <<NOTE: Applicability. 8 USC 1182 note.>> RURAL
HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2015''.
SEC. 5014. <<NOTE: Applicability. 8 USC 1324a note.>> E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2015''.
SEC. 5015. <<NOTE: Applicability. 8 USC 1101 note.>> NON-MINISTER
RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ``September
30, 2026'' for ``September 30, 2015'' each place such date appears.
SEC. 5016. <<NOTE: Determination. 8 USC 1184 note.>> H-2B
SUPPLEMENTAL VISA EXEMPTION.
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of United States businesses cannot be satisfied during fiscal year 2026
with United States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the total number
of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year by not
more than the highest number of H-2B nonimmigrants who participated in
the H-2B returning worker program in any fiscal year in which returning
workers were exempt from such numerical limitation.
SEC. 5017. EMERGENCY AUTHORITY FOR SENTENCING COMMISSION.
(a) <<NOTE: Guidelines. Deadline.>> In General.--The United States
Sentencing Commission (in this section, referred to as the
``Commission'') shall promulgate the guidelines or amendments provided
for under section 8605(e) of the SAFER SKIES Act (title LXXXVI of Public
Law 119-60) as soon as possible after the date of enactment of such Act,
and in any event not later than December 31, 2026, notwithstanding the
deadline under section 994(p) of title 28, United States Code.
(b) Effective Date.--The amendments to the guidelines promulgated
under subsection (a) shall take effect 180 days after the date of
promulgation by the Commission, except to the extent that the effective
date is revised or the amendment is otherwise modified or disapproved by
an Act of Congress, and shall supersede any amendment to the contrary
contained in the amendments to the sentencing guidelines submitted to
Congress by the Commission on or about May 1, 2026.
(c) Rule of Construction.--The requirements of this section shall
supersede the timeline set forth in section 8605(e)(1) of the SAFER
SKIES Act (title LXXXVI of Public Law 119-60).
SEC. 5018. BANKRUPTCY FEES.
(a) In General.--Section 126 of the Continuing Appropriations Act,
2026 (division A of the Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans Affairs, and
Extensions Act, 2026 (Public Law 119-37; 139 Stat. 502)) is amended to
read as follows:
[[Page 140 STAT. 632]]
``Sec. 126. <<NOTE: Time period. Applicability.>> Notwithstanding
section 106, during the period ending on the last day of the first
calendar quarter of 2026, section 1930(a)(6)(B)(i) of title 28, United
States Code, shall be applied as if `During the 5-year period' were
struck.''.
(b) Application of Amendments Made by the Bankruptcy Administration
Improvement Act of 2025.--
(1) In general.--Section 6(b)(2)(A) of the Bankruptcy
Administration Improvement Act of 2025 <<NOTE: 11 USC 330
note.>> is amended by striking ``on the'' and inserting ``on or
after the''.
(2) <<NOTE: 11 USC 330 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as though
enacted immediately after the enactment of the Bankruptcy
Administration Improvement Act of 2025.
SEC. 5019. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) Extension of Preferential Treatment for Certain Countries in
Africa Under African Growth and Opportunity Act; Retroactive
Application.--
(1) Extension.--
(A) Trade act of 1974.--Section 506B of the Trade
Act of 1974 (19 U.S.C. 2466b) is amended by striking
``September 30, 2025'' and inserting ``December 31,
2026''.
(B) African growth and opportunity act.--
(i) In general.--Section 112(g) of the African
Growth and Opportunity Act (19 U.S.C. 3721(g)) is
amended by striking ``September 30, 2025'' and
inserting ``December 31, 2026''.
(ii) Regional apparel article program.--
Section 112(b)(3)(A) of the African Growth and
Opportunity Act (19 U.S.C. 3721(b)(3)(A)) is
amended--
(I) in clause (i), by striking ``21
succeeding'' and inserting ``23
succeeding''; and
(II) in clause (ii)(II), by striking
``September 30, 2025'' and inserting
``December 31, 2026''.
(iii) Third-country fabric program.--Section
112(c)(1) of the African Growth and Opportunity
Act (19 U.S.C. 3721(c)(1)) is amended--
(I) in the paragraph heading, by
striking ``September 30, 2025'' and
inserting ``December 31, 2026'';
(II) in subparagraph (A), by
striking ``September 30, 2025'' and
inserting ``December 31, 2026''; and
(III) in subparagraph (B)(ii), by
striking ``September 30, 2025'' and
inserting ``December 31, 2026''.
(2) <<NOTE: Deadlines. 19 USC 2466b note.>> Retroactive
application.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, and subject to subparagraph (B), any
entry of a covered article to which duty-free treatment
or other preferential treatment under section 506A of
the Trade Act of 1974 (19 U.S.C. 2466a) or section 112
of the African Grown and Opportunity Act (19 U.S.C.
3721) would have applied if the entry had been made on
September 30, 2025, that was made--
(i) after September 30, 2025, and
[[Page 140 STAT. 633]]
(ii) before the date of the enactment of this
Act,
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(B) Requests.--A liquidation or reliquidation may be
made under subparagraph (A) with respect to an entry
only if a request therefor is filed with the
Commissioner of U.S. Customs and Border Protection not
later than 180 days after the date of the enactment of
this Act that contains sufficient information to enable
such Commissioner--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be
located.
(C) Payment of amounts owed.--Any amounts owed by
the United States pursuant to the liquidation or
reliquidation of an entry of a covered article under
subparagraph (A) shall be paid, without interest of any
kind, not later than 90 days after the date of the
liquidation or reliquidation (as the case may be).
(D) Definitions.--In this paragraph:
(i) Covered article.--The term ``covered
article'' means an article from a country that is
designated by the President as a beneficiary sub-
Saharan African country under section 104 of the
African Growth and Opportunity Act (19 U.S.C.
3703) as of the day before the date of the
enactment of this Act.
(ii) Entry.--The term ``entry'' includes a
withdrawal from warehouse for consumption.
(b) Extension of Customs User Fees.--
(1) In general.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))
is amended--
(A) in subparagraph (A), by striking ``September 30,
2031'' and inserting ``December 31, 2031''; and
(B) in subparagraph (B)(i), by striking ``September
30, 2031'' and inserting ``December 31, 2031''.
(2) Rate for merchandise processing fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation Act
(Public Law 112-41;19 U.S.C. 3805 note) is amended by striking
``September 30, 2031'' and inserting ``December 31, 2031''.
SEC. 5020. EXTENSION OF HAITI ECONOMIC LIFT PROGRAM.
(a) Extension of Special Rules for Haiti Under Caribbean Basin
Economic Recovery Act.--Section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a) is amended--
(1) <<NOTE: Time periods.>> in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (B)(v)(I) to read
as follows:
``(I) Applicable percentage.--The
term `applicable percentage' means 60
percent or more on and after December
20, 2017.''; and
(ii) by amending subparagraph (C) to read as
follows:
``(C) Quantitative limitations.--The preferential
treatment described in subparagraph (A) shall be
extended, during each period after the initial
applicable 1-year period, to not more than 1.25 percent
of the aggregate square
[[Page 140 STAT. 634]]
meter equivalents of all apparel articles imported into
the United States in the most recent 12-month period for
which data are available.''; and
(B) in paragraph (2), by striking ``in each of the
16 succeeding 1-year periods'' each place it appears and
inserting ``in any of the succeeding 1-year periods'';
and
(2) by amending subsection (h) to read as follows:
``(h) Termination.--The duty-free treatment provided under this
section shall remain in effect until December 31, 2026.''.
(b) <<NOTE: President. 19 USC 2703a note.>> Restoration of
Eligibility of Certain Articles for Preferential Treatment.--
(1) In general.--The President shall proclaim such
modifications to the Harmonized Tariff Schedule of the United
States as may be necessary to restore the eligibility of
articles described in paragraph (2) for preferential treatment
under section 213A of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703a).
(2) Articles described.--An article described in this
paragraph is an article that--
(A) was eligible for preferential treatment under
section 213A of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703a) on December 20, 2006; and
(B) became ineligible for such treatment after that
date and before the date of the enactment of this Act as
a result of revisions to the Harmonized Tariff Schedule.
(3) <<NOTE: Reports.>> Effective date of proclamation.--A
proclamation under paragraph (1) shall take effect not earlier
than 2 business days after the President submits to the
Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report on the
proclamation and the reasons for the modifications to the
Harmonized Tariff Schedule under the proclamation.
(c) <<NOTE: Deadlines. Time period.>> Retroactive Application.--
(1) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, and
subject to paragraph (2), any entry of a covered article to
which duty-free treatment or other preferential treatment under
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.) would have applied if the entry had been made before
September 30, 2025, that was made--
(A) on or after September 30, 2025, and
(B) before the date of the enactment of this Act,
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(2) Requests.--A liquidation or reliquidation may be made
under paragraph (1) with respect to an entry only if a request
therefor is filed with the Commissioner of U.S. Customs and
Border Protection not later than 180 days after the date of the
enactment of this Act that contains sufficient information to
enable such Commissioner--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
(3) Payment of amounts owed.--Any amounts owed by the United
States pursuant to the liquidation or reliquidation of an entry
of a covered article under paragraph (1) shall be paid, without
interest of any kind, not later than 90 days
[[Page 140 STAT. 635]]
after the date of the liquidation or reliquidation (as the case
may be).
(4) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article''
means an article from Haiti.
(B) Entry.--The term ``entry'' includes a withdrawal
from warehouse for consumption.
SEC. 5021. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
and each succeeding division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION J--HEALTH CARE EXTENDERS
SEC. 6001. TABLE OF CONTENTS.
The table of contents of this division is as follows:
DIVISION J--HEALTH CARE EXTENDERS
Sec. 6001. Table of contents.
TITLE I--MEDICAID
Sec. 6101. Streamlined enrollment process for eligible out-of-State
providers under Medicaid and CHIP.
Sec. 6102. Removing certain age restrictions on Medicaid eligibility for
working adults with disabilities.
Sec. 6103. Medicaid State plan requirement for determining residency and
coverage for military families.
Sec. 6104. State studies and HHS report on costs of providing maternity,
labor, and delivery services.
Sec. 6105. Modifying certain disproportionate share hospital allotments.
Sec. 6106. Modifying certain limitations on disproportionate share
hospital payment adjustments under the Medicaid program.
TITLE II--MEDICARE
Sec. 6201. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 6202. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 6203. Extension of add-on payments for ambulance services.
Sec. 6204. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 6205. Extension of funding for quality measure endorsement, input,
and selection.
[[Page 140 STAT. 636]]
Sec. 6206. Extension of funding outreach and assistance for low-income
programs.
Sec. 6207. Extension of funding for Medicare hospice surveys.
Sec. 6208. Extension of the work geographic index floor.
Sec. 6209. Extension of certain telehealth flexibilities.
Sec. 6210. Extending acute hospital care at home waiver flexibilities.
Sec. 6211. In-home cardiopulmonary rehabilitation flexibility.
Sec. 6212. Enhancing certain program integrity requirements for DME
under Medicare.
Sec. 6213. Guidance on furnishing services via telehealth to individuals
with limited English proficiency.
Sec. 6214. Inclusion of virtual diabetes prevention program suppliers in
MDPP Expanded Model.
Sec. 6215. Medication-induced movement disorder outreach and education.
Sec. 6216. Report on wearable medical devices.
Sec. 6217. Extension of temporary inclusion of authorized oral antiviral
drugs as covered part D drugs.
Sec. 6218. Extension of adjustment to calculation of hospice cap amount
under Medicare.
Sec. 6219. Adjustments to Medicare part D cost-sharing reductions for
low-income individuals.
Sec. 6220. Requiring Enhanced and Accurate Lists of (REAL) Health
Providers Act.
Sec. 6221. Medicare coverage of multi-cancer early detection screening
tests.
Sec. 6222. Medicare coverage of external infusion pumps and non-self-
administrable home infusion drugs.
Sec. 6223. Assuring pharmacy access and choice for medicare
beneficiaries.
Sec. 6224. Modernizing and ensuring PBM accountability.
Sec. 6225. Requiring a separate identification number and an attestation
for each off-campus outpatient department of a provider.
Sec. 6226. Revising phase-in of medicare clinical laboratory test
payment changes.
Sec. 6227. Medicare sequestration.
Sec. 6228. Medicare Improvement Fund.
TITLE III--HUMAN SERVICES
Sec. 6301. Sexual risk avoidance education extension.
Sec. 6302. Personal responsibility education extension.
Sec. 6303. Extension of funding for family-to-family health information
centers.
Sec. 6304. Extension of the Temporary Assistance for Needy Families
Program.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
Sec. 6401. Extension for community health centers, National Health
Service Corps, and teaching health centers that operate GME
programs.
Sec. 6402. Extension of special diabetes programs.
Sec. 6403. Extension of national health security programs.
Sec. 6404. No Surprises Act implementation.
Subtitle B--World Trade Center Health Program
Sec. 6411. 9/11 responder and survivor health funding corrections.
TITLE V--PUBLIC HEALTH PROGRAMS
Sec. 6501. Preventing maternal deaths.
Sec. 6502. Organ Procurement and Transplantation Network.
Sec. 6503. Honor our living donors.
Sec. 6504. Program for pediatric studies of drugs.
Sec. 6505. Sickle cell disease prevention and treatment.
Sec. 6506. Lifespan respite care.
Sec. 6507. PREEMIE.
Sec. 6508. Dr. Lorna Breen health care provider protection.
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
Sec. 6601. Research into pediatric uses of drugs; additional authorities
of Food and Drug Administration regarding molecularly
targeted cancer drugs.
Sec. 6602. Ensuring completion of pediatric study requirements.
Sec. 6603. FDA report on PREA enforcement.
Sec. 6604. Extension of authority to issue priority review vouchers to
encourage treatments for rare pediatric diseases.
Sec. 6605. Limitations on exclusive approval or licensure of orphan
drugs.
Subtitle B--United States-Abraham Accords Cooperation and Security
Sec. 6611. Establishment of Abraham Accords Office within Food and Drug
Administration.
[[Page 140 STAT. 637]]
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
Sec. 6701. Oversight of pharmacy benefit management services.
Sec. 6702. Full rebate pass through to plan; exception for innocent plan
fiduciaries.
Sec. 6703. Increasing transparency in generic drug applications.
TITLE I--MEDICAID
SEC. 6101. STREAMLINED ENROLLMENT PROCESS FOR ELIGIBLE OUT-OF-
STATE PROVIDERS UNDER MEDICAID AND CHIP.
(a) In General.--Section 1902(kk) of the Social Security Act (42
U.S.C. 1396a(kk)) is amended by adding at the end the following new
paragraph:
``(10) Streamlined enrollment process for eligible out-of-
state providers.--
``(A) In general.--The State--
``(i) adopts and implements a process to allow
an eligible out-of-State provider to enroll under
the State plan (or a waiver of such plan) to
furnish items and services to, or order,
prescribe, refer, or certify eligibility for items
and services for, qualifying individuals without
the imposition of screening or enrollment
requirements by such State that exceed the minimum
necessary for such State to provide payment to an
eligible out-of-State provider under such State
plan (or a waiver of such plan), such as the
provider's name and National Provider Identifier
(and such other information specified by the
Secretary); and
``(ii) <<NOTE: Time period.>> provides that an
eligible out-of-State provider that enrolls as a
participating provider in the State plan (or a
waiver of such plan) through such process shall be
so enrolled for a 5-year period, unless the
provider is terminated or excluded from
participation during such period.
``(B) Definitions.--In this paragraph:
``(i) Eligible out-of-state provider.--The
term `eligible out-of-State provider' means, with
respect to a State, a provider--
``(I) that is located in any other
State;
``(II) that--
``(aa) was determined by the
Secretary to have a limited risk
of fraud, waste, and abuse for
purposes of determining the
level of screening to be
conducted under section
1866(j)(2), has been so screened
under such section 1866(j)(2),
and is enrolled in the Medicare
program under title XVIII; or
``(bb) was determined by the
State agency administering or
supervising the administration
of the State plan (or a waiver
of such plan) of such other
State to have a limited risk of
fraud, waste, and abuse for
purposes of determining the
level of screening to be
conducted under paragraph (1) of
this subsection, has been so
screened under such paragraph
(1), and is enrolled under such
State plan (or a waiver of such
plan); and
``(III) that has not been--
[[Page 140 STAT. 638]]
``(aa) excluded from
participation in any Federal
health care program pursuant to
section 1128 or 1128A;
``(bb) excluded from
participation in the State plan
(or a waiver of such plan)
pursuant to part 1002 of title
42, Code of Federal Regulations
(or any successor regulation),
or State law; or
``(cc) terminated from
participating in a Federal
health care program or the State
plan (or a waiver of such plan)
for a reason described in
paragraph (8)(A).
``(ii) Qualifying individual.--The term
`qualifying individual' means an individual under
21 years of age who is enrolled under the State
plan (or waiver of such plan).
``(iii) State.--The term `State' means 1 of
the 50 States or the District of Columbia.''.
(b) Conforming Amendments.--
(1) Section 1902(a)(77) of the Social Security Act (42
U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,''
after ``screening,''.
(2) The subsection heading for section 1902(kk) of such Act
(42 U.S.C. 1396a(kk)) is amended by inserting ``enrollment,''
after ``screening,''.
(3) Section 2107(e)(1)(G) of such Act (42 U.S.C.
1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after
``screening,''.
(c) <<NOTE: 42 USC 1396a note.>> Effective Date.--The amendments
made by this section shall take effect on the date that is 3 years after
the date of enactment of this Act.
SEC. 6102. REMOVING CERTAIN AGE RESTRICTIONS ON MEDICAID
ELIGIBILITY FOR WORKING ADULTS WITH
DISABILITIES.
(a) Modification of Optional Buy-in Groups.--
(1) In general.--Section 1902(a)(10)(A)(ii) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
(A) in subclause (XV)--
(i) by striking ``, but less than 65,''; and
(ii) by inserting ``, including at least the
group described in section 1905(a)(xviii)'' before
the semicolon at the end; and
(B) in subclause (XVI), by inserting ``including at
least the group described in section 1905(a)(xii),''
after ``the State may establish,''.
(2) Individuals described.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended--
(A) in clause (xvi), by striking ``or'' at the end;
(B) in clause (xvii), by adding ``or'' after the
comma at the end; and
(C) by adding after clause (xvii) the following new
clause:
``(xviii) individuals who, but for earnings in
excess of the limit established under subsection
(q)(2)(B), would be considered to be receiving
supplemental security income, and who are at least
16 years of age,''.
[[Page 140 STAT. 639]]
(3) Definition modification.--Section 1905(v)(1)(A) of the
Social Security Act (42 U.S.C. 1396d(v)(1)(A)) is amended by
striking ``, but less than 65,''.
(b) <<NOTE: 42 USC 1396a note.>> Application to Certain States.--A
State that, as of the date of enactment of this Act, provides for making
medical assistance available to individuals described in subclause (XV)
or (XVI) of section 1902(a)(10)(A)(ii) of the Social Security Act (42
U.S.C. 1396a(a)(10)(A)(ii)) shall not be regarded as failing to comply
with the requirements of the amendments made by subsection (a) before
January 1, 2028.
SEC. 6103. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING
RESIDENCY AND COVERAGE FOR MILITARY
FAMILIES.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (88), by striking ``and'' at the
end;
(B) in paragraph (89), by striking the period at the
end and inserting ``; and''; and
(C) by inserting after paragraph (89), the following
new paragraph:
``(90) beginning January 1, 2030, provide, with respect to
an active duty relocated individual (as defined in subsection
(yy)(1))--
``(A) that, for purposes of determining eligibility
for medical assistance under the State plan (or waiver
of such plan), such active duty relocated individual is
treated as a resident of the State unless such
individual voluntarily elects not to be so treated for
such purposes;
``(B) that if, at the time of relocation (as
described in subsection (yy)(1)), such active duty
relocated individual is on a home and community-based
services waiting list (as defined in subsection
(yy)(2)), such individual remains on such list until--
``(i) <<NOTE: Assessment.>> the State
completes an assessment and renders a decision
with respect to the eligibility of such individual
to receive the relevant home and community-based
services at the time a slot for such services
becomes available and, in the case such decision
is a denial of such eligibility, such individual
has exhausted the individual's opportunity for a
fair hearing; or
``(ii) such individual elects to be removed
from such list; and
``(C) payment for medical assistance furnished under
the State plan (or a waiver of the plan) on behalf of
such active duty relocated individual in the military
service relocation State (as referred to in subsection
(yy)(1)(B)(i)), to the extent that such assistance is
available in such military service relocation State in
accordance with such guidance as the Secretary may issue
to ensure access to such assistance.''; and
(2) by adding at the end the following new subsection:
``(yy) <<NOTE: Definitions.>> Active Duty Relocated Individual; Home
and Community-based Services Waiting List.--For purposes of subsection
(a)(90) and this subsection:
[[Page 140 STAT. 640]]
``(1) Active duty relocated individual.--The term `active
duty relocated individual' means an individual--
``(A) who--
``(i) is enrolled under the State plan (or
waiver of such plan); or
``(ii) with respect to an individual described
in subparagraph (C)(ii), would be so enrolled
pursuant to subsection (a)(10)(A)(ii)(VI) if such
individual began receiving home and community-
based services;
``(B) who--
``(i) is a member of the Armed Forces engaged
in active duty service and is relocated to another
State (in this subsection referred to as the
`military service relocation State') by reason of
such service;
``(ii) would be described in clause (i) except
that the individual stopped being engaged in
active duty service (including by reason of
retirement from such service) and the last day on
which the individual was engaged in active duty
service occurred not more than 12 months ago; or
``(iii) is a dependent (as defined by the
Secretary) of a member described in clause (i) or
(ii) who relocates to the military service
relocation State with such member; and
``(C) who--
``(i) was receiving home and community-based
services (as defined in section 9817(a)(2)(B) of
the American Rescue Plan Act of 2021) at the time
of such relocation; or
``(ii) if the State maintains a home and
community-based services waiting list, was on such
home and community-based services waiting list at
the time of such relocation.
``(2) Home and community-based services waiting list.--The
term `home and community-based services waiting list' means, in
the case of a State that has a limit on the number of
individuals who may receive home and community-based services
under section 1115(a) or section 1915(c), a list maintained by
such State of individuals who are requesting to receive such
services under 1 or more such sections but for whom the State
has not yet completed an assessment and rendered a decision with
respect to the eligibility of such individuals to receive the
relevant home and community-based services at the time a slot
for such services becomes available due to such limit.''.
(b) <<NOTE: Time periods.>> Implementation Funding.--There are
appropriated, out of any funds in the Treasury not otherwise obligated,
$1,000,000 for each of fiscal years 2026 through 2030, to remain
available until expended, to the Secretary of Health and Human Services
for purposes of implementing the amendments made by subsection (a).
SEC. 6104. <<NOTE: 42 USC 1396w-9.>> STATE STUDIES AND HHS REPORT
ON COSTS OF PROVIDING MATERNITY, LABOR,
AND DELIVERY SERVICES.
(a) State Study.--
(1) <<NOTE: Time periods.>> In general.--Not later than 30
months after the date of enactment of this Act, and every 5
years thereafter, each
[[Page 140 STAT. 641]]
State (as such term is defined in section 1101(a)(1) of the
Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of
titles XIX and XXI of such Act) shall conduct a study on the
costs of providing maternity, labor, and delivery services in
applicable hospitals (as defined in paragraph (3)) and submit
the results of such study to the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'') in
such form and manner as the Secretary requires.
(2) Content of study.--A State study required under
paragraph (1) shall include the following information (to the
extent practicable and as further defined by the Secretary) with
respect to maternity, labor, and delivery services furnished by
applicable hospitals located in the State:
(A) An estimate of the cost of providing maternity,
labor, and delivery services at applicable hospitals,
based on the expenditures a representative sample of
such hospitals incurred for providing such services
during the 2 most recent years for which data is
available.
(B) An estimate of the cost of providing maternity,
labor, and delivery services at hospitals that would be
applicable hospitals (as defined in paragraph (3)) if
not for ceasing to provide labor and delivery services
within the past 5 years, based on the expenditures a
representative sample of such hospitals incurred for
providing such services during the 2 most recent years
for which data is available.
(C) To the extent data allow, an analysis of the
extent to which geographic location, community
demographics, and local economic factors (as defined by
the Secretary) affect the cost of providing maternity,
labor, and delivery services at applicable hospitals
described in subparagraphs (A) and (B), including the
cost of services that support the provision of
maternity, labor, and delivery services.
(D) The amounts applicable hospitals are paid for
maternity, labor, and delivery services, by geographic
location and hospital size, under--
(i) parts A and B of the Medicare program;
(ii) the State Medicaid program, including
payment amounts for such services under fee-for-
service payment arrangements and under managed
care (as applicable);
(iii) the State CHIP plan, including payment
amounts for such services under fee-for-service
payment arrangements and under managed care (as
applicable); and
(iv) private health insurance.
(E) A comparative payment rate analysis--
(i) comparing payment rates for maternity,
labor, and delivery services (inclusive of all
payments received by applicable hospitals for
furnishing maternity, labor, and delivery
services) under the State Medicaid fee-for-service
program to such payment rates for such services
under Medicare (including those described in
paragraphs (2) and (3) of section 447.203(b) of
title 42, Code of Federal Regulations), and, to
the extent data is available, such payment rates
for such services under Medicaid managed care
[[Page 140 STAT. 642]]
and private health insurers within geographic
areas of the State; and
(ii) analyzing different payment methods for
such services, such as the use of bundled
payments, quality incentives, and low-volume
adjustments.
(F) An evaluation, using such methodology and
parameters established by the Secretary, of whether each
hospital located in the State that furnishes maternity,
labor, and delivery services is expected to experience
in the next 3 years significant changes in particular
expenditures or types of reimbursement for maternity,
labor, and delivery services.
(3) Applicable hospital defined.--For purposes of this
subsection, the term ``applicable hospital'' means any hospital
located in a State that meets either of the following criteria:
(A) The hospital provides labor and delivery
services and more than 50 percent of the hospital's
births (in the most recent year for which such data is
available) are financed by the Medicaid program or CHIP.
(B) The hospital--
(i) is located in a rural area (as defined by
the Federal Office of Rural Health Policy for the
purpose of rural health grant programs
administered by such Office);
(ii) based on the most recent 2 years of data
available (as determined by the Secretary),
furnished services for less than an average of 300
births per year; and
(iii) provides labor and delivery services.
(4) Assistance to small hospitals in compiling cost
information.--There are appropriated to the Secretary for fiscal
year 2026, $10,000,000 for the purpose of providing grants and
technical assistance to a hospital described in paragraph (3)(B)
to enable such hospital to compile detailed information for use
in the State studies required under paragraph (1), to remain
available until expended.
(5) <<NOTE: Public information.>> HHS report on state
studies.--For each year in which a State is required to conduct
a study under paragraph (1), the Secretary shall issue, not
later than 18 months after the date on which the State submits
to the Secretary the data described in such paragraph, a
publicly available report that compiles and details the results
of such study and includes the information described in
paragraph (2).
(b) <<NOTE: Public information.>> HHS Report on National Data
Collection Findings.--Not later than 3 years and 6 months after the date
of enactment of this Act, the Secretary shall submit to Congress, and
make publicly available, a report analyzing the first studies conducted
by States under subsection (a)(1), including recommendations for
improving data collection on the cost of providing maternity, labor, and
delivery services.
(c) Implementation Funding.--In addition to the amount appropriated
under subsection (a)(4), there are appropriated, out of any funds in the
Treasury not otherwise obligated, $3,000,000 for fiscal year 2026, to
remain available until expended, to the Secretary of Health and Human
Services for purposes of implementing this section.
[[Page 140 STAT. 643]]
SEC. 6105. MODIFYING CERTAIN DISPROPORTIONATE SHARE HOSPITAL
ALLOTMENTS.
(a) Extending Tennessee DSH Allotments.--Section 1923(f)(6)(A)(vi)
of the Social Security Act (42 U.S.C. 1396r-4(f)(6)(A)(vi)) is amended--
(1) in the heading, by striking ``2025 and a portion of
fiscal year 2026'' and inserting ``2027''; and
(2) by inserting ``, and the DSH allotment for Tennessee for
the portion of fiscal year 2026 beginning on January 31, 2026,
and ending September 30, 2026, shall be $35,351,507, which may
be claimed as fiscal year 2026 uncompensated care costs, and the
DSH allotment for Tennessee for fiscal year 2027, shall be
$53,100,000'' before the period.
(b) Eliminating Certain DSH Allotment Reductions.--Section
1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-4(f)(7)(A)) is
amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``the period beginning January 31, 2026, and
ending September 30, 2026, and for each of fiscal years
2027 and 2028'' and inserting ``fiscal year 2028'';
(B) in subclause (I), by striking ``or period''; and
(C) in subclause (II), by striking ``or period''
each place it appears; and
(2) in clause (ii), by striking ``the period beginning
January 31, 2026, and ending September 30, 2026, and for each of
fiscal years 2027 and 2028'' and inserting ``fiscal year 2028''.
SEC. 6106. MODIFYING CERTAIN LIMITATIONS ON DISPROPORTIONATE SHARE
HOSPITAL PAYMENT ADJUSTMENTS UNDER THE
MEDICAID PROGRAM.
(a) In General.--Section 1923(g) of the Social Security Act (42
U.S.C. 1396r-4(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``(other than a hospital described in
paragraph (2)(B))'';
(ii) in clause (i), by inserting ``with
respect to such hospital and year'' after
``described in subparagraph (B)''; and
(iii) in clause (ii)--
(I) in subclause (I), by striking
``and'' at the end;
(II) in subclause (II), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following new subclause:
``(III) payments made under title
XVIII or by an applicable plan (as
defined in section 1862(b)(8)(F)) for
such services.''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``in this clause are'' and inserting ``in
this subparagraph are, with respect to a hospital
and a year,''; and
(ii) by adding at the end the following new
clause:
``(iii) Individuals who are eligible for
medical assistance under the State plan or under a
waiver
[[Page 140 STAT. 644]]
of such plan and for whom the State plan or waiver
is a payor for such services after application of
benefits under title XVIII or under an applicable
plan (as defined in section 1862(b)(8)(F)), but
only if the hospital has in the aggregate incurred
costs exceeding payments under such State plan,
waiver, title XVIII, or applicable plan for such
services furnished to such individuals during such
year.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking
``Notwithstanding paragraph (2) of this subsection (as in effect
on October 1, 2021), paragraph (2)'' and inserting ``Paragraph
(2)''.
(b) <<NOTE: 42 USC 1396r-4 note.>> Effective Date.--
(1) <<NOTE: Applicability.>> In general.--Except as provided
in paragraph (2), the amendments made by this section shall
apply to payment adjustments made under section 1923 of the
Social Security Act (42 U.S.C. 1396r-4) for Medicaid State plan
rate years beginning on or after the date of enactment of this
Act.
(2) State option to distribute unspent dsh allotments from
prior years up to modified cap.--
(A) In general.--If, for any Medicaid State plan
rate year that begins on or after October 1, 2022, and
before the date of enactment of this Act, a State did
not spend the full amount of its Federal fiscal year
allotment under section 1923 of the Social Security Act
(42 U.S.C. 1396r-4) applicable to that State plan rate
year, the State may use the unspent portion of such
allotment to increase the amount of any payment
adjustment made to a hospital for such rate year,
provided that--
(i) such payment adjustment (as so increased)
is consistent with subsection (g) of such section
(as amended by this section); and
(ii) the total amount of all payment
adjustments for the State plan rate year (as so
increased) does not exceed the disproportionate
share hospital allotment for the State and
applicable Federal fiscal year under subsection
(f) of such section.
(B) No recoupment of payments already made to
hospitals.--A State shall not recoup any payment
adjustment made by the State to a hospital for a
Medicaid State plan rate year described in subparagraph
(A) if such payment adjustment is consistent with
section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as in
effect on October 1, 2021.
(C) Authority to permit retroactive modification of
state plan amendments to allow for increases.--
(i) In general.--Subject to clause (ii),
solely for the purpose of allowing a State to
increase the amount of a payment adjustment to a
hospital for a Medicaid State plan rate year
described in subparagraph (A) pursuant to this
paragraph, a State may retroactively modify a
provision of the Medicaid State plan, a waiver of
such plan, or a State plan amendment that relates
to such rate year and the Secretary may approve
such modification.
(ii) Deadline.--A State may not submit a
request for approval of a retroactive modification
to a provision
[[Page 140 STAT. 645]]
of the Medicaid State plan, a waiver of such plan,
or a State plan amendment for a Medicaid State
plan rate year after the date by which the State
is required to submit the independent certified
audit for such State plan rate year as required
under section 1923(j)(2) of the Social Security
Act (42 U.S.C. 1396r-4(j)(2)).
(D) Reporting.--If a State increases a payment
adjustment made to a hospital for a Medicaid State plan
rate year pursuant to this paragraph, the State shall
include information in such form and manner as the
Secretary shall specify on such increased payment
adjustment as part of the annual report submitted by the
State under section 1923(j)(1) of the Social Security
Act (42 U.S.C. 1396r-4(j)(1)) for such State plan rate
year or, if necessary, as determined by the Secretary,
in an amendment to such annual report.
TITLE II--MEDICARE
SEC. 6201. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
ADJUSTMENT FOR CERTAIN LOW-VOLUME
HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), by striking ``during the portion of
fiscal year 2026 beginning on January 31, 2026, and ending on
September 30, 2026, and in fiscal year 2027'' and inserting
``during the portion of fiscal year 2027 beginning on January 1,
2027, and ending on September 30, 2027, and in fiscal year
2028'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I), by
striking ``through 2025 and the portion of fiscal year
2026 beginning on October 1, 2025, and ending on January
30, 2026'' and inserting ``through 2026 and the portion
of fiscal year 2027 beginning on October 1, 2026, and
ending on December 31, 2026'';
(B) in subclause (III), by striking ``through 2025
and the portion of fiscal year 2026 beginning on October
1, 2025, and ending on January 30, 2026'' and inserting
``through 2026 and the portion of fiscal year 2027
beginning on October 1, 2026, and ending on December 31,
2026''; and
(C) in subclause (IV), by striking ``the portion of
fiscal year 2026 beginning on January 31, 2026, and
ending on September 30, 2026, and fiscal year 2027'' and
inserting ``the portion of fiscal year 2027 beginning on
January 1, 2027, and ending on September 30, 2027, and
fiscal year 2028''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``through 2025 or during the portion of fiscal year 2026
beginning on October 1, 2025, and ending on January 30,
2026'' and inserting ``through 2026 or during the
portion of fiscal year 2027 beginning on October 1,
2026, and ending on December 31, 2026''; and
[[Page 140 STAT. 646]]
(B) in clause (ii), by striking ``through 2025 and
the portion of fiscal year 2026 beginning on October 1,
2025, and ending on January 30, 2026'' and inserting
``through 2026 and the portion of fiscal year 2027
beginning on October 1, 2026, and ending on December 31,
2026''.
(b) <<NOTE: 42 USC 1395ww note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendments made by this section by program instruction
or otherwise.
SEC. 6202. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH)
PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``January 31, 2026'' and
inserting ``January 1, 2027''; and
(2) in clause (ii)(II), by striking ``January 31, 2026'' and
inserting ``January 1, 2027''.
(b) Conforming Amendments.--
(1) In general.--Section 1886(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``January 31, 2026'' and inserting ``January 1, 2027'';
and
(B) in clause (iv), by striking ``through fiscal
year 2025 and the portion of fiscal year 2026 beginning
on October 1, 2025, and ending on January 30, 2026'' and
inserting ``through fiscal year 2026 and the portion of
fiscal year 2027 beginning on October 1, 2026, and
ending on December 31, 2026''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended by striking ``through
fiscal year 2025, or the portion of fiscal year 2026 beginning
on October 1, 2025, and ending on January 30, 2026'' and
inserting ``through fiscal year 2026, or the portion of fiscal
year 2027 beginning on October 1, 2026, and ending on December
31, 2026''.
SEC. 6203. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended--
(1) in paragraph (12)(A), by striking ``January 31, 2026''
and inserting ``January 1, 2028''; and
(2) in paragraph (13), by striking ``January 31, 2026'' each
place it appears and inserting ``January 1, 2028'' in each such
place.
SEC. 6204. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN
ELIGIBLE ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``, and during 2028,'' after ``with
2026''; and
(B) by inserting ``, or, with respect to 2028, 3.1
percent'' after ``1.88 percent'';
(2) in paragraph (2)--
[[Page 140 STAT. 647]]
(A) in subparagraph (B)--
(i) in the heading, by inserting ``and 2028''
after ``2026''; and
(ii) in the matter preceding clause (i), by
inserting ``and 2028'' after ``2026'';
(B) in subparagraph (C)--
(i) in the heading, by striking ``Beginning in
2027'' and inserting ``2027 and 2029 and
subsequent years''; and
(ii) in the matter preceding clause (i), by
inserting ``and 2029'' after ``2027''; and
(C) in subparagraph (D), by striking ``and 2026''
and inserting ``2026, and 2028''; and
(3) in paragraph (4)(B), by inserting ``, or, with respect
to 2028, 3.1 percent'' after ``1.88 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the Social
Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by inserting ``and 2028'' after
``2026''; and
(2) in subclause (III), by inserting ``and 2029'' after
``2027''.
SEC. 6205. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``and $13,300,000'' and inserting
``$13,300,000''; and
(B) by inserting the following before the period at
the end: ``, and $15,100,000 for fiscal year 2027''; and
(2) in the third sentence, by striking ``and 2026'' and
inserting ``2026, and 2027''.
SEC. 6206. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
INCOME PROGRAMS.
(a) State Health Insurance Assistance Programs.--Subsection
(a)(1)(B) of section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 (42 U.S.C. 1395b-3 note) is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new clause:
``(xvi) for the period beginning on January
31, 2026, and ending on December 31, 2027,
$30,000,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new clause:
``(xvi) for the period beginning on January
31, 2026, and ending on December 31, 2027,
$30,000,000.''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
[[Page 140 STAT. 648]]
(3) by inserting after clause (xv) the following new clause:
``(xvi) for the period beginning on January
31, 2026, and ending on December 31, 2027,
$10,000,000.''.
(d) Coordination of Efforts to Inform Older Americans About Benefits
Available Under Federal and State Programs.--Subsection (d)(2) of such
section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new clause:
``(xvi) for the period beginning on January 31,
2026, and ending on December 31, 2027, $30,000,000.''.
SEC. 6207. EXTENSION OF FUNDING FOR MEDICARE HOSPICE SURVEYS.
Section 3(a)(2) of the IMPACT Act of 2014 (Public Law 113-185), as
amended by section 6205 of division F of the Continuing Appropriations,
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026 (Public Law 119-37), <<NOTE: 139 Stat.
632.>> is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) $4,400,000 for the period beginning on January
31, 2026, and ending on December 31, 2026, to remain
available until expended.''.
SEC. 6208. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``January 31, 2026'' and inserting
``January 1, 2027''.
SEC. 6209. EXTENSION OF CERTAIN TELEHEALTH FLEXIBILITIES.
(a) Removing Geographic Requirements and Expanding Originating Sites
for Telehealth Services.--Section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii), by striking ``ending January
30, 2026'' and inserting ``ending December 31, 2027''; and
(2) in paragraph (4)(C)(iii), by striking ``ending on
January 30, 2026'' and inserting ``ending on December 31,
2027''.
(b) Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``ending on January 30, 2026''
and inserting ``ending on December 31, 2027''.
(c) Extending Telehealth Services for Federally Qualified Health
Centers and Rural Health Clinics.--Section 1834(m)(8)(A) of the Social
Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking ``ending
on January 30, 2026'' and inserting ``ending on December 31, 2027''.
(d) Delaying the In-person Requirements Under Medicare for Mental
Health Services Furnished Through Telehealth and Telecommunications
Technology.--
(1) Delay in requirements for mental health services
furnished through telehealth.--Section 1834(m)(7)(B)(i) of the
Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended, in
the matter preceding subclause (I), by striking
[[Page 140 STAT. 649]]
``on or after January 31, 2026'' and inserting ``on or after
January 1, 2028''.
(2) Mental health visits furnished by rural health
clinics.--Section 1834(y)(2) of the Social Security Act (42
U.S.C. 1395m(y)(2)) is amended by striking ``January 31, 2026''
and inserting ``January 1, 2028''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4)(B) of the Social Security
Act (42 U.S.C. 1395m(o)(4)(B)) is amended by striking ``January
31, 2026'' and inserting ``January 1, 2028''.
(e) Allowing for the Furnishing of Audio-only Telehealth Services.--
Section 1834(m)(9) of the Social Security Act (42 U.S.C. 1395m(m)(9)) is
amended by striking ``ending on January 30, 2026'' and inserting
``ending on December 31, 2027''.
(f) Extending Use of Telehealth to Conduct Face-to-face Encounter
Prior to Recertification of Eligibility for Hospice Care.--
(1) In general.--Section 1814(a)(7)(D)(i)(II) of the Social
Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended--
(A) by striking ``ending on January 30, 2026'' and
inserting ``ending on December 31, 2027''; and
(B) by inserting ``, except that this subclause
shall not apply in the case of such an encounter with an
individual occurring on or after January 31, 2026, if
such individual is located in an area that is subject to
a moratorium on the enrollment of hospice programs under
this title pursuant to section 1866(j)(7), if such
individual is receiving hospice care from a provider
that is subject to enhanced oversight under this title
pursuant to section 1866(j)(3), or if such encounter is
performed by a hospice physician or nurse practitioner
who is not enrolled under section 1866(j) and is not an
opt-out physician or practitioner (as defined in section
1802(b)(6)(D))'' before the semicolon.
(2) Requiring use of modifier.--Section 1814(a)(7)(D)(i)(II)
of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)), as
amended by paragraph (1), is further amended by inserting ``,
but only if, in the case of such an encounter occurring on or
after January 1, 2027, any hospice claim includes 1 or more
modifiers or codes (as specified by the Secretary) to indicate
that such encounter was conducted via telehealth'' after ``as
determined appropriate by the Secretary''.
(g) Requiring Modifiers for Telehealth Services in Certain
Instances.--Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)) is amended by adding at the end the following new paragraph:
``(10) <<NOTE: Deadline.>> Required use of modifiers in
certain instances.--Not later than January 1, 2027, the
Secretary shall establish requirements to include one or more
codes or modifiers, as determined appropriate by the Secretary,
in the case of--
``(A) claims for telehealth services under this
subsection that are furnished through a telehealth
virtual platform--
``(i) by a physician or practitioner that
contracts with an entity that owns such virtual
platform; or
[[Page 140 STAT. 650]]
``(ii) for which a physician or practitioner
has a payment arrangement with an entity for use
of such virtual platform; and
``(B) claims for telehealth services under this
subsection that are furnished incident to a physician's
or practitioner's professional service.''.
(h) <<NOTE: 42 USC 1395m note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendments made by this section by program instruction
or otherwise.
SEC. 6210. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVER
FLEXIBILITIES.
(a) In General.--Section 1866G(a)(1) of the Social Security Act (42
U.S.C. 1395cc-7(a)(1)) is amended by striking ``January 30, 2026'' and
inserting ``September 30, 2030''.
(b) Requiring Additional Study and Report.--Section 1866G of the
Social Security Act (42 U.S.C. 1395cc-7) is amended--
(1) in subsection (a)(3)(E)--
(A) in clause (ii), by striking ``the study
described in subsection (b)'' and inserting ``the
studies described in subsections (b) and (c)''; and
(B) by adding at the end the following new flush
sentence:
``The Secretary may require that such data and
information be submitted through a hospital's cost
report, through such survey instruments as the Secretary
may develop, through medical record information, or
through such other means as the Secretary determines
appropriate.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Study''
and inserting ``Initial Study''; and
(B) in paragraph (3), by striking ``subsection'' and
inserting ``section'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Subsequent Study and Report.--
``(1) In general.--Not later than September 30, 2029, the
Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the
criteria established by hospitals under the Acute
Hospital Care at Home initiative to determine which
individuals may be furnished services under such
initiative; and
``(B) analyze and compare (both within and between
hospitals participating in the initiative, and relative
to comparable hospitals that do not participate in the
initiative, for relevant parameters such as diagnosis-
related groups)--
``(i) quality of care furnished to individuals
with similar conditions and characteristics in the
inpatient setting and through the Acute Hospital
Care at Home initiative, including health
outcomes, hospital readmission rates (including
readmissions both within and beyond 30 days post-
discharge), hospital mortality rates, length of
stay, infection rates, composition of
[[Page 140 STAT. 651]]
care team (including the types of labor used, such
as contracted labor), the ratio of nursing staff,
transfers from the hospital to the home, transfers
from the home to the hospital (including the
timing, frequency, and causes of such transfers),
transfers and discharges to post-acute care
settings (including the timing, frequency, and
causes of such transfers and discharges), and
patient and caregiver experience of care;
``(ii) clinical conditions treated and
diagnosis-related groups of discharges from
inpatient settings relative to discharges from the
Acute Hospital Care at Home initiative;
``(iii) costs incurred by the hospital for
furnishing care in inpatient settings relative to
costs incurred by the hospital for furnishing care
through the Acute Hospital Care at Home
initiative, including costs relating to staffing,
equipment, food, prescriptions, and other
services, as determined by the Secretary;
``(iv) the quantity, mix, and intensity of
services (such as in-person visits and virtual
contacts with patients and the intensity of such
services) furnished in inpatient settings relative
to the Acute Hospital Care at Home initiative,
and, to the extent practicable, the nature and
extent of family or caregiver involvement;
``(v) socioeconomic information on individuals
treated in comparable inpatient settings relative
to the initiative, including racial and ethnic
data, income, housing, geographic proximity to the
brick-and-mortar facility and whether such
individuals are dually eligible for benefits under
this title and title XIX; and
``(vi) the quality of care, outcomes, costs,
quantity and intensity of services, and other
relevant metrics between individuals who entered
into the Acute Hospital Care at Home initiative
directly from an emergency department compared
with individuals who entered into the Acute
Hospital Care at Home initiative directly from an
existing inpatient stay in a hospital.
``(2) Selection bias.--In conducting the study under
paragraph (1), the Secretary shall, to the extent practicable,
analyze and compare individuals who participate and do not
participate in the initiative controlling for selection bias or
other factors that may impact the reliability of data.
``(3) Report.--Not later than September 30, 2029, the
Secretary of Health and Human Services shall--
``(A) submit to the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate a report on the study conducted
under paragraph (1); and
``(B) <<NOTE: Public information. Web
posting.>> make such report publicly available on a
website of the Centers for Medicare & Medicaid Services.
``(4) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2026, out of
any amounts in the Treasury not otherwise appropriated,
$2,500,000, to remain available until expended, for purposes of
carrying out this section.''; and
[[Page 140 STAT. 652]]
(5) in subsection (e), as redesignated by paragraph (3), by
striking ``and (b)(1)'' and inserting ``, (b)(1), and (c)(1)''.
SEC. 6211. IN-HOME CARDIOPULMONARY REHABILITATION FLEXIBILITY.
(a) In General.--Section 1861(eee)(2)(A)(ii) of the Social Security
Act (42 U.S.C. 1395x(eee)(2)(A)(ii)) is amended by inserting
``(including, with respect to items and services furnished through audio
and video real-time communications technology (excluding audio-only) on
or after January 31, 2026, and before January 1, 2028, in the home of an
individual who is an outpatient of the hospital)'' after ``outpatient
basis''.
(b) <<NOTE: 42 USC 1395x note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendment made by subsection (a) by program
instruction or otherwise.
SEC. 6212. ENHANCING CERTAIN PROGRAM INTEGRITY REQUIREMENTS FOR
DME UNDER MEDICARE.
(a) Durable Medical Equipment.--
(1) In general.--Section 1834(a) of the Social Security Act
(42 U.S.C. 1395m(a)) is amended by adding at the end the
following new paragraph:
``(23) Master list inclusion and claim review for certain
items.--
``(A) <<NOTE: Effective date. Determination. Time
period.>> Master list inclusion.--Beginning January 1,
2029, for purposes of the Master List described in
section 414.234(b) of title 42, Code of Federal
Regulations (or any successor regulation), in
determining which items have aberrant billing patterns
(as such term is used for purposes of such section), the
Secretary shall also treat an item for which payment may
be made under this subsection as having such an aberrant
billing pattern if the Secretary determines that,
without explanatory contributing factors (such as
furnishing emergent care services), a substantial number
of claims for such items under this subsection are for
such items ordered by a physician or practitioner who
has not previously (during a period of not less than 24
months, as established by the Secretary) furnished to
the individual involved any item or service for which
payment may be made under this title.
``(B) Claim review.--With respect to items furnished
on or after January 1, 2029, that are included on the
Master List pursuant to subparagraph (A), if such an
item is not subject to a determination of coverage in
advance pursuant to paragraph (15)(C), the Secretary may
conduct prepayment review of claims for payment for such
item.''.
(2) Conforming amendment for prosthetic devices, orthotics,
and prosthetics.--Section 1834(h)(3) of the Social Security Act
(42 U.S.C. 1395m(h)(3)) is amended by inserting ``, and
paragraph (23) of subsection (a) shall apply to prosthetic
devices, orthotics, and prosthetics in the same manner as such
provision applies to items for which payment may be made under
such subsection'' before the period at the end.
(b) Report on Identifying Clinical Diagnostic Laboratory Tests at
High Risk for Fraud and Effective Mitigation Measures.--Not later than
January 1, 2028, the Inspector General of the Department of Health and
Human Services shall submit to
[[Page 140 STAT. 653]]
Congress a report assessing fraud risks relating to clinical diagnostic
laboratory tests for which payment may be made under section 1834A of
the Social Security Act (42 U.S.C. 1395m-1) and effective tools for
reducing such fraudulent claims. The report may include, at the
Inspector General's discretion--
(1) which, if any, clinical diagnostic laboratory tests are
identified as being at high risk of fraudulent claims, and an
analysis of the factors that contribute to such risk;
(2) with respect to a clinical diagnostic laboratory test
identified under paragraph (1) as being at high risk of
fraudulent claims--
(A) the amount payable under such section 1834A with
respect to such test;
(B) the number of such tests furnished to
individuals enrolled under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395j et seq.);
(C) whether an order for such a test was more likely
to come from a provider with whom the individual
involved did not have a prior relationship, as
determined on the basis of prior payment experience; and
(D) the frequency with which a claim for payment
under such section 1834A included the payment modifier
identified by code 59 or 91; and
(3) suggested strategies for reducing the number of
fraudulent claims made with respect to tests so identified as
being at high risk, including--
(A) <<NOTE: Analysis.>> an analysis of whether the
Centers for Medicare & Medicaid Services can detect
aberrant billing patterns with respect to such tests in
a timely manner;
(B) any strategies for identifying and monitoring
the providers who are outliers with respect to the
number of such tests that such providers order; and
(C) targeted education efforts to mitigate improper
billing for such tests; and
(4) such other information as the Inspector General
determines appropriate.
(c) Funding.--In addition to amounts otherwise available, there is
appropriated to the Inspector General of the Department of Health and
Human Services, out of any money in the Treasury not otherwise
appropriated, $1,200,000 for fiscal year 2026, to remain available until
expended, to carry out this section.
SEC. 6213. <<NOTE: 42 USC 254c-14 note.>> GUIDANCE ON FURNISHING
SERVICES VIA TELEHEALTH TO INDIVIDUALS
WITH LIMITED ENGLISH PROFICIENCY.
(a) <<NOTE: Deadline. Update.>> In General.--Not later than 1 year
after the date of enactment of this section, the Secretary of Health and
Human Services, in consultation with 1 or more entities from each of the
categories described in paragraphs (1) through (7) of subsection (b),
shall issue and disseminate, or update and revise as applicable,
guidance for the entities described in such subsection on the following:
(1) Best practices on facilitating and integrating use of
interpreters during a telemedicine appointment.
(2) Best practices on providing accessible instructions on
how to access telecommunications systems (as such term is used
for purposes of section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) for individuals with limited English
proficiency.
[[Page 140 STAT. 654]]
(3) Best practices on improving access to digital patient
portals for individuals with limited English proficiency.
(4) Best practices on integrating the use of video platforms
that enable multi-person video calls furnished via a
telecommunications system for purposes of providing
interpretation during a telemedicine appointment for an
individual with limited English proficiency.
(5) Best practices for providing patient materials,
communications, and instructions in multiple languages,
including text message appointment reminders and prescription
information.
(b) Entities Described.--For purposes of subsection (a), an entity
described in this subsection is an entity in 1 or more of the following
categories:
(1) Health information technology service providers,
including--
(A) electronic medical record companies;
(B) remote patient monitoring companies; and
(C) telehealth or mobile health vendors and
companies.
(2) Health care providers, including--
(A) physicians; and
(B) hospitals.
(3) Health insurers.
(4) Language service companies.
(5) Interpreter or translator professional associations.
(6) Health and language services quality certification
organizations.
(7) Patient and consumer advocates, including such advocates
that work with individuals with limited English proficiency.
SEC. 6214. <<NOTE: 42 USC 1395m note.>> INCLUSION OF VIRTUAL
DIABETES PREVENTION PROGRAM SUPPLIERS IN
MDPP EXPANDED MODEL.
(a) <<NOTE: Time period.>> In General.--For the period beginning on
January 1, 2026, and ending on December 31, 2029--
(1) an entity may participate in the MDPP by offering only
MDPP services via distance learning or online delivery
modalities if such entity meets the conditions for enrollment as
an MDPP supplier;
(2) if an entity participates in the MDPP in the manner
described in paragraph (1), in the case of online MDPP services
furnished by such entity to an MDPP beneficiary who was not
located in the same State as the entity at the time such
services were furnished, the entity shall not be prohibited from
submitting a claim for payment for such services solely by
reason of the location of such beneficiary at such time; and
(3) no limit is applied on the number of times an individual
may enroll in the MDPP.
(b) Definitions.--In this section:
(1) MDPP.--The term ``MDPP'' means the Medicare Diabetes
Prevention Program (as such term is defined in section 410.79(b)
of title 42, Code of Federal Regulations).
(2) Regulatory terms.--The terms ``distance learning'',
``MDPP beneficiary'', ``MDPP services'', ``MDPP supplier'', and
``online'' have the meanings given such terms in section
410.79(b) of title 42, Code of Federal Regulations.
[[Page 140 STAT. 655]]
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(c) Implementation.--Notwithstanding any other provision of law, the
Secretary may implement this section by program instruction or
otherwise.
SEC. 6215. <<NOTE: Deadline. 42 USC 1395l note.>> MEDICATION-
INDUCED MOVEMENT DISORDER OUTREACH AND
EDUCATION.
Not later than January 1, 2028, the Secretary of Health and Human
Services shall use existing communications mechanisms to provide
education and outreach to physicians and appropriate non-physician
practitioners participating under the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) with respect to
periodic screening for medication-induced movement disorders that are
associated with the treatment of mental health disorders in at-risk
patients, as well as resources related to clinical guidelines and best
practices for furnishing such screening services through telehealth.
Such education and outreach shall include information on how to account
for such screening services in evaluation and management code selection.
The Secretary shall, to the extent practicable, seek input from relevant
stakeholders to inform such education and outreach. Such education and
outreach may also address other relevant screening services furnished
through telehealth, as the Secretary determines appropriate.
SEC. 6216. REPORT ON WEARABLE MEDICAL DEVICES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
technology assessment of, and submit to Congress a report on, the
capabilities and limitations of wearable medical devices used to support
clinical decision-making. Such report shall include a description of--
(1) the potential for such devices to accurately prescribe
treatments;
(2) an examination of the benefits and challenges of
artificial intelligence to augment such capabilities; and
(3) policy options to enhance the benefits and mitigate
potential challenges of developing or using such devices.
SEC. 6217. EXTENSION OF TEMPORARY INCLUSION OF AUTHORIZED ORAL
ANTIVIRAL DRUGS AS COVERED PART D DRUGS.
Section 1860D-2(e)(1)(C) of the Social Security Act (42 U.S.C.
1395w-102(e)(1)(C)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
SEC. 6218. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP
AMOUNT UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2033'' and inserting
``2035''; and
(2) in clause (iii), by striking ``2033'' and inserting
``2035''.
SEC. 6219. ADJUSTMENTS TO MEDICARE PART D COST-SHARING REDUCTIONS
FOR LOW-INCOME INDIVIDUALS.
Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-
114(a)) is amended--
[[Page 140 STAT. 656]]
(1) in paragraph (1)(D)(ii), by striking ``that does not
exceed $1 for'' and all that follows through the period at the
end and inserting "that does not exceed-- ``
``(I) for a plan year before 2028--
``(aa) for a generic drug or
a preferred drug that is a
multiple source drug (as defined
in section 1927(k)(7)(A)(i)), $1
or, if less, the copayment
amount applicable to an
individual under clause (iii);
and
``(bb) for any other drug,
$3 or, if less, the copayment
amount applicable to an
individual under clause (iii);
and
``(II) for plan year 2028 and each
subsequent plan year--
``(aa) for a generic drug,
$0;
``(bb) for a preferred drug
that is a multiple source drug
(as defined in section
1927(k)(7)(A)(i)), the dollar
amount applied under this clause
for such a drug for the
preceding plan year, increased
by the annual percentage
increase in the consumer price
index (all items; U.S. city
average) as of September of such
preceding year, or, if less, the
copayment amount applicable to
an individual under clause
(iii); and
``(cc) for a drug not
described in either item (aa) or
(bb), the dollar amount applied
under this clause for such a
drug for the preceding plan
year, increased in the manner
specified in item (bb), or, if
less, the copayment amount
applicable to an individual
under clause (iii).
Any amount established under item (bb) or (cc) of
subclause (II), that is based on an increase of $1
or $3, that is not a multiple of 5 cents or 10
cents, respectively, shall be rounded to the
nearest multiple of 5 cents or 10 cents,
respectively.''; and
(2) in paragraph (4)(A)(ii), by inserting ``(before 2028)''
after ``a subsequent year''.
SEC. 6220. REQUIRING ENHANCED AND ACCURATE LISTS OF (REAL) HEALTH
PROVIDERS ACT.
(a) In General.--Section 1852(c) of the Social Security Act (42
U.S.C. 1395w-22(c)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``plan, and any'' and inserting
``plan, any''; and
(B) by inserting the following before the period:
``, and, in the case of a specified MA plan (as defined
in paragraph (3)(C)), for plan year 2028 and subsequent
plan years, the information described in paragraph
(3)(B)''; and
(2) by adding at the end the following new paragraph:
``(3) Provider directory accuracy.--
``(A) <<NOTE: Time periods.>> In general.--For plan
year 2028 and subsequent plan years, each MA
organization offering a specified MA plan (as defined in
subparagraph (C)) shall, for each such plan offered by
the organization--
[[Page 140 STAT. 657]]
``(i) <<NOTE: Public
information. Website.>> maintain, on a publicly
available internet website, an accurate provider
directory that includes the information described
in subparagraph (B);
``(ii) <<NOTE: Update.>> not less frequently
than once every 90 days (or, in the case of a
hospital or any other facility determined
appropriate by the Secretary, at a lesser
frequency specified by the Secretary but in no
case less frequently than once every 12 months),
verify the provider directory information of each
provider listed in such directory and, if
applicable, update such information;
``(iii) if the organization is unable to
verify such information with respect to a
provider, include in such directory an indication
that the information of such provider may not be
up to date; and
``(iv) <<NOTE: Determination.>> remove a
provider from such directory within 5 business
days if the organization determines that the
provider is no longer a provider participating in
the network of such plan.
``(B) Provider directory information.--The
information described in this subparagraph is
information enrollees may need to access covered
benefits from a provider with which such organization
offering such plan has an agreement for furnishing items
and services covered under such plan, such as name,
specialty, contact information, primary office or
facility addresses where items or services are
furnished, whether the provider is accepting new
patients, accommodations for people with disabilities,
cultural and linguistic capabilities, and telehealth
capabilities.
``(C) <<NOTE: Definition.>> Specified ma plan.--In
this paragraph, the term `specified MA plan' means--
``(i) a network-based plan (as defined in
subsection (d)(5)(C)); or
``(ii) a Medicare Advantage private fee-for-
service plan (as defined in section 1859(b)(2))
that meets the access standards under subsection
(d)(4), in whole or in part, through entering into
contracts or agreements as provided for under
subparagraph (B) of such subsection.''.
(b) Accountability for Provider Directory Accuracy.--
(1) Cost sharing for services furnished based on reliance on
incorrect provider directory information.--Section 1852(d) of
the Social Security Act (42 U.S.C. 1395w-22(d)) is amended--
(A) in paragraph (1)(C)--
(i) in clause (ii), by striking ``or'' at the
end;
(ii) in clause (iii), by striking the
semicolon at the end and inserting ``, or''; and
(iii) by adding at the end the following new
clause:
``(iv) for plan year 2028 and subsequent plan
years, in the case of a specified MA plan (as
defined in subsection (c)(3)(C)), the services
were furnished by a provider that was not
participating in the network of such plan but was
listed in the provider directory of such plan on
the date on which the appointment was made, as
described in paragraph (7)(A);''; and
(B) by adding at the end the following new
paragraph:
[[Page 140 STAT. 658]]
``(7) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--
``(A) In general.--For plan year 2028 and subsequent
plan years, if an enrollee in a specified MA plan (as
defined in subsection (c)(3)(C)) is furnished an item or
service by a provider that is not participating in the
network of such plan but is listed in the provider
directory of such plan (as required to be provided to an
enrollee pursuant to subsection (c)(1)(C)) on the date
on which the appointment is made, and if such item or
service would otherwise be covered under such plan if
furnished by a provider that is participating in the
network of such plan, the MA organization offering such
plan shall ensure that the enrollee is only responsible
for the lesser of--
``(i) the amount of cost sharing that would
apply if such provider had been participating in
the network of such plan; or
``(ii) the amount of cost sharing that would
otherwise apply (without regard to this
subparagraph).
``(B) Notification requirement.--For plan year 2028
and subsequent plan years, each MA organization that
offers a specified MA plan shall--
``(i) notify enrollees of their cost-sharing
protections under this paragraph and make such
notifications, to the extent practicable, by not
later than the first day of an annual, coordinated
election period under section 1851(e)(3) with
respect to a year;
``(ii) include information regarding such
cost-sharing protections in the provider directory
of each specified MA plan offered by the MA
organization.; and
``(iii) notify enrollees of their cost-sharing
protections under this paragraph in the first
explanation of benefits issued in a plan year.''.
(2) Required provider directory accuracy analysis and
reports.--
(A) In general.--Section 1857(e) of the Social
Security Act (42 U.S.C. 1395w-27(e)) is amended by
adding at the end the following new paragraph:
``(6) Provider directory accuracy analysis and reports.--
``(A) <<NOTE: Effective date. Contracts.>> In
general.--Beginning with plan years beginning on or
after January 1, 2028, subject to subparagraph (C), a
contract under this section with an MA organization
shall require the organization, for each specified MA
plan (as defined in section 1852(c)(3)(C)) offered by
the organization, to annually do the following:
``(i) Conduct an analysis estimating the
accuracy of the provider directory information of
such plan using a random sample of providers
included in such provider directory as follows:
``(I) <<NOTE: Determination.>> Such
a random sample shall include a random
sample of each specialty of providers
with a high inaccuracy rate of provider
directory information relative to other
specialties of providers, as determined
by the Secretary.
[[Page 140 STAT. 659]]
``(II) For purposes of subclause
(I), one type of specialty may be
providers specializing in mental health
or substance use disorder treatment.
``(ii) Submit to the Secretary a report
containing the results of the analysis conducted
under clause (i), including an accuracy score for
such provider directory information (as determined
using a plan verification method specified by the
Secretary under subparagraph (B)(i)).
``(B) Determination of accuracy score.--
``(i) In general.--The Secretary shall specify
plan verification methods, such as using
telephonic verification or other approaches using
data sources maintained by an MA organization or
using publicly available data sets, that MA
organizations may use for estimating accuracy
scores of the provider directory information of
specified MA plans offered by such organizations.
``(ii) Accuracy score methodology.--With
respect to each such method specified by the
Secretary as described in clause (i), the
Secretary shall specify a methodology for MA
organizations to use in estimating such accuracy
scores. Each such methodology shall take into
account the administrative burden on plans and
providers and the relative importance of certain
provider directory information on enrollee ability
to access care.
``(C) <<NOTE: Waiver authority.>> Exception.--The
Secretary may waive the requirements of this paragraph
in the case of a specified MA plan with low enrollment
(as defined by the Secretary).
``(D) <<NOTE: Effective date. Web
posting.>> Transparency.--Beginning with plan years
beginning on or after January 1, 2029, the Secretary
shall post accuracy scores (as reported under
subparagraph (A)(ii)), in a machine readable file, on an
internet website maintained by the Centers for Medicare
& Medicaid Services.''.
(B) Provision of information to beneficiaries.--
Section 1851(d)(4) of the Social Security Act (42 U.S.C.
1395w-21(d)(4)) is amended by adding at the end the
following new subparagraph:
``(F) <<NOTE: Effective date.>> Provider
directory.--Beginning with plan years beginning on or
after January 1, 2029, in the case of a specified MA
plan (as defined in section 1852(c)(3)(C)), the accuracy
score of the plan's provider directory (as reported
under section 1857(e)(6)(A)(ii)) listed prominently on
the plan's provider directory.''.
(C) Funding.--In addition to amounts otherwise
available, there is appropriated to the Centers for
Medicare & Medicaid Services Program Management Account,
out of any money in the Treasury not otherwise
appropriated, $4,000,000 for fiscal year 2026, to remain
available until expended, to carry out the amendments
made by this paragraph.
(3) GAO study and report.--
(A) Analysis.--The Comptroller General of the United
States (in this paragraph referred to as the
``Comptroller General'') shall conduct a study of the
implementation of the amendments made by paragraphs (1)
and (2). To the
[[Page 140 STAT. 660]]
extent data are available and reliable, such study shall
include an analysis of--
(i) the use of cost-sharing protections
required under section 1852(d)(7)(A) of the Social
Security Act, as added by paragraph (1);
(ii) the trends in provider directory
information accuracy scores submitted to the
Secretary of Health and Human Services under
section 1857(e)(6)(A)(ii) of the Social Security
Act (as added by paragraph (2)(A)), both overall
and among providers specializing in mental health
or substance use disorder treatment;
(iii) provider response rates by plan
verification methods;
(iv) administrative costs to providers and
Medicare Advantage organizations; and
(v) other items determined appropriate by the
Comptroller General.
(B) Report.--Not later than January 15, 2033, the
Comptroller General shall submit to Congress a report
containing the results of the study conducted under
subparagraph (A), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
(c) <<NOTE: Deadlines.>> Guidance on Maintaining Accurate Provider
Directories.--
(1) <<NOTE: Public information. 42 USC 1395w-22
note.>> Stakeholder meeting.--
(A) In general.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this subsection as
the ``Secretary'') shall hold a public meeting to
receive input on approaches for maintaining accurate
provider directories for Medicare Advantage plans under
part C of title XVIII of the Social Security Act (42
U.S.C. 1395w-21 et seq.), including input on approaches
for reducing administrative burden, such as data
standardization, and best practices to maintain accurate
provider directory information.
(B) Participants.--Participants of the meeting under
subparagraph (A) shall include representatives from the
Centers for Medicare & Medicaid Services and the
Assistant Secretary for Technology Policy and Office of
the National Coordinator for Health Information
Technology. Such meeting shall be open to the public. To
the extent practicable, the Secretary shall include
health care providers, companies that specialize in
relevant technologies, health insurers, and patient
advocates.
(2) Guidance to medicare advantage organizations.--Not later
than 18 months after the date of enactment of this Act, the
Secretary shall issue guidance to Medicare Advantage
organizations offering Medicare Advantage plans under part C of
title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
seq.) on maintaining accurate provider directories for such
plans, taking into consideration input received during the
stakeholder meeting under paragraph (1). Such guidance may
include the following, as determined appropriate by the
Secretary:
[[Page 140 STAT. 661]]
(A) Best practices for Medicare Advantage
organizations on how to work with providers to maintain
the accuracy of provider directories and reduce provider
and Medicare Advantage organization burden with respect
to maintaining the accuracy of provider directories.
(B) Information on data sets and data sources with
information that could be used by Medicare Advantage
organizations to maintain accurate provider directories.
(C) Approaches for utilizing data sources maintained
by Medicare Advantage organizations and publicly
available data sets to maintain accurate provider
directories.
(D) Information that may be useful to include in
provider directories for Medicare beneficiaries to use
in assessing plan networks when selecting a plan and
accessing providers participating in plan networks
during the plan year.
(3) <<NOTE: 42 USC 1395u note.>> Guidance to part b
providers.--Not later than 12 months after the date of enactment
of this Act, the Secretary shall issue guidance to providers of
services and suppliers who furnish items or services for which
benefits are available under part B of title XVIII of the Social
Security Act (42 U.S.C. 1395j et seq.) on when to update the
National Plan and Provider Enumeration System (or a successor
system) for information changes.
SEC. 6221. MEDICARE COVERAGE OF MULTI-CANCER EARLY DETECTION
SCREENING TESTS.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking the semicolon at the end of
subparagraph (JJ) and inserting ``; and''; and
(B) by adding at the end the following new
subparagraph:
``(KK) multi-cancer early detection screening tests (as
defined in subsection (nnn));''; and
(2) by adding at the end the following new subsection:
``(nnn) Multi-cancer Early Detection Screening Tests.--
``(1) <<NOTE: Definition.>> In general.--The term `multi-
cancer early detection screening test' means a test furnished to
an individual for the concurrent detection of multiple cancer
types across multiple organ sites on or after January 1, 2029,
that--
``(A) is cleared under section 510(k), classified
under section 513(f)(2), or approved under section 515
of the Federal Food, Drug, and Cosmetic Act;
``(B) is--
``(i) a genomic sequencing blood or blood
product test that includes the analysis of cell-
free nucleic acids; or
``(ii) <<NOTE: Determination.>> a test based
on samples of biological material that provide
results comparable to those obtained with a test
described in clause (i), as determined by the
Secretary; and
``(C) <<NOTE: Determination.>> the Secretary
determines is--
``(i) reasonable and necessary for the
prevention or early detection of an illness or
disability; and
[[Page 140 STAT. 662]]
``(ii) appropriate for individuals entitled to
benefits under part A or enrolled under part B.
``(2) NCD process.--In making determinations under paragraph
(1)(C) regarding the coverage of a new test, the Secretary shall
use the process for making national coverage determinations (as
defined in section 1869(f)(1)(B)) under this title.''.
(b) Payment and Standards for Multi-cancer Early Detection Screening
Tests.--
(1) In general.--Section 1834 of the Social Security Act (42
U.S.C. 1395m) is amended by adding at the end the following new
subsection:
``(aa) Payment and Standards for Multi-cancer Early Detection
Screening Tests.--
``(1) Payment amount.--The payment amount for a multi-cancer
early detection screening test (as defined in section 1861(nnn))
is--
``(A) with respect to such a test furnished before
January 1, 2031, equal to the payment amount in effect
on the date of the enactment of this subsection for a
multi-target stool screening DNA test covered pursuant
to section 1861(pp)(1)(D); and
``(B) with respect to such a test furnished on or
after January 1, 2031, equal to the lesser of--
``(i) the amount described in subparagraph
(A); or
``(ii) the payment amount determined for such
test under section 1834A.
``(2) <<NOTE: Time periods.>> Limitations.--
``(A) In general.--No payment may be made under this
part for a multi-cancer early detection screening test
furnished during a year to an individual if--
``(i) such individual--
``(I) is under 50 years of age; or
``(II) as of January 1 of such year,
has attained the age specified in
subparagraph (B) for such year; or
``(ii) such a test was furnished to the
individual during the previous 11 months.
``(B) Age specified.--For purposes of subparagraph
(A)(i)(II), the age specified in this subparagraph is--
``(i) for 2029, 65 years of age; and
``(ii) for a succeeding year, the age
specified in this subparagraph for the preceding
year, increased by 1 year.
``(C) Standards following uspstf rating of a or b.--
In the case of a multi-cancer early detection screening
test that is recommended with a grade of A or B by the
United States Preventive Services Task Force, beginning
on the date on which coverage for such test is provided
pursuant to section 1861(ddd)(1), the preceding
provisions of this paragraph shall not apply.''.
(2) Conforming amendments.--
(A) Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended--
(i) in subsection (a)--
[[Page 140 STAT. 663]]
(I) in paragraph (1)(D)(i)(I), by
striking ``section 1834(d)(1)'' and
inserting ``subsection (d)(1) or (aa) of
section 1834''; and
(II) in paragraph (2)(D)(i)(I), by
striking ``section 1834(d)(1)'' and
inserting ``subsection (d)(1) or (aa) of
section 1834''; and
(ii) in subsection (h)(1)(A), by striking
``section 1834(d)(1)'' and inserting ``subsections
(d)(1) and (aa) of section 1834''.
(B) Section 1862(a)(1)(A) of the Social Security Act
(42 U.S.C. 1395y(a)(1)(A)) is amended--
(i) by striking ``or additional preventive
services'' and inserting ``, additional preventive
services''; and
(ii) by inserting ``, or multi-cancer early
detection screening tests (as defined in section
1861(nnn))'' after ``(as described in section
1861(ddd)(1))''.
(c) <<NOTE: 42 USC 1395m note.>> Rule of Construction Relating to
Other Cancer Screening Tests.--Nothing in this section, including the
amendments made by this section, shall be construed--
(1) in the case of an individual who undergoes a multi-
cancer early detection screening test, to affect coverage under
part B of title XVIII of the Social Security Act for other
cancer screening tests covered under such title, such as
screening tests for breast, cervical, colorectal, lung, or
prostate cancer; or
(2) in the case of an individual who undergoes another
cancer screening test, to affect coverage under such part for a
multi-cancer early detection screening test or the use of such a
test as a diagnostic or confirmatory test for a result of the
other cancer screening test.
(d) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account, out of any money in the Treasury not otherwise
appropriated, $2,000,000 for fiscal year 2026, to remain available until
expended, to carry out this section.
SEC. 6222. MEDICARE COVERAGE OF EXTERNAL INFUSION PUMPS AND NON-
SELF-ADMINISTRABLE HOME INFUSION DRUGS.
(a) In General.--Section 1861(n) of the Social Security Act (42
U.S.C. 1395x(n)) is amended by adding at the end the following new
sentence: `` <<NOTE: Effective date. Time period.>> Beginning with the
first calendar quarter beginning on or after the date that is 1 year
after the date of the enactment of this sentence, an external infusion
pump and associated home infusion drug (as defined in subsection
(iii)(3)(C)) or other associated supplies that do not meet the
appropriate for use in the home requirement applied to the definition of
durable medical equipment under section 414.202 of title 42, Code of
Federal Regulations (or any successor to such regulation) shall be
treated as meeting such requirement if each of the following criteria is
satisfied:
``(1) The prescribing information approved by the Food and
Drug Administration for the home infusion drug associated with
the pump instructs that the drug should be administered by or
under the supervision of a health care professional.
``(2) A qualified home infusion therapy supplier (as defined
in subsection (iii)(3)(D)) administers or supervises the
administration of the drug or biological in a safe and effective
manner in the patient's home (as defined in subsection
(iii)(3)(B)).
[[Page 140 STAT. 664]]
``(3) The prescribing information described in paragraph (1)
instructs that the drug should be infused at least 12 times per
year--
``(A) intravenously or subcutaneously; or
``(B) <<NOTE: Determination.>> at infusion rates
that the Secretary determines would require the use of
an external infusion pump.''.
(b) <<NOTE: 42 USC 1395x note.>> Cost Sharing Notification.--The
Secretary of Health and Human Services shall ensure that patients are
notified of the cost sharing for electing home infusion therapy compared
to other applicable settings of care for the furnishing of infusion
drugs under the Medicare program.
SEC. 6223. ASSURING PHARMACY ACCESS AND CHOICE FOR MEDICARE
BENEFICIARIES.
(a) In General.--Section 1860D-4(b)(1) of the Social Security Act
(42 U.S.C. 1395w-104(b)(1)) is amended by striking subparagraph (A) and
inserting the following:
``(A) <<NOTE: Deadlines.>> In general.--
``(i) Participation of any willing pharmacy.--
A PDP sponsor offering a prescription drug plan
shall permit any pharmacy that meets the standard
contract terms and conditions under such plan to
participate as a network pharmacy of such plan.
``(ii) Contract terms and conditions.--
``(I) In general.--Notwithstanding
any other provision of law, for plan
years beginning on or after January 1,
2029, in accordance with clause (i),
contract terms and conditions offered by
such PDP sponsor shall be reasonable and
relevant according to standards
established by the Secretary under
subclause (II).
``(II) Standards.--Not later than
the first Monday in April of 2028, the
Secretary shall establish standards for
reasonable and relevant contract terms
and conditions for purposes of this
clause.
``(III) Request for information.--
Not later than April 1, 2027, for
purposes of establishing the standards
under subclause (II), the Secretary
shall issue a request for information to
seek input on trends in prescription
drug plan and network pharmacy contract
terms and conditions, current
prescription drug plan and network
pharmacy contracting practices, whether
pharmacy reimbursement and dispensing
fees paid by PDP sponsors to network
pharmacies sufficiently cover the
ingredient and operational costs of such
pharmacies, the use and application of
pharmacy quality measures by PDP
sponsors for network pharmacies, PDP
sponsor restrictions or limitations on
the dispensing of covered part D drugs
by network pharmacies (or any subsets of
such pharmacies), PDP sponsor auditing
practices for network pharmacies, areas
in current regulations or program
guidance related to contracting between
prescription drug
[[Page 140 STAT. 665]]
plans and network pharmacies requiring
clarification or additional specificity,
factors for consideration in determining
the reasonableness and relevance of
contract terms and conditions between
prescription drug plans and network
pharmacies, and other issues as
determined appropriate by the
Secretary.''.
(b) Essential Retail Pharmacies.--Section 1860D-42 of the Social
Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the
following new subsection:
``(e) Essential Retail Pharmacies.--
``(1) <<NOTE: Effective date. Reports. Time
period. Termination date.>> In general.--With respect to plan
years beginning on or after January 1, 2028, the Secretary shall
publish reports, at least once every 2 years until 2034, and
periodically thereafter, that provide information, to the extent
feasible, on--
``(A) trends in ingredient cost reimbursement,
dispensing fees, incentive payments and other fees paid
by PDP sponsors offering prescription drug plans and MA
organizations offering MA-PD plans under this part to
essential retail pharmacies (as defined in paragraph
(2)) with respect to the dispensing of covered part D
drugs, including a comparison of such trends between
essential retail pharmacies and pharmacies that are not
essential retail pharmacies;
``(B) trends in amounts paid to PDP sponsors
offering prescription drug plans and MA organizations
offering MA-PD plans under this part by essential retail
pharmacies with respect to the dispensing of covered
part D drugs, including a comparison of such trends
between essential retail pharmacies and pharmacies that
are not essential retail pharmacies;
``(C) trends in essential retail pharmacy
participation in pharmacy networks and preferred
pharmacy networks for prescription drug plans offered by
PDP sponsors and MA-PD plans offered by MA organizations
under this part, including a comparison of such trends
between essential retail pharmacies and pharmacies that
are not essential retail pharmacies;
``(D) trends in the number of essential retail
pharmacies, including variation in such trends by
geographic region or other factors;
``(E) a comparison of cost-sharing for covered part
D drugs dispensed by essential retail pharmacies that
are network pharmacies for prescription drug plans
offered by PDP sponsors and MA-PD plans offered by MA
organizations under this part and cost-sharing for
covered part D drugs dispensed by other network
pharmacies for such plans located in similar geographic
areas that are not essential retail pharmacies;
``(F) a comparison of the volume of covered part D
drugs dispensed by essential retail pharmacies that are
network pharmacies for prescription drug plans offered
by PDP sponsors and MA-PD plans offered by MA
organizations under this part and such volume of
dispensing by network pharmacies for such plans located
in similar geographic areas that are not essential
retail pharmacies, including information on any patterns
or trends
[[Page 140 STAT. 666]]
in such comparison specific to certain types of covered
part D drugs, such as generic drugs or drugs specified
as specialty drugs by a PDP sponsor under a prescription
drug plan or an MA organization under an MA-PD plan; and
``(G) a comparison of the information described in
subparagraphs (A) through (F) between essential retail
pharmacies that are network pharmacies for prescription
drug plans offered by PDP sponsors under this part and
essential retail pharmacies that are network pharmacies
for MA-PD plans offered by MA organizations under this
part.
``(2) Definition of essential retail pharmacy.--In this
subsection, the term `essential retail pharmacy' means, with
respect to a plan year, a retail pharmacy that--
``(A) is not a pharmacy that is an affiliate as
defined in paragraph (4); and
``(B) is located in--
``(i) a rural area in which there is no other
retail pharmacy within 10 miles, as determined by
the Secretary;
``(ii) a suburban area in which there is no
other retail pharmacy within 2 miles, as
determined by the Secretary; or
``(iii) an urban area in which there is no
other retail pharmacy within 1 mile, as determined
by the Secretary.
``(3) List of essential retail pharmacies.--
``(A) <<NOTE: Effective date. Public
information. Web posting.>> Publication of list of
essential retail pharmacies.--For each plan year
(beginning with plan year 2028), the Secretary shall
publish, on a publicly available internet website of the
Centers for Medicare & Medicaid Services, a list of
retail pharmacies that meet the criteria described in
subparagraphs (A) and (B) of paragraph (2) to be
considered an essential retail pharmacy.
``(B) <<NOTE: Determination.>> Required submissions
from pdp sponsors.--For each plan year (beginning with
plan year 2028), each PDP sponsor offering a
prescription drug plan and each MA organization offering
an MA-PD plan shall submit to the Secretary, for the
purposes of determining retail pharmacies that meet the
criterion specified in subparagraph (A) of paragraph
(2), a list of retail pharmacies that are affiliates of
such sponsor or organization, or are affiliates of a
pharmacy benefit manager acting on behalf of such
sponsor or organization, at a time, and in a form and
manner, specified by the Secretary.
``(C) Reporting by pdp sponsors and ma
organizations.--For each plan year beginning with plan
year 2027, each PDP sponsor offering a prescription drug
plan and each MA organization offering an MA-PD plan
under this part shall submit to the Secretary
information on incentive payments and other fees paid by
such sponsor or organization to pharmacies, insofar as
any such payments or fees are not otherwise reported, at
a time, and in a form and manner, specified by the
Secretary.
``(D) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
[[Page 140 STAT. 667]]
``(E) Nonapplication of paperwork reduction act.--
Chapter 35 of title 44, United States Code, shall not
apply to the implementation of this paragraph.
``(4) Definition of affiliate; pharmacy benefit manager.--In
this subsection, the terms `affiliate' and `pharmacy benefit
manager' have the meaning given those terms in section 1860D-
12(h)(7).''.
(c) Enforcement.--
(1) In general.--Section 1860D-4(b)(1) of the Social
Security Act (42 U.S.C. 1395w-104(b)(1)) is amended by adding at
the end the following new subparagraph:
``(F) Enforcement of standards for reasonable and
relevant contract terms and conditions.--
``(i) Allegation submission process.--
``(I) <<NOTE: Deadline.>> In
general.--Not later than January 1,
2029, the Secretary shall establish a
process through which a pharmacy may
submit to the Secretary an allegation of
a violation by a PDP sponsor offering a
prescription drug plan of the standards
for reasonable and relevant contract
terms and conditions under subparagraph
(A)(ii), or of subclause (VIII) of this
clause.
``(II) Frequency of submission.--
``(aa) In general.--Except
as provided in item (bb), the
allegation submission process
under this clause shall allow
pharmacies to submit any
allegations of violations
described in subclause (I) not
more frequently than once per
plan year per contract between a
pharmacy and a PDP sponsor.
``(bb) Allegations relating
to contract modifications.--In
the case where a contract
between a pharmacy and a PDP
sponsor is modified following
the submission of allegations by
a pharmacy with respect to such
contract and plan year, the
allegation submission process
under this clause shall allow
such pharmacy to submit an
additional allegation related to
those modifications with respect
to such contract and plan year.
``(III) Access to relevant documents
and materials.--A PDP sponsor subject to
an allegation under this clause--
``(aa) shall provide
documents or materials, as
specified by the Secretary,
including contract offers made
by such sponsor to such pharmacy
or correspondence related to
such offers, to the Secretary at
a time, and in a form and
manner, specified by the
Secretary; and
``(bb) shall not prohibit or
otherwise limit the ability of a
pharmacy to submit such
documents or materials to the
Secretary for the purpose of
submitting an allegation or
providing evidence for such an
allegation under this clause.
[[Page 140 STAT. 668]]
``(IV) Standardized template.--The
Secretary shall establish a standardized
template for pharmacies to use for the
submission of allegations described in
subclause
(I). <<NOTE: Certification.>> Such
template shall require that the
submission include a certification by
the pharmacy that the information
included is accurate, complete, and true
to the best of the knowledge,
information, and belief of such
pharmacy.
``(V) Preventing frivolous
allegations.--In the case where the
Secretary determines that a pharmacy has
submitted frivolous allegations under
this clause on a routine basis, the
Secretary may temporarily prohibit such
pharmacy from using the allegation
submission process under this clause, as
determined appropriate by the Secretary.
``(VI) Exemption from freedom of
information act.--Allegations submitted
under this clause shall be exempt from
disclosure under section 552 of title 5,
United States Code.
``(VII) Rule of construction.--
Nothing in this clause shall be
construed as limiting the ability of a
pharmacy to pursue other legal actions
or remedies, consistent with applicable
Federal or State law, with respect to a
potential violation of a requirement
described in this subparagraph.
``(VIII) Anti-retaliation and anti-
coercion.--Consistent with applicable
Federal or State law, a PDP sponsor
shall not--
``(aa) retaliate against a
pharmacy for submitting any
allegations under this clause;
or
``(bb) coerce, intimidate,
threaten, or interfere with the
ability of a pharmacy to submit
any such allegations.
``(ii) Investigation.--The Secretary shall
investigate, as determined appropriate by the
Secretary, allegations submitted pursuant to
clause (i).
``(iii) Enforcement.--
``(I) <<NOTE: Determination.>> In
general.--In the case where the
Secretary determines that a PDP sponsor
offering a prescription drug plan has
violated the standards for reasonable
and relevant contract terms and
conditions under subparagraph (A)(ii) or
the provisions of clause (i)(VIII) of
this subparagraph, the Secretary may use
authorities under sections 1857(g) and
1860D-12(b)(3)(E) to impose civil
monetary penalties or other intermediate
sanctions.
``(II) Application of civil monetary
penalties.--The provisions of section
1128A (other than subsections (a) and
(b)) shall apply to a civil monetary
penalty under this clause in the same
manner as such provisions apply to a
penalty or proceeding under section
1128A(a).''.
[[Page 140 STAT. 669]]
(2) Conforming amendment.--Section 1857(g)(1) of the Social
Security Act (42 U.S.C. 1395w-27(g)(1)) is amended--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) by redesignating subparagraph (K) as
subparagraph (L);
(C) by inserting after subparagraph (J), the
following new subparagraph:
``(K) fails to comply with the standards for
reasonable and relevant contract terms and conditions
under subparagraph (A)(ii) of section 1860D-4(b)(1) or
violates the provisions of subparagraph (F)(i)(VIII) of
such section; or'';
(D) in subparagraph (L), as redesignated by
subparagraph (B), by striking ``through (J)'' and
inserting ``through (K)''; and
(E) in the flush matter following subparagraph (L),
as so redesignated, by striking ``subparagraphs (A)
through (K)'' and inserting ``subparagraphs (A) through
(L)''.
(d) Accountability of Pharmacy Benefit Managers for Violations of
Reasonable and Relevant Contract Terms and Conditions.--
(1) In general.--Section 1860D-12(b) of the Social Security
Act (42 U.S.C. 1395w-112) is amended by adding at the end the
following new paragraph:
``(9) Accountability of pharmacy benefit managers for
violations of reasonable and relevant contract terms and
conditions.-- <<NOTE: Effective date.>> For plan years beginning
on or after January 1, 2029, each contract entered into with a
PDP sponsor under this part with respect to a prescription drug
plan offered by such sponsor shall provide that any pharmacy
benefit manager acting on behalf of such sponsor has a written
agreement with the PDP sponsor under which the pharmacy benefit
manager agrees to reimburse the PDP sponsor for any amounts paid
by such sponsor under section 1860D-4(b)(1)(F)(iii)(I) to the
Secretary as a result of a violation described in such section
if such violation is related to a responsibility delegated to
the pharmacy benefit manager by such PDP sponsor.''.
(2) Ma-pd plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end
the following new subparagraph:
``(F) Accountability of pharmacy benefit managers
for violations of reasonable and relevant contract
terms.-- <<NOTE: Effective date.>> For plan years
beginning on or after January 1, 2029, section 1860D-
12(b)(9).''.
(e) Biennial Report on Enforcement and Oversight of Pharmacy Access
Requirements.--Section 1860D-42 of the Social Security Act (42 U.S.C.
1395w-152), as amended by subsection (b), is amended by adding at the
end the following new subsection:
``(f) Biennial Report on Enforcement and Oversight of Pharmacy
Access Requirements.--
``(1) <<NOTE: Time period.>> In general.--Not later than 2
years after the date of enactment of this subsection, and at
least once every 2 years thereafter, the Secretary shall publish
a report on enforcement and oversight actions and activities
undertaken by the Secretary with respect to the requirements
under section 1860D-4(b)(1).
[[Page 140 STAT. 670]]
``(2) Limitation.--A report under paragraph (1) shall not
disclose--
``(A) identifiable information about individuals or
entities unless such information is otherwise publicly
available; or
``(B) trade secrets with respect to any entities.''.
(f) Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account, out of any money in the Treasury not otherwise
appropriated, $188,000,000 for fiscal year 2026, to remain available
until expended, to carry out this section.
SEC. 6224. MODERNIZING AND ENSURING PBM ACCOUNTABILITY.
(a) In General.--
(1) Prescription drug plans.--Section 1860D-12 of the Social
Security Act (42 U.S.C. 1395w-112) is amended by adding at the
end the following new subsection:
``(h) Requirements Relating to Pharmacy Benefit Managers.--
<<NOTE: Effective date.>> For plan years beginning on or after January
1, 2028:
``(1) Agreements with pharmacy benefit managers.--Each
contract entered into with a PDP sponsor under this part with
respect to a prescription drug plan offered by such sponsor
shall provide that any pharmacy benefit manager acting on behalf
of such sponsor has a written agreement with the PDP sponsor
under which the pharmacy benefit manager, and any affiliates of
such pharmacy benefit manager, as applicable, agree to meet the
following requirements:
``(A) No income other than bona fide service fees.--
``(i) In general.--The pharmacy benefit
manager and any affiliate of such pharmacy benefit
manager shall not derive any remuneration with
respect to any services provided on behalf of any
entity or individual, in connection with the
utilization of covered part D drugs, from any such
entity or individual other than bona fide service
fees, subject to clauses (ii) and (iii).
``(ii) Incentive payments.--For the purposes
of this subsection, an incentive payment (as
determined by the Secretary) paid by a PDP sponsor
to a pharmacy benefit manager or an affiliate of a
pharmacy benefit manager that is performing
services on behalf of such sponsor shall be deemed
a `bona fide service fee' (even if such payment
does not otherwise meet the definition of such
term under paragraph (7)(B)) if such payment is a
flat dollar amount, is consistent with fair market
value (as specified by the Secretary), is related
to services actually performed by the pharmacy
benefit manager or affiliate of such pharmacy
benefit manager, on behalf of the PDP sponsor
making such payment, in connection with the
utilization of covered part D drugs, and meets
additional requirements, if any, as determined
appropriate by the Secretary.
``(iii) Clarification on rebates and discounts
used to lower costs for covered part d drugs.--
Rebates, discounts, and other price concessions
received by a pharmacy benefit manager or an
affiliate of a pharmacy benefit manager from
manufacturers,
[[Page 140 STAT. 671]]
even if such price concessions are calculated as a
percentage of a drug's price, shall not be
considered a violation of the requirements of
clause (i) if they are fully passed through to a
PDP sponsor and are compliant with all regulatory
and subregulatory requirements related to direct
and indirect remuneration for manufacturer
rebates, discounts, and other price concessions
under this part, including in cases where a PDP
sponsor is acting as a pharmacy benefit manager on
behalf of a prescription drug plan offered by such
PDP sponsor.
``(iv) Evaluation of remuneration
arrangements.-- <<NOTE: Reviews.>> Components of
subsets of remuneration arrangements (such as fees
or other forms of compensation paid to or retained
by the pharmacy benefit manager or affiliate of
such pharmacy benefit manager), as determined
appropriate by the Secretary, between pharmacy
benefit managers or affiliates of such pharmacy
benefit managers, as applicable, and other
entities involved in the dispensing or utilization
of covered part D drugs (including PDP sponsors,
manufacturers, pharmacies, and other entities as
determined appropriate by the Secretary) shall be
subject to review by the Secretary, in
consultation with the Office of the Inspector
General of the Department of Health and Human
Services, as determined appropriate by the
Secretary. The Secretary, in consultation with the
Office of the Inspector General, shall review
whether remuneration under such arrangements is
consistent with fair market value (as specified by
the Secretary) through reviews and assessments of
such remuneration, as determined appropriate.
``(v) Disgorgement.--The pharmacy benefit
manager shall disgorge any remuneration paid to
such pharmacy benefit manager or an affiliate of
such pharmacy benefit manager in violation of this
subparagraph to the PDP sponsor.
``(vi) Additional requirements.--The pharmacy
benefit manager shall--
``(I) enter into a written agreement
with any affiliate of such pharmacy
benefit manager, under which the
affiliate shall identify and disgorge
any remuneration described in clause (v)
to the pharmacy benefit manager; and
``(II) attest, subject to any
requirements determined appropriate by
the Secretary, that the pharmacy benefit
manager has entered into a written
agreement described in subclause (I)
with any affiliate of the pharmacy
benefit manager.
``(B) Transparency regarding guarantees and cost
performance evaluations.--The pharmacy benefit manager
shall--
``(i) define, interpret, and apply, in a fully
transparent and consistent manner for purposes of
calculating or otherwise evaluating pharmacy
benefit manager performance against pricing
guarantees or similar
[[Page 140 STAT. 672]]
cost performance measurements related to rebates,
discounts, price concessions, or net costs, terms
such as--
``(I) `generic drug', in a manner
consistent with the definition of the
term under section 423.4 of title 42,
Code of Federal Regulations, or a
successor regulation;
``(II) `brand name drug', in a
manner consistent with the definition of
the term under section 423.4 of title
42, Code of Federal Regulations, or a
successor regulation;
``(III) `specialty drug';
``(IV) `rebate'; and
``(V) `discount';
``(ii) identify any drugs, claims, or price
concessions excluded from any pricing guarantee or
other cost performance measure in a clear and
consistent manner; and
``(iii) where a pricing guarantee or other
cost performance measure is based on a pricing
benchmark other than the wholesale acquisition
cost (as defined in section 1847A(c)(6)(B)) of a
drug, calculate and provide a wholesale
acquisition cost-based equivalent to the pricing
guarantee or other cost performance measure.
``(C) Provision of information.--
``(i) <<NOTE: Effective date. Reports.>> In
general.--Not later than July 1 of each year,
beginning in 2028, the pharmacy benefit manager
shall submit to the PDP sponsor, and to the
Secretary, a report, in accordance with this
subparagraph, and shall make such report available
to such sponsor at no cost to such sponsor in a
format specified by the Secretary under paragraph
(5). Each such report shall include, with respect
to such PDP sponsor and each plan offered by such
sponsor, the following information with respect to
the previous plan year:
``(I) A list of all drugs covered by
the plan that were dispensed including,
with respect to each such drug--
``(aa) the brand name,
generic or non-proprietary name,
and National Drug Code;
``(bb) the number of plan
enrollees for whom the drug was
dispensed, the total number of
prescription claims for the drug
(including original
prescriptions and refills,
counted as separate claims), and
the total number of dosage units
of the drug dispensed;
``(cc) the number of
prescription claims described in
item (bb) by each type of
dispensing channel through which
the drug was dispensed,
including retail, mail order,
specialty pharmacy, long term
care pharmacy, home infusion
pharmacy, or other types of
pharmacies or dispensers;
``(dd) the average wholesale
acquisition cost, listed as cost
per day's supply, cost per
dosage unit, and cost per
typical course of treatment (as
applicable);
[[Page 140 STAT. 673]]
``(ee) the average wholesale
price for the drug, listed as
price per day's supply, price
per dosage unit, and price per
typical course of treatment (as
applicable);
``(ff) the total out-of-
pocket spending by plan
enrollees on such drug after
application of any benefits
under the plan, including plan
enrollee spending through
copayments, coinsurance, and
deductibles;
``(gg) total rebates paid by
the manufacturer on the drug as
reported under the Detailed DIR
Report (or any successor report)
submitted by such sponsor to the
Centers for Medicare & Medicaid
Services;
``(hh) all other direct or
indirect remuneration on the
drug as reported under the
Detailed DIR Report (or any
successor report) submitted by
such sponsor to the Centers for
Medicare & Medicaid Services;
``(ii) the average pharmacy
reimbursement amount paid by the
plan for the drug in the
aggregate and disaggregated by
dispensing channel identified in
item (cc);
``(jj) the average National
Average Drug Acquisition Cost
(NADAC); and
``(kk) total manufacturer-
derived revenue, inclusive of
bona fide service fees,
attributable to the drug and
retained by the pharmacy benefit
manager and any affiliate of
such pharmacy benefit manager.
``(II) In the case of a pharmacy
benefit manager that has an affiliate
that is a retail, mail order, or
specialty pharmacy, with respect to
drugs covered by such plan that were
dispensed, the following information:
``(aa) The percentage of
total prescriptions that were
dispensed by pharmacies that are
an affiliate of the pharmacy
benefit manager for each drug.
``(bb) The interquartile
range of the total combined
costs paid by the plan and plan
enrollees, per dosage unit, per
course of treatment, per 30-day
supply, and per 90-day supply
for each drug dispensed by
pharmacies that are not an
affiliate of the pharmacy
benefit manager and that are
included in the pharmacy network
of such plan.
``(cc) The interquartile
range of the total combined
costs paid by the plan and plan
enrollees, per dosage unit, per
course of treatment, per 30-day
supply, and per 90-day supply
for each drug dispensed by
pharmacies that are an affiliate
of the pharmacy benefit manager
and that are included in the
pharmacy network of such plan.
``(dd) The lowest total
combined cost paid by the plan
and plan enrollees, per dosage
[[Page 140 STAT. 674]]
unit, per course of treatment,
per 30-day supply, and per 90-
day supply, for each drug that
is available from any pharmacy
included in the pharmacy network
of such plan.
``(ee) The difference
between the average acquisition
cost of the affiliate, such as a
pharmacy or other entity that
acquires prescription drugs,
that initially acquires the drug
and the amount reported under
subclause (I)(jj) for each drug.
``(ff) A list inclusive of
the brand name, generic or non-
proprietary name, and National
Drug Code of covered part D
drugs subject to an agreement
with a covered entity under
section 340B of the Public
Health Service Act for which the
pharmacy benefit manager or an
affiliate of the pharmacy
benefit manager had a contract
or other arrangement with such a
covered entity in the service
area of such plan.
``(III) Where a drug approved under
section 505(c) of the Federal Food,
Drug, and Cosmetic Act (referred to in
this subclause as the `listed drug') is
covered by the plan, the following
information:
``(aa) A list of currently
marketed generic drugs approved
under section 505(j) of the
Federal Food, Drug, and Cosmetic
Act pursuant to an application
that references such listed drug
that are not covered by the
plan, are covered on the same
formulary tier or a formulary
tier typically associated with
higher cost-sharing than the
listed drug, or are subject to
utilization management that the
listed drug is not subject to.
``(bb) The estimated average
beneficiary cost-sharing under
the plan for a 30-day supply of
the listed drug.
``(cc) Where a generic drug
listed under item (aa) is on a
formulary tier typically
associated with higher cost-
sharing than the listed drug,
the estimated average cost-
sharing that a beneficiary would
have paid for a 30-day supply of
each of the generic drugs
described in item (aa), had the
plan provided coverage for such
drugs on the same formulary tier
as the listed drug.
``(dd) A written
justification for providing more
favorable coverage of the listed
drug than the generic drugs
described in item (aa).
``(ee) The number of
currently marketed generic drugs
approved under section 505(j) of
the Federal Food, Drug, and
Cosmetic Act pursuant to an
application that references such
listed drug.
[[Page 140 STAT. 675]]
``(IV) Where a reference product (as
defined in section 351(i) of the Public
Health Service Act) is covered by the
plan, the following information:
``(aa) A list of currently
marketed biosimilar biological
products licensed under section
351(k) of the Public Health
Service Act pursuant to an
application that refers to such
reference product that are not
covered by the plan, are covered
on the same formulary tier or a
formulary tier typically
associated with higher cost-
sharing than the reference
product, or are subject to
utilization management that the
reference product is not subject
to.
``(bb) The estimated average
beneficiary cost-sharing under
the plan for a 30-day supply of
the reference product.
``(cc) Where a biosimilar
biological product listed under
item (aa) is on a formulary tier
typically associated with higher
cost-sharing than the reference
product, the estimated average
cost-sharing that a beneficiary
would have paid for a 30-day
supply of each of the biosimilar
biological products described in
item (aa), had the plan provided
coverage for such products on
the same formulary tier as the
reference product.
``(dd) A written
justification for providing more
favorable coverage of the
reference product than the
biosimilar biological products
described in item (aa).
``(ee) The number of
currently marketed biosimilar
biological products licensed
under section 351(k) of the
Public Health Service Act,
pursuant to an application that
refers to such reference
product.
``(V) Total gross spending on
covered part D drugs by the plan, not
net of rebates, fees, discounts, or
other direct or indirect remuneration.
``(VI) The total amount retained by
the pharmacy benefit manager or an
affiliate of such pharmacy benefit
manager in revenue related to
utilization of covered part D drugs
under that plan, inclusive of bona fide
service fees.
``(VII) The total spending on
covered part D drugs net of rebates,
fees, discounts, or other direct and
indirect remuneration by the plan.
``(VIII) An explanation of any
benefit design parameters under such
plan that encourage plan enrollees to
fill prescriptions at pharmacies that
are an affiliate of such pharmacy
benefit manager, such as mail and
specialty home delivery programs, and
retail and mail auto-refill programs.
``(IX) The following information:
``(aa) A list of all
brokers, consultants, advisors,
and auditors that receive
compensation from the pharmacy
benefit manager or
[[Page 140 STAT. 676]]
an affiliate of such pharmacy
benefit manager for referrals,
consulting, auditing, or other
services offered to PDP sponsors
related to pharmacy benefit
management services.
``(bb) The amount of
compensation provided by such
pharmacy benefit manager or
affiliate to each such broker,
consultant, advisor, and
auditor.
``(cc) The methodology for
calculating the amount of
compensation provided by such
pharmacy benefit manager or
affiliate, for each such broker,
consultant, advisor, and
auditor.
``(X) A list of all affiliates of
the pharmacy benefit manager.
``(XI) A summary document submitted
in a standardized template developed by
the Secretary that includes such
information described in subclauses (I)
through (X).
``(ii) Written explanation of contracts or
agreements with manufacturers.--
``(I) <<NOTE: Deadline.>> In
general.--The pharmacy benefit manager
shall, not later than 30 days after the
finalization of any contract or
agreement between such pharmacy benefit
manager or an affiliate of such pharmacy
benefit manager and a manufacturer (or
subsidiary, agent, or entity affiliated
with such manufacturer) that makes
rebates, discounts, payments, or other
financial incentives related to one or
more covered part D drugs or other
prescription drugs, as applicable, of
the manufacturer directly or indirectly
contingent upon coverage, formulary
placement, or utilization management
conditions on any other covered part D
drugs or other prescription drugs, as
applicable, submit to the PDP sponsor a
written explanation of such contract or
agreement.
``(II) Requirements.--A written
explanation under subclause (I) shall--
``(aa) include the
manufacturer subject to the
contract or agreement, all
covered part D drugs and other
prescription drugs, as
applicable, subject to the
contract or agreement and the
manufacturers of such drugs, and
a high-level description of the
terms of such contract or
agreement and how such terms
apply to such drugs; and
``(bb) <<NOTE: Certification.>> b
e certified by the Chief
Executive Officer, Chief
Financial Officer, or General
Counsel of such pharmacy benefit
manager, or affiliate of such
pharmacy benefit manager, as
applicable, or an individual
delegated with the authority to
sign on behalf of one of these
officers, who reports directly
to the officer.
``(III) Definition of other
prescription drugs.--For purposes of
this clause, the term `other
prescription drugs' means prescription
drugs
[[Page 140 STAT. 677]]
covered as supplemental benefits under
this part or prescription drugs paid
outside of this part.
``(D) Audit rights.--
``(i) <<NOTE: Time period.>> In general.--Not
less than once a year, at the request of the PDP
sponsor, the pharmacy benefit manager shall allow
for an audit of the pharmacy benefit manager to
ensure compliance with all terms and conditions
under the written agreement described in this
paragraph and the accuracy of information reported
under subparagraph (C).
``(ii) Auditor.--The PDP sponsor shall have
the right to select an auditor. The pharmacy
benefit manager shall not impose any limitations
on the selection of such auditor.
``(iii) <<NOTE: Records.>> Provision of
information.--The pharmacy benefit manager shall
make available to such auditor all records, data,
contracts, and other information necessary to
confirm the accuracy of information reported under
subparagraph (C), subject to reasonable
restrictions on how such information must be
reported to prevent redisclosure of such
information.
``(iv) <<NOTE: Deadlines.>> Timing.--The
pharmacy benefit manager must provide information
under clause (iii) and other information, data,
and records relevant to the audit to such auditor
within 6 months of the initiation of the audit and
respond to requests for additional information
from such auditor within 30 days after the request
for additional information.
``(v) Information from affiliates.--The
pharmacy benefit manager shall be responsible for
providing to such auditor information required to
be reported under subparagraph (C) or under clause
(iii) of this subparagraph that is owned or held
by an affiliate of such pharmacy benefit manager.
``(2) Enforcement.--
``(A) <<NOTE: Contracts.>> In general.--Each PDP
sponsor shall--
``(i) disgorge to the Secretary any amounts
disgorged to the PDP sponsor by a pharmacy benefit
manager under paragraph (1)(A)(v);
``(ii) require, in a written agreement with
any pharmacy benefit manager acting on behalf of
such sponsor or affiliate of such pharmacy benefit
manager, that such pharmacy benefit manager or
affiliate reimburse the PDP sponsor for any civil
money penalty imposed on the PDP sponsor as a
result of the failure of the pharmacy benefit
manager or affiliate to meet the requirements of
paragraph (1) that are applicable to the pharmacy
benefit manager or affiliate under the agreement;
and
``(iii) require, in a written agreement with
any such pharmacy benefit manager acting on behalf
of such sponsor or affiliate of such pharmacy
benefit manager, that such pharmacy benefit
manager or affiliate be subject to punitive
remedies for breach of contract for failure to
comply with the requirements applicable under
paragraph (1).
[[Page 140 STAT. 678]]
``(B) Reporting of alleged violations.--The
Secretary shall make available and maintain a mechanism
for manufacturers, PDP sponsors, pharmacies, and other
entities that have contractual relationships with
pharmacy benefit managers or affiliates of such pharmacy
benefit managers to report, on a confidential basis,
alleged violations of paragraph (1)(A) or subparagraph
(C).
``(C) Anti-retaliation and anti-coercion.--
Consistent with applicable Federal or State law, a PDP
sponsor shall not--
``(i) retaliate against an individual or
entity for reporting an alleged violation under
subparagraph (B); or
``(ii) coerce, intimidate, threaten, or
interfere with the ability of an individual or
entity to report any such alleged violations.
``(3) Certification of compliance.--
``(A) In general.--Each PDP sponsor shall furnish to
the Secretary (at a time and in a manner specified by
the Secretary) an annual certification of compliance
with this subsection, as well as such information as the
Secretary determines necessary to carry out this
subsection.
``(B) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as--
``(A) prohibiting flat dispensing fees or
reimbursement or payment for ingredient costs (including
customary, industry-standard discounts directly related
to drug acquisition that are retained by pharmacies or
wholesalers) to entities that acquire or dispense
prescription drugs; or
``(B) modifying regulatory requirements or sub-
regulatory program instruction or guidance related to
pharmacy payment, reimbursement, or dispensing fees.
``(5) Standard formats.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than June 1, 2027, the Secretary shall specify standard,
machine-readable formats for pharmacy benefit managers
to submit annual reports required under paragraph
(1)(C)(i).
``(B) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(6) Confidentiality.--
``(A) <<NOTE: Disclosure.>> In general.--Information
disclosed by a pharmacy benefit manager, an affiliate of
a pharmacy benefit manager, a PDP sponsor, or a pharmacy
under this subsection that is not otherwise publicly
available or available for purchase shall not be
disclosed by the Secretary or a PDP sponsor receiving
the information, except that the Secretary may disclose
the information for the following purposes:
``(i) As the Secretary determines necessary to
carry out this part.
``(ii) To permit the Comptroller General to
review the information provided.
[[Page 140 STAT. 679]]
``(iii) To permit the Director of the
Congressional Budget Office to review the
information provided.
``(iv) To permit the Executive Director of the
Medicare Payment Advisory Commission to review the
information provided.
``(v) To the Attorney General for the purposes
of conducting oversight and enforcement under this
title.
``(vi) To the Inspector General of the
Department of Health and Human Services in
accordance with its authorities under the
Inspector General Act of 1978 (section 406 of
title 5, United States Code), and other applicable
statutes.
``(B) Restriction on use of information.--The
Secretary, the Comptroller General, the Director of the
Congressional Budget Office, and the Executive Director
of the Medicare Payment Advisory Commission shall not
report on or disclose information disclosed pursuant to
subparagraph (A) to the public in a manner that would
identify--
``(i) a specific pharmacy benefit manager,
affiliate, pharmacy, manufacturer, wholesaler, PDP
sponsor, or plan; or
``(ii) contract prices, rebates, discounts, or
other remuneration for specific drugs in a manner
that may allow the identification of specific
contracting parties or of such specific drugs.
``(7) Definitions.--For purposes of this subsection:
``(A) Affiliate.--The term `affiliate' means, with
respect to any pharmacy benefit manager or PDP sponsor,
any entity that, directly or indirectly--
``(i) owns or is owned by, controls or is
controlled by, or is otherwise related in any
ownership structure to such pharmacy benefit
manager or PDP sponsor; or
``(ii) acts as a contractor, principal, or
agent to such pharmacy benefit manager or PDP
sponsor, insofar as such contractor, principal, or
agent performs any of the functions described
under subparagraph (C).
``(B) Bona fide service fee.--The term `bona fide
service fee' means a fee that is reflective of the fair
market value (as specified by the Secretary, through
notice and comment rulemaking) for a bona fide, itemized
service actually performed on behalf of an entity, that
the entity would otherwise perform (or contract for) in
the absence of the service arrangement and that is not
passed on in whole or in part to a client or customer,
whether or not the entity takes title to the drug. Such
fee must be a flat dollar amount and shall not be
directly or indirectly based on, or contingent upon--
``(i) drug price, such as wholesale
acquisition cost or drug benchmark price (such as
average wholesale price);
``(ii) the amount of discounts, rebates, fees,
or other direct or indirect remuneration with
respect to covered part D drugs dispensed to
enrollees in a prescription
[[Page 140 STAT. 680]]
drug plan, except as permitted pursuant to
paragraph (1)(A)(ii);
``(iii) coverage or formulary placement
decisions or the volume or value of any referrals
or business generated between the parties to the
arrangement; or
``(iv) any other amounts or methodologies
prohibited by the Secretary.
``(C) Pharmacy benefit manager.--The term `pharmacy
benefit manager' means any person or entity that, either
directly or through an intermediary, acts as a price
negotiator or group purchaser on behalf of a PDP sponsor
or prescription drug plan, or manages the prescription
drug benefits provided by such sponsor or plan,
including the processing and payment of claims for
prescription drugs, the performance of drug utilization
review, the processing of drug prior authorization
requests, the adjudication of appeals or grievances
related to the prescription drug benefit, contracting
with network pharmacies, controlling the cost of covered
part D drugs, or the provision of related services. Such
term includes any person or entity that carries out one
or more of the activities described in the preceding
sentence, irrespective of whether such person or entity
calls itself a `pharmacy benefit manager'.''.
(2) MA-PD plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)), as amended by section
6223(d)(2), is amended by adding at the end the following new
subparagraph:
``(G) Requirements relating to pharmacy benefit
managers.--For plan years beginning on or after January
1, 2028, section 1860D-12(h).''.
(3) <<NOTE: 42 USC 1395w-27 note.>> Nonapplication of
paperwork reduction act.--Chapter 35 of title 44, United States
Code, shall not apply to the implementation of this subsection.
(4) Funding.--
(A) Secretary.--In addition to amounts otherwise
available, there is appropriated to the Centers for
Medicare & Medicaid Services Program Management Account,
out of any money in the Treasury not otherwise
appropriated, $113,000,000 for fiscal year 2026, to
remain available until expended, to carry out this
subsection.
(B) OIG.--In addition to amounts otherwise
available, there is appropriated to the Inspector
General of the Department of Health and Human Services,
out of any money in the Treasury not otherwise
appropriated, $20,000,000 for fiscal year 2026, to
remain available until expended, to carry out this
subsection.
(b) GAO Study and Report on Price-related Compensation Across the
Supply Chain.--
(1) Study.--The Comptroller General of the United States (in
this subsection referred to as the ``Comptroller General'')
shall conduct a study describing the use of compensation and
payment structures related to a prescription drug's price within
the retail prescription drug supply chain in part D of title
XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.).
Such study shall summarize information from Federal agencies
[[Page 140 STAT. 681]]
and industry experts, to the extent available, with respect to
the following:
(A) The type, magnitude, other features (such as the
pricing benchmarks used), and prevalence of compensation
and payment structures related to a prescription drug's
price, such as calculating fee amounts as a percentage
of a prescription drug's price, between intermediaries
in the prescription drug supply chain, including--
(i) pharmacy benefit managers;
(ii) PDP sponsors offering prescription drug
plans and Medicare Advantage organizations
offering MA-PD plans;
(iii) drug wholesalers;
(iv) pharmacies;
(v) manufacturers;
(vi) pharmacy services administrative
organizations;
(vii) brokers, auditors, consultants, and
other entities that--
(I) advise PDP sponsors offering
prescription drug plans and Medicare
Advantage organizations offering MA-PD
plans regarding pharmacy benefits; or
(II) review PDP sponsor and Medicare
Advantage organization contracts with
pharmacy benefit managers; and
(viii) other service providers that contract
with any of the entities described in clauses (i)
through (vii) that may use price-related
compensation and payment structures, such as
rebate aggregators (or other entities that
negotiate or process price concessions on behalf
of pharmacy benefit managers, plan sponsors, or
pharmacies).
(B) The primary business models and compensation
structures for each category of intermediary described
in subparagraph (A).
(C) Variation in price-related compensation
structures between affiliated entities (such as entities
with common ownership, either full or partial, and
subsidiary relationships) and unaffiliated entities.
(D) Potential conflicts of interest among
contracting entities related to the use of prescription
drug price-related compensation structures, such as the
potential for fees or other payments set as a percentage
of a prescription drug's price to advantage formulary
selection, distribution, or purchasing of prescription
drugs with higher prices.
(E) Notable differences, if any, in the use and
level of price-based compensation structures over time
and between different market segments, such as under
part D of title XVIII of the Social Security Act (42
U.S.C. 1395w-101 et seq.) and the Medicaid program under
title XIX of such Act (42 U.S.C. 1396 et seq.).
(F) The effects of drug price-related compensation
structures and alternative compensation structures on
Federal health care programs and program beneficiaries,
including with respect to cost-sharing, premiums,
Federal
[[Page 140 STAT. 682]]
outlays, biosimilar and generic drug adoption and
utilization, drug shortage risks, and the potential for
fees set as a percentage of a drug's price to advantage
the formulary selection, distribution, or purchasing of
drugs with higher prices.
(G) Other issues determined to be relevant and
appropriate by the Comptroller General.
(2) Report.--Not later than 2 years after the date of
enactment of this section, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations for
such legislation and administrative action as the Comptroller
General determines appropriate.
(c) Medpac Reports on Agreements With Pharmacy Benefit Managers With
Respect to Prescription Drug Plans and Ma-pd Plans.--
(1) In general.--The Medicare Payment Advisory Commission
shall submit to Congress the following reports:
(A) Initial report.--Not later than the first March
15 occurring after the date that is 2 years after the
date on which the Secretary makes the data available to
the Commission, a report regarding agreements with
pharmacy benefit managers with respect to prescription
drug plans and MA-PD plans. Such report shall include,
to the extent practicable--
(i) a description of trends and patterns,
including relevant averages, totals, and other
figures for the types of information submitted;
(ii) an analysis of any differences in
agreements and their effects on plan enrollee out-
of-pocket spending and average pharmacy
reimbursement, and other impacts; and
(iii) any recommendations the Commission
determines appropriate.
(B) Final report.--Not later than 2 years after the
date on which the Commission submits the initial report
under subparagraph (A), a report describing any changes
with respect to the information described in
subparagraph (A) over time, together with any
recommendations the Commission determines appropriate.
(2) Funding.--In addition to amounts otherwise available,
there is appropriated to the Medicare Payment Advisory
Commission, out of any money in the Treasury not otherwise
appropriated, $1,000,000 for fiscal year 2026, to remain
available until expended, to carry out this subsection.
SEC. 6225. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN
ATTESTATION FOR EACH OFF-CAMPUS
OUTPATIENT DEPARTMENT OF A PROVIDER.
(a) In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended by adding at the end the following new
paragraph:
``(23) Use of unique health identifiers; attestation.--
``(A) <<NOTE: Effective date.>> In general.--No
payment may be made under this subsection (or under an
applicable payment system
[[Page 140 STAT. 683]]
pursuant to paragraph (21)) for items and services
furnished on or after January 1, 2028, by an off-campus
outpatient department of a provider (as defined in
subparagraph (C)) unless--
``(i) such department has obtained, and such
items and services are billed under, a National
Provider Identifier that is separate from such
identifier for such provider;
``(ii) <<NOTE: Time period.>> such provider
has submitted to the Secretary, during the 2-year
period ending on the date such items and services
are so furnished, an initial provider-based status
attestation that such department is compliant with
the requirements described in section 413.65 of
title 42, Code of Federal Regulations (or a
successor regulation), which, until the Secretary
establishes the process described in subparagraph
(B), may include an attestation submitted in
accordance with paragraph (b)(3) of such section
(as in effect on the date of enactment of this
paragraph); and
``(iii) after such provider has submitted an
attestation under clause (ii), such provider has
submitted a subsequent attestation within the
timeframe specified by the Secretary.
``(B) Process for submission and review.--
``(i) <<NOTE: Notice. Regulations. Determination. A
udits.>> In general.--The Secretary shall, through
notice and comment rulemaking, establish a process
for each provider with an off-campus outpatient
department of a provider to submit an initial and
subsequent attestation pursuant to clauses (ii)
and (iii), respectively, of subparagraph (A), and
for the Secretary to review each such attestation
and determine, through site visits, remote audits,
or other means (as determined appropriate by the
Secretary), whether such department is compliant
with the requirements described in such
subparagraph.
``(ii) Funding.--In addition to amounts
otherwise available, there is appropriated to the
Centers for Medicare & Medicaid Services Program
Management Account for fiscal year 2026, out of
any amounts in the Treasury not otherwise
appropriated, $20,000,000, to remain available
until expended, for purposes of carrying out this
subparagraph.
``(C) Off-campus outpatient department of a provider
defined.--For purposes of this paragraph, the term `off-
campus outpatient department of a provider' means a
department of a provider (as defined in section 413.65
of title 42, Code of Federal Regulations, or any
successor regulation) that is not located--
``(i) on the campus (as defined in such
section) of such provider; or
``(ii) within the distance (described in such
definition of campus) from a remote location of a
hospital facility (as defined in such section).''.
(b) <<NOTE: Deadline.>> HHS OIG Analysis.--Not later than January 1,
2030, the Inspector General of the Department of Health and Human
Services shall submit to Congress--
[[Page 140 STAT. 684]]
(1) <<NOTE: Analysis.>> an analysis of the process
established by the Secretary of Health and Human Services to
conduct the reviews and determinations described in section
1833(t)(23)(B) of the Social Security Act, as added by
subsection (a) of this section; and
(2) <<NOTE: Recommenda- tions.>> recommendations based on
such analysis, as the Inspector General determines appropriate.
SEC. 6226. REVISING PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST
PAYMENT CHANGES.
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``2028'' and inserting
``2029''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``2025 and for the
period beginning on January 1, 2026, and ending on
January 30, 2026'' and inserting ``2026''; and
(B) in clause (iii), by striking ``the period
beginning on January 31, 2026, and ending on December
31, 2026, and for each of 2027 and 2028'' and inserting
``each of 2027 through 2029''.
(b) Revised Data Collection Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(4)(B))
is amended by striking ``2019'' each place it appears and inserting
``2025'' in each such place.
(c) Revised Reporting Period for Reporting of Private Sector Payment
Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``January 31'' and inserting
``April 30''; and
(2) in clause (ii), by striking ``February 1, 2026, and
ending April 30, 2026'' and inserting ``May 1, 2026, and ending
July 31, 2026''.
(d) <<NOTE: 42 USC 1395m-1 note.>> Implementation.--Notwithstanding
any other provision of law, the Secretary of Health and Human Services
may implement the amendments made by this section by program instruction
or otherwise.
SEC. 6227. MEDICARE SEQUESTRATION.
Section 251A(6) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (D), by striking ``such that,'' and all
that follows and inserting ``such that the payment reduction
shall be 2.0 percent for such fiscal year.''; and
(2) by adding at the end the following:
``(F) <<NOTE: President. Time periods.>> On the date on
which the President submits the budget under section 1105 of
title 31, United States Code, for fiscal year 2033, the
President shall order a sequestration of payments for the
Medicare programs specified in section 256(d), effective upon
issuance, such that, notwithstanding the 2 percent limit
specified in subparagraph (A) for such payments--
``(i) with respect to the first 5 months in which
such order is effective for such fiscal year, the
payment reduction shall be 2.0 percent; and
[[Page 140 STAT. 685]]
``(ii) with respect to the last 7 months in which
such order is effective for such fiscal year, the
payment reduction shall be 0 percent.''.
SEC. 6228. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$1,403,000,000'' and inserting
``$2,062,000,000''.
TITLE III--HUMAN SERVICES
SEC. 6301. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``2025, and for the period
beginning on October 1, 2025, and ending on
January 30, 2026'' and inserting ``2026, and for
the period beginning on October 1, 2026, and
ending on December 31, 2026''; and
(ii) by striking ``fiscal year 2026'' and
inserting ``fiscal year 2027''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``through 2025'' and
inserting ``through 2026''; and
(II) by striking ``fiscal year
2026'' each place it appears and
inserting ``fiscal year 2027''; and
(ii) in subparagraph (B)(i), by striking
``2026'' and inserting ``2027''; and
(2) in subsection (f)(1) by striking ``2025, and for the
period beginning on October 1, 2025, and ending on January 30,
2026, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year 2025''
and inserting ``2026, and for the period beginning on October 1,
2026, and ending on December 31, 2026, an amount equal to the
pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2026''.
SEC. 6302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``2025, and for the period
beginning on October 1, 2025, and ending on January 30,
2026'' and inserting ``2026, and for the period
beginning on October 1, 2026, and ending on December 31,
2026''; and
(B) in subparagraph (B)(i), by striking ``fiscal
years 2024 and 2025, and for the period beginning on
October 1, 2025, and ending on January 30, 2026'' and
inserting ``fiscal years 2025 and 2026, and for the
period beginning on October 1, 2026, and ending on
December 31, 2026'';
(2) in subsection (c)(3), by striking ``2026'' and inserting
``2027''; and
[[Page 140 STAT. 686]]
(3) in subsection (f), by striking ``2025, and for the
period beginning on October 1, 2025, and ending on January 30,
2026, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year 2025''
and inserting ``2026, and for the period beginning on October 1,
2026, and ending on December 31, 2026, an amount equal to the
pro rata portion of the amount appropriated for the
corresponding period for fiscal year 2026''.
SEC. 6303. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH
INFORMATION CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended--
(1) in clause (viii), by striking ``for fiscal year 2025''
and inserting ``for each of fiscal years 2025 and 2026''; and
(2) in clause (ix), by striking ``October 1, 2025, and
ending on January 30, 2026, an amount equal to the pro rata
portion of the amount appropriated for fiscal year 2025'' and
inserting ``October 1, 2026, and ending on December 31, 2026, an
amount equal to the pro rata portion of the amount appropriated
for fiscal year 2026''.
SEC. 6304. <<NOTE: 42 USC 601 note.>> EXTENSION OF THE TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM.
Activities authorized by part A of title IV of the Social Security
Act (other than under section 403(c) or 418 of such Act) and section
1108(b) of the Social Security Act shall continue through December 31,
2026, in the manner authorized for fiscal year 2025, and out of any
money in the Treasury of the United States not otherwise appropriated,
there are hereby appropriated such sums as may be necessary for such
purpose.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
SEC. 6401. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH
CENTERS THAT OPERATE GME PROGRAMS.
(a) Extension for Community Health Centers.--Section 10503(b)(1) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1))
is amended by striking subparagraphs (H), (I), (J), and (K) and
inserting the following:
``(H) $4,236,712,328 for fiscal year 2024;
``(I) $4,295,287,671 for fiscal year 2025;
``(J) $4,600,000,000 for fiscal year 2026; and
``(K) $1,159,452,055 for the period beginning on
October 1, 2026, and ending on December 31, 2026; and''.
(b) Extension for the National Health Service Corps.--Section
10503(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(2)) is amended by striking subparagraphs (I), (J), (K), and
(L) and inserting the following:
``(I) $341,208,605 for fiscal year 2024;
``(J) $349,736,600 for fiscal year 2025;
``(K) $350,000,000 for fiscal year 2026; and
[[Page 140 STAT. 687]]
``(L) $88,219,178 for the period beginning on
October 1, 2026, and ending on December 31, 2026.''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended by striking subparagraphs (D), (E), (F),
and (G) and inserting the following: ``
``(D) $168,915,878 for fiscal year 2024;
``(E) $181,563,574 for fiscal year 2025;
``(F) $225,000,000 for fiscal year 2026;
``(G) $250,000,000 for fiscal year 2027;
``(H) $275,000,000 for fiscal year 2028; and
``(I) $300,000,000 for fiscal year 2029.''.
(d) Application of Provisions.--Amounts appropriated pursuant to the
amendments made by this section shall be subject to the requirements
contained in Public Law 118-47 for funds for programs authorized under
sections 330 through 340 of the Public Health Service Act (42 U.S.C.
254b et seq.).
(e) Conforming Amendments.--Section 3014(h)(4) of title 18, United
States Code, is amended by striking ``and section 6101(d) of the
Continuing Appropriations, Agriculture, Legislative Branch, Military
Construction and Veterans Affairs, and Extensions Act, 2026'' and
inserting ``section 6101(d) of the Continuing Appropriations,
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026, and section 6401(d) of the
Consolidated Appropriations Act, 2026''.
SEC. 6402. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I Diabetes.--
Section 330B(b)(2) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)) is amended by striking subparagraphs (E), (F), (G), and (H) and
inserting the following:
``(E) $155,619,196 for fiscal year 2024, to remain
available until expended;
``(F) $159,228,188 for fiscal year 2025, to remain
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
``(H) $50,410,959 for the period beginning on
October 1, 2026, and ending on December 31, 2026, to
remain available until expended.''.
(b) Extending Funding for Special Diabetes Programs for Indians.--
Section 330C(c)(2) of the Public Health Service Act (42 U.S.C. 254c-
3(c)(2)) is amended by striking subparagraphs (E), (F), (G), and (H) and
inserting the following:
``(E) $155,619,196 for fiscal year 2024, to remain
available until expended;
``(F) $159,228,188 for fiscal year 2025, to remain
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
``(H) $50,410,959 for the period beginning on
October 1, 2026, and ending on December 31, 2026, to
remain available until expended.''.
[[Page 140 STAT. 688]]
SEC. 6403. EXTENSION OF NATIONAL HEALTH SECURITY PROGRAMS.
(a) Section 319(e)(8) of the Public Health Service Act (42 U.S.C.
247d(e)(8)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
(b) Section 319L(e)(1)(D) of the Public Health Service Act (42
U.S.C. 247d-7e(e)(1)(D)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
(c) Section 319L-1(b) of the Public Health Service Act (42 U.S.C.
247d-7f(b)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
(d) Section 2811A(g) of the Public Health Service Act (42 U.S.C.
300hh-10b(g)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
(e) Section 2811B(g)(1) of the Public Health Service Act (42 U.S.C.
300hh-10c(g)(1)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
(f) Section 2811C(g)(1) of the Public Health Service Act (42 U.S.C.
300hh-10d(g)(1)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
(g) Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``January 30, 2026''
and inserting ``December 31, 2026''.
SEC. 6404. NO SURPRISES ACT IMPLEMENTATION.
Section 118(a) of division BB of the Consolidated Appropriations
Act, 2021 <<NOTE: 134 Stat. 2889; 138 Stat. 1538; 139 Stat.
649.>> (Public Law 116-260) is amended--
(1) in paragraph (1), by striking ``January 30, 2026'' and
inserting ``December 31, 2026''; and
(2) in paragraph (2)--
(A) by striking ``$14,000,000'' and inserting
``$42,100,000''; and
(B) by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
Subtitle B--World Trade Center Health Program
SEC. 6411. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTIONS.
(a) In General.--Section 3351(a)(2)(A) of the Public Health Service
Act (42 U.S.C. 300mm-61(a)(2)(A)) is amended--
(1) in clause (x), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (xi) as clause (xii); and
(3) <<NOTE: Time periods.>> by inserting after clause (x),
the following:
``(xi) for each of fiscal years 2026 through
2040--
``(I) the amount determined under
this subparagraph for the previous
fiscal year multiplied by 1.07;
multiplied by
``(II) the ratio of--
``(aa) the total number of
individuals enrolled in the WTC
Program on July 1 of such
previous fiscal year; to
``(bb) the total number of
individuals so enrolled on July
1 of the fiscal year prior to
such previous fiscal year;
and''.
[[Page 140 STAT. 689]]
(b) Report to Congress.--
(1) <<NOTE: Assessments.>> In general.--Not later than 3
years after the date of enactment of this Act, the Secretary of
Health and Human Services (referred to in this subsection as the
``Secretary'') shall conduct an assessment of anticipated budget
authority and outlays of the World Trade Center Health Program
(referred to in this subsection as the ``Program'') through the
duration of the Program and submit a report summarizing such
assessment to--
(A) the Speaker and minority leader of the House of
Representatives;
(B) the majority and minority leaders of the Senate;
(C) the Committee on Health, Education, Labor, and
Pensions and the Committee on the Budget of the Senate;
and
(D) the Committee on Energy and Commerce and the
Committee on the Budget of the House of Representatives.
(2) Inclusions.--The report required under paragraph (1)
shall include--
(A) a projection of Program budgetary needs on a
per-fiscal year basis through fiscal year 2090;
(B) a review of Program modeling for each of fiscal
years 2017 through the fiscal year prior to the fiscal
year in which the report is issued to assess how
anticipated budgetary needs compared to actual
expenditures;
(C) an assessment of the projected budget authority
and expenditures of the Program through fiscal year 2090
by comparing--
(i) such projected authority and expenditures
resulting from application of section
3351(a)(2)(A) of the Public Health Service Act (42
U.S.C. 300mm-61(a)(2)(A)), as amended by
subsection (a); and
(ii) such projected authority and expenditures
that would result if such section were amended so
that the formula under clause (xi) of such
section, as amended by subsection (a), were to be
extended through fiscal year 2090; and
(D) any recommendations of the Secretary to make
changes to the formula under such section 3351(a)(2)(A),
as so amended, to fully offset anticipated Program
expenditures through fiscal year 2090.
(c) Technical Amendments.--Title XXXIII of the Public Health Service
Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3352(d) (42 U.S.C. 300mm-62(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts'';
(2) in section 3353(d) (42 U.S.C. 300mm-63(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''; and
(3) in section 3354(d) (42 U.S.C. 300mm-64(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''.
TITLE V--PUBLIC HEALTH PROGRAMS
SEC. 6501. PREVENTING MATERNAL DEATHS.
(a) Maternal Mortality Review Committees.--Section 317K(d) of the
Public Health Service Act (42 U.S.C. 247b-12(d)) is amended--
[[Page 140 STAT. 690]]
(1) in paragraph (1)(A), by inserting ``(including
obstetricians and gynecologists)'' after ``clinical
specialties''; and
(2) in paragraph (3)(A)(i)--
(A) in subclause (I), by striking ``as applicable''
and inserting ``if available''; and
(B) in subclause (III), by striking ``, as
appropriate'' and inserting ``and coordinating with
individuals responsible for certifying deaths to improve
the collection and quality of death record reports,
including by amending errors and missing or incomplete
information to cause-of-death information on a death
certificate, as appropriate''.
(b) Maternal Mortality.--Section 317K of the Public Health Service
Act (42 U.S.C. 247b-12) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Best Practices Relating to the Prevention of Maternal
Mortality.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall, in consultation with the Administrator of the Health
Resources and Services Administration, identify and disseminate
to health care providers, relevant professional societies, and
perinatal quality collaboratives, best practices related to
preventing maternal morbidity and mortality, taking into
consideration any relevant findings from other Federal maternal
health programs.
``(2) Frequency.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
disseminate the best practices referred to in paragraph (1) not
less than once per fiscal year.''.
(c) Authorization of Appropriations.--Subsection (g) of section 317K
of the Public Health Service Act (42 U.S.C. 247b-12), as redesignated by
subsection (b)(1), is amended by striking ``$58,000,000 for each of
fiscal years 2019 through 2023'' and inserting ``$100,000,000 for each
of fiscal years 2026 through 2030''.
SEC. 6502. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.
Section 372 of the Public Health Service Act (42 U.S.C. 274) is
amended--
(1) in subsection (b)(2)--
(A) by moving the margins of subparagraphs (M)
through (O) 2 ems to the left;
(B) in subparagraph (A)--
(i) in clause (i), by striking ``, and'' and
inserting ``; and''; and
(ii) in clause (ii), by striking the comma at
the end and inserting a semicolon;
(C) in subparagraph (C), by striking ``twenty-four-
hour telephone service'' and inserting ``24-hour
telephone or information technology service'';
(D) in each of subparagraphs (B) through (M), by
striking the comma at the end and inserting a semicolon;
(E) in subparagraph (N), by striking
``transportation, and'' and inserting
``transportation;'';
(F) in subparagraph (O), by striking the period and
inserting a semicolon; and
[[Page 140 STAT. 691]]
(G) by adding at the end the following:
``(P) encourage the integration of electronic health records
systems through application programming interfaces (or successor
technologies) among hospitals, organ procurement organizations,
and transplant centers, including the use of automated
electronic hospital referrals and the grant of remote,
electronic access to hospital electronic health records of
potential donors by organ procurement organizations, in a manner
that complies with the privacy regulations promulgated under the
Health Insurance Portability and Accountability Act of 1996, at
part 160 of title 45, Code of Federal Regulations, and subparts
A, C, and E of part 164 of such title (or any successor
regulations); and
``(Q) consider establishing a dashboard to display the
number of transplants performed, the types of transplants
performed, the number and types of organs that entered the Organ
Procurement and Transplantation Network system and failed to be
transplanted, and other appropriate statistics, which should be
updated more frequently than annually.''; and
(2) by adding at the end the following:
``(d) Registration Fees.--
``(1) In general.--The Secretary may collect registration
fees from any member of the Organ Procurement and
Transplantation Network for each transplant candidate such
member places on the list described in subsection (b)(2)(A)(i).
Such registration fees shall be collected and distributed only
to support the operation of the Organ Procurement and
Transplantation Network. Such registration fees are authorized
to remain available until expended.
``(2) Collection.--The Secretary may collect the
registration fees under paragraph (1) directly or through awards
made under subsection (b)(1)(A).
``(3) Distribution.--Any amounts collected under this
subsection shall--
``(A) be credited to the currently applicable
appropriation, account, or fund of the Department of
Health and Human Services as discretionary offsetting
collections; and
``(B) be available, only to the extent and in the
amounts provided in advance in appropriations Acts, to
distribute such fees among awardees described in
subsection (b)(1)(A).
``(4) Transparency.--The Secretary shall--
``(A) <<NOTE: Web posting.>> promptly post on the
website of the Organ Procurement and Transplantation
Network--
``(i) the amount of registration fees
collected under this subsection from each member
of the Organ Procurement and Transplantation
Network; and
``(ii) <<NOTE: List.>> a list of activities
such fees are used to support; and
``(B) <<NOTE: Updates.>> update the information
posted pursuant to subparagraph (A), as applicable for
each calendar quarter for which fees are collected under
paragraph (1).
``(5) <<NOTE: Deadline.>> GAO review.--Not later than 2
years after the date of enactment of this subsection, the
Comptroller General of the United States shall, to the extent
data are available--
``(A) conduct a review concerning the activities
under this subsection; and
[[Page 140 STAT. 692]]
``(B) <<NOTE: Reports. Recommenda- tions.>> submit
to the Committee on Health, Education, Labor, and
Pensions and the Committee on Finance of the Senate and
the Committee on Energy and Commerce of the House of
Representatives, a report on such review, including
related recommendations, as applicable.
``(6) Sunset.--The authority to collect registration fees
under paragraph (1) shall expire on the date that is 3 years
after the date of enactment of the Consolidated Appropriations
Act, 2026.''.
SEC. 6503. HONOR OUR LIVING DONORS.
(a) No Consideration of Income of Organ Recipient.--Section 377 of
the Public Health Service Act (42 U.S.C. 274f) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) No Consideration of Income of Organ Recipient.--The recipient
of a grant under this section, in providing reimbursement to a donating
individual through such grant, shall not give any consideration to the
income of the organ recipient.''; and
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``subsection
(c)(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
(c)(2)'' and inserting ``subsection (d)(2)''.
(b) Removal of Expectation of Payments by Organ Recipients.--Section
377(e) of the Public Health Service Act (42 U.S.C. 274f(e)), as
redesignated by subsection (a)(1), is amended--
(1) in paragraph (1), by adding ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).
(c) Annual Report.--Section 377 of the Public Health Service Act (42
U.S.C. 274f), as amended by subsections (a) and (b), is amended by
adding at the end the following:
``(h) <<NOTE: Effective date.>> Annual Report.--Not later than
December 31 of each year, beginning in fiscal year 2027, the Secretary
shall--
``(1) <<NOTE: Public information.>> prepare, submit to the
Congress, and make public a report on whether grants under this
section provided adequate funding during the preceding fiscal
year to reimburse all donating individuals participating in the
grant program under this section for all qualifying expenses;
and
``(2) include in each such report--
``(A) the estimated number of all donating
individuals participating in the grant program under
this section who did not receive reimbursement for all
qualifying expenses during the preceding fiscal year;
and
``(B) the total amount of funding that is estimated
to be necessary to fully reimburse all donating
individuals participating in the grant program under
this section for all qualifying expenses.''.
SEC. 6504. PROGRAM FOR PEDIATRIC STUDIES OF DRUGS.
Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
284m(d)(1)) is amended by striking ``section,'' and all that follows
through the period at the end and inserting ``section, $25,000,000 for
each of fiscal years 2026 through 2028.''.
[[Page 140 STAT. 693]]
SEC. 6505. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
(a) In General.--Section 1106(b) of the Public Health Service Act
(42 U.S.C. 300b-5(b)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(2) in paragraph (2)(D), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``enter into a
contract with'' and inserting ``make a grant to, or
enter into a contract or cooperative agreement with,'';
and
(B) in subparagraph (B), in each of clauses (ii) and
(iii), by striking ``prevention and treatment of sickle
cell disease'' and inserting ``treatment of sickle cell
disease and the prevention and treatment of
complications of sickle cell disease''; and
(4) in paragraph (6), by striking ``$4,455,000 for each of
fiscal years 2019 through 2023'' and inserting ``$8,205,000 for
each of fiscal years 2026 through 2030''.
(b) Sense of Congress.--It is the sense of Congress that further
research should be undertaken to expand the understanding of the causes
of, and to find cures for, heritable blood disorders, including sickle
cell disease.
SEC. 6506. LIFESPAN RESPITE CARE.
(a) Definition of Family Caregiver.--Section 2901(5) of the Public
Health Service Act (42 U.S.C. 300ii(5)) is amended by striking ``unpaid
adult'' and inserting ``unpaid individual''.
(b) Funding.--Section 2905 of the Public Health Service Act (42
U.S.C. 300ii-4) is amended by striking ``fiscal years 2020 through
fiscal year 2024'' and inserting ``fiscal years 2026 through 2030''.
SEC. 6507. PREEMIE.
(a) Research Relating to Preterm Labor and Delivery and the Care,
Treatment, and Outcomes of Preterm and Low Birthweight Infants.--
(1) In general.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early
Act (42 U.S.C. 247b-4f(e)) is amended by striking ``fiscal years
2019 through 2023'' and inserting ``fiscal years 2026 through
2030''.
(2) Technical correction.--Effective as if included in the
enactment of the PREEMIE Reauthorization Act of 2018 (Public Law
115-328), section 2 of such Act <<NOTE: 42 USC 247b-4f and
note.>> is amended, in the matter preceding paragraph (1), by
striking ``Section 2'' and inserting ``Section 3''.
(b) <<NOTE: Deadline.>> Interagency Working Group.--Section 5(a) of
the PREEMIE Reauthorization Act of 2018 <<NOTE: 132 Stat.
4473.>> (Public Law 115-328) is amended by striking ``The Secretary of
Health and Human Services, in collaboration with other departments, as
appropriate, may establish'' and inserting ``Not later than 18 months
after the date of the enactment of the Consolidated Appropriations Act,
2026, the
[[Page 140 STAT. 694]]
Secretary of Health and Human Services, in collaboration with other
departments, as appropriate, shall establish''.
(c) Study on Preterm Births.--
(1) In general.--The Secretary of Health and Human Services
shall enter into appropriate arrangements with the National
Academies of Sciences, Engineering, and Medicine under which the
National Academies shall--
(A) <<NOTE: Deadline.>> not later than 30 days after
the date of enactment of this Act, convene a committee
of experts in maternal health to study premature births
in the United States; and
(B) <<NOTE: Reports.>> upon completion of the study
under subparagraph (A)--
(i) approve by consensus a report on the
results of such study;
(ii) include in such report--
(I) an assessment of each of the
topics listed in paragraph (2);
(II) the analysis required by
paragraph (3); and
(III) the raw data used to develop
such report; and
(iii) not later than 24 months after the date
of enactment of this Act, transmit such report
to--
(I) the Secretary of Health and
Human Services;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on Finance and
the Committee on Health, Education,
Labor, and Pensions of the Senate.
(2) Assessment topics.--The topics listed in this subsection
are each of the following:
(A) The financial costs of premature birth to
society, including--
(i) an analysis of stays in neonatal intensive
care units and the cost of such stays;
(ii) long-term costs of stays in such units to
society and the family involved post-discharge;
and
(iii) health care costs for families post-
discharge from such units (such as medications,
therapeutic services, co-payments for visits, and
specialty equipment).
(B) The factors that impact preterm birth rates.
(C) Opportunities for earlier detection of premature
birth risk factors, including--
(i) opportunities to improve maternal and
infant health; and
(ii) opportunities for public health programs
to provide support and resources for parents in-
hospital, in non-hospital settings, and post-
discharge.
(3) Analysis.--The analysis required by this subsection is
an analysis of--
(A) targeted research strategies to develop
effective drugs, treatments, or interventions to bring
at-risk pregnancies to term;
(B) State and other programs' best practices with
respect to reducing premature birth rates; and
[[Page 140 STAT. 695]]
(C) precision medicine and preventative care
approaches starting early in the life course (including
during pregnancy) with a focus on behavioral and
biological influences on premature birth, child health,
and the trajectory of such approaches into adulthood.
SEC. 6508. DR. LORNA BREEN HEALTH CARE PROVIDER PROTECTION.
(a) Dissemination of Best Practices.--Section 2 of the Dr. Lorna
Breen Health Care Provider Protection Act (Public Law 117-105) is
amended <<NOTE: 42 USC 294t note.>> by striking ``2 years'' and
inserting ``5 years''.
(b) Education and Awareness Initiative Encouraging Use of Mental
Health and Substance Use Disorder Services by Health Care
Professionals.--Section 3 of the Dr. Lorna Breen Health Care Provider
Protection Act <<NOTE: 42 USC 294u.>> (Public Law 117-105) is amended--
(1) in subsection (b), by inserting ``and annually
thereafter,'' after ``of this Act,''; and
(2) in subsection (c), by striking ``2022 through 2024'' and
inserting ``2026 through 2030''.
(c) Programs to Promote Mental Health Among the Health Professional
Workforce.--The second section 764 of the Public Health Service Act (42
U.S.C. 294t), as added by section 4 of the Dr. Lorna Breen Health Care
Provider Protection Act (Public Law 117-105), is amended--
(1) by redesignating such section 764 as section 764A;
(2) in subsection (a)(3)--
(A) by striking ``to eligible entities in'' and
inserting ``to eligible entities that--
``(A) are in'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) have a focus on the reduction of
administrative burden on health care workers.'';
(3) in subsection (c), by inserting ``not less than'' after
``period of''; and
(4) in subsection (f), by striking ``2022 through 2024'' and
inserting ``2026 through 2030''.
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
SEC. 6601. RESEARCH INTO PEDIATRIC USES OF DRUGS; ADDITIONAL
AUTHORITIES OF FOOD AND DRUG
ADMINISTRATION REGARDING MOLECULARLY
TARGETED CANCER DRUGS.
(a) In General.--
(1) Additional active ingredient for application drug;
limitation regarding novel-combination application drug.--
Section 505B(a)(3) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355c(a)(3)) is amended--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
[[Page 140 STAT. 696]]
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--For purposes of paragraph (1)(B),
the investigation described in this paragraph is a
molecularly targeted pediatric cancer investigation of--
``(i) the drug or biological product for which
the application referred to in such paragraph is
submitted; or
``(ii) such drug or biological product used in
combination with--
``(I) an active ingredient of a drug
or biological product--
``(aa) for which an approved
application under section 505(j)
under this Act or under section
351(k) of the Public Health
Service Act is in effect; and
``(bb) <<NOTE: Determination.>> t
hat is determined by the
Secretary, after consultation
with the applicant, to be part
of the standard of care for
treating a pediatric cancer; or
``(II) an active ingredient of a
drug or biological product--
``(aa) for which an approved
application under section 505(b)
of this Act or section 351(a) of
the Public Health Service Act to
treat an adult cancer is in
effect and is held by the same
person submitting the
application under paragraph
(1)(B); and
``(bb) <<NOTE: Determination.>> t
hat is directed at a molecular
target that the Secretary
determines to be substantially
relevant to the growth or
progression of a pediatric
cancer.
``(B) Additional requirements.--
``(i) Design of investigation.--A molecularly
targeted pediatric cancer investigation referred
to in subparagraph (A) shall be designed to yield
clinically meaningful pediatric study data that is
gathered using appropriate formulations for each
age group for which the study is required,
regarding dosing, safety, and preliminary efficacy
to inform potential pediatric labeling.
``(ii) Limitation.--An investigation described
in subparagraph (A)(ii) may be required only if
the drug or biological product for which the
application referred to in paragraph (1)(B)
contains either--
``(I) a single new active
ingredient; or
``(II) more than one active
ingredient, if an application for the
combination of active ingredients has
not previously been approved but each
active ingredient is in a drug product
that has been previously approved to
treat an adult cancer.
``(iii) Results of already-completed
preclinical studies of application drug.--With
respect to an investigation required pursuant to
paragraph (1)(B), the Secretary may require the
results of any completed preclinical studies
relevant to the initial pediatric study plan be
submitted to the Secretary at the same
[[Page 140 STAT. 697]]
time that the initial pediatric study plan
required under subsection (e)(1) is submitted.
``(iv) Rule of construction regarding inactive
ingredients.--With respect to a combination of
active ingredients referred to in subparagraph
(A)(ii), such subparagraph shall not be construed
as addressing the use of inactive ingredients with
such combination.''.
(2) Determination of applicable requirements.--Section
505B(e)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355c(e)(1)) is amended by adding at the end the
following: ``The Secretary shall determine whether subparagraph
(A) or (B) of subsection (a)(1) applies with respect to an
application before the date on which the applicant is required
to submit the initial pediatric study plan under paragraph
(2)(A).''.
(3) Clarifying applicability.--Section 505B(a)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)(1)) is
amended by adding at the end the following:
``(C) Rule of construction.--No application that is
subject to the requirements of subparagraph (B) shall be
subject to the requirements of subparagraph (A), and no
application (or supplement to an application) that is
subject to the requirements of subparagraph (A) shall be
subject to the requirements of subparagraph (B).''.
(4) Conforming amendments.--Section 505B(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)) is amended--
(A) in paragraph (3)(C), as redesignated by
paragraph (1)(A) of this subsection, by striking
``investigations described in this paragraph'' and
inserting ``investigations referred to in subparagraph
(A)''; and
(B) in paragraph (3)(D), as redesignated by
paragraph (1)(A) of this subsection, by striking ``the
assessments under paragraph (2)(B)'' and inserting ``the
assessments required under paragraph (1)(A)''.
(b) <<NOTE: Deadlines. 21 USC 355c note.>> Guidance.--The Secretary
of Health and Human Services, acting through the Commissioner of Food
and Drugs, shall--
(1) not later than 12 months after the date of enactment of
this Act, issue draft guidance on the implementation of the
amendments made by subsection (a); and
(2) not later than 12 months after closing the comment
period on such draft guidance, finalize such guidance.
(c) <<NOTE: Time period. 21 USC 355c note.>> Applicability.--The
amendments made by this section apply with respect to any application
under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)) and any application under section 351(a) of the Public
Health Service Act (42 U.S.C. 262(a)), that is submitted on or after the
date that is 3 years after the date of enactment of this Act.
(d) Reports to Congress.--
(1) Secretary of health and human services.--Not later than
6 years after the date of enactment of this Act, the Secretary
of Health and Human Services shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the Secretary's efforts, in coordination with
industry, to ensure implementation of the amendments made by
subsection (a).
[[Page 140 STAT. 698]]
(2) GAO study and report.--
(A) Study.--Not later than 8 years after the date of
enactment of this Act, the Comptroller General of the
United States shall conduct a study of the effectiveness
of requiring assessments and investigations described in
section 505B of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C.355c), as amended by subsection (a), in the
development of drugs and biological products for
pediatric cancer indications, including consideration of
any benefits to, or burdens on, pediatric cancer drug
development.
(B) Findings.--Not later than 10 years after the
date of enactment of this Act, the Comptroller General
shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report containing the findings of the study conducted
under subparagraph (A).
SEC. 6602. ENSURING COMPLETION OF PEDIATRIC STUDY REQUIREMENTS.
(a) Equal Accountability for Pediatric Study Requirements.--Section
505B(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(d))
is amended--
(1) in paragraph (1), by striking ``Beginning 270'' and
inserting ``Noncompliance letter.--Beginning 270'';
(2) in paragraph (2)--
(A) by striking ``The drug or'' and inserting
``Effect of noncompliance.--The drug or''; and
(B) by striking ``(except that the drug or
biological product shall not be subject to action under
section 303)'' and inserting ``(except that the drug or
biological product shall be subject to action under
section 303 only if such person demonstrated a lack of
due diligence in satisfying the applicable
requirement)''; and
(3) by adding at the end the following:
``(3) Limitation.--The Secretary shall not issue enforcement
actions under section 303 for failures under this subsection in
the case of a drug or biological product that is no longer
marketed.''.
(b) Due Diligence.--Section 505B(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(d)), as amended by subsection (a), is
further amended by adding at the end the following:
``(4) Due diligence.--Before the Secretary may conclude that
a person failed to submit or otherwise meet a requirement as
described in the matter preceding paragraph (1), the Secretary
shall--
``(A) <<NOTE: Noncompliance letter.>> issue a
noncompliance letter pursuant to paragraph (1);
``(B) <<NOTE: Time period.>> provide such person
with a 45-day period beginning on the date of receipt of
such noncompliance letter to respond in writing as set
forth in such paragraph; and
``(C) <<NOTE: Review. Determination.>> after
reviewing such written response, determine whether the
person demonstrated a lack of due diligence in
satisfying such requirement.''.
(c) Conforming Amendments.--Section 303(f)(4)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(4)(A)) is amended by
striking ``or 505-1'' and inserting ``505-1, or 505B''.
[[Page 140 STAT. 699]]
(d) <<NOTE: 21 USC 333 note.>> Transition Rule.--The Secretary of
Health and Human Services may take enforcement action under section 303
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) only for
failures described in section 505B(d) of such Act (21 U.S.C. 355c(d))
that occur on or after the date that is 180 days after the date of
enactment of this Act.
SEC. 6603. FDA REPORT ON PREA ENFORCEMENT.
Section 508(b) of the Food and Drug Administration Safety and
Innovation Act (21 U.S.C. 355c-1(b)) is amended--
(1) in paragraph (11), by striking the semicolon at the end
and inserting ``, including an evaluation of compliance with
deadlines provided for in deferrals and deferral extensions;'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(17) a listing of penalties, settlements, or payments
under section 303 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353) for failure to comply with requirements under
such section 505B, including, for each penalty, settlement, or
payment, the name of the drug, the sponsor thereof, and the
amount of the penalty, settlement, or payment imposed.''.
SEC. 6604. EXTENSION OF AUTHORITY TO ISSUE PRIORITY REVIEW
VOUCHERS TO ENCOURAGE TREATMENTS FOR
RARE PEDIATRIC DISEASES.
(a) Extension.--Paragraph (5) of section 529(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360ff(b)) is amended by striking
``December 20, 2024, unless'' and all that follows through the period at
the end and inserting ``September 30, 2029.''.
(b) User Fee Payment.--Section 529(c)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360ff(c)(4)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--The priority review user fee
required by this subsection shall be due upon the
submission of a human drug application under section
505(b)(1) or section 351(a) of the Public Health Service
Act for which the priority review voucher is used. All
other user fees associated with the human drug
application shall be due as required by the Secretary or
under applicable law.''.
(c) GAO Report on Effectiveness of Rare Pediatric Disease Priority
Voucher Awards in Incentivizing Rare Pediatric Disease Drug
Development.--
(1) GAO study.--
(A) Study.--The Comptroller General of the United
States shall conduct a study of the effectiveness of
awarding rare pediatric disease priority vouchers under
section 529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff), as amended by subsection (a), in the
development of human drug products that treat or prevent
rare pediatric diseases (as defined in such section
529).
(B) Contents of study.--In conducting the study
under subparagraph (A), the Comptroller General shall
examine the following:
(i) The indications for each drug or
biological product that--
[[Page 140 STAT. 700]]
(I) is the subject of a rare
pediatric disease product application
(as defined in section 529 of the
Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff)) for which a priority
review voucher was awarded; and
(II) was approved under section 505
of the Federal Food, Drug, and Cosmetic
Act (42 U.S.C. 355) or licensed under
section 351 of the Public Health Service
Act (42 U.S.C. 262).
(ii) Whether, and to what extent, an unmet
need related to the treatment or prevention of a
rare pediatric disease was met through the
approval or licensure of such a drug or biological
product.
(iii) The size of the company to which a
priority review voucher was awarded under section
529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff) for such a drug or biological
product.
(iv) The value of such priority review voucher
if transferred.
(v) Identification of each drug for which a
priority review voucher awarded under such section
529 was used.
(vi) The size of the company using each
priority review voucher awarded under such section
529.
(vii) The length of the period of time between
the date on which a priority review voucher was
awarded under such section 529 and the date on
which it was used.
(viii) Whether, and to what extent, an unmet
need related to the treatment or prevention of a
rare pediatric disease was met through the
approval under section 505 of the Federal Food,
Drug, and Cosmetic Act (42 U.S.C. 355) or
licensure under section 351 of the Public Health
Service Act (42 U.S.C. 262) of a drug for which a
priority review voucher was used.
(ix) Whether, and to what extent, companies
were motivated by the availability of priority
review vouchers under section 529 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff) to
attempt to develop a drug for a rare pediatric
disease.
(x) Whether, and to what extent, pediatric
review vouchers awarded under such section were
successful in stimulating development and
expedited patient access to drug products for
treatment or prevention of a rare pediatric
disease that wouldn't otherwise take place without
the incentive provided by such vouchers.
(xi) The impact of such priority review
vouchers on the workload, review process, and
public health prioritization efforts of the Food
and Drug Administration.
(xii) Any other incentives in Federal law that
exist for companies developing drugs or biological
products described in clause (i).
(2) Report on findings.--Not later than 5 years after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Energy
[[Page 140 STAT. 701]]
and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a report
containing the findings of the study conducted under paragraph
(1).
SEC. 6605. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF
ORPHAN DRUGS.
(a) In General.--Section 527 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360cc) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``same disease or condition'' and inserting
``same approved use or indication within such rare disease or
condition'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``same rare disease or condition'' and
inserting ``same approved use or indication for which
such 7-year period applies to such already approved or
licensed drug''; and
(B) in paragraph (1), by inserting ``, relating to
the approved use or indication,'' after ``the needs'';
(3) in subsection (c)(1), by striking ``same rare disease or
condition as the already approved drug'' and inserting ``same
use or indication for which the already approved or licensed
drug was approved or licensed''; and
(4) by adding at the end the following:
``(f) Approved Use or Indication Defined.--In this section, the term
`approved use or indication' means the use or indication approved under
section 505 of this Act or licensed under section 351 of the Public
Health Service Act for a drug designated under section 526 for a rare
disease or condition.''.
(b) <<NOTE: 21 USC 360cc note.>> Application of Amendments.--The
amendments made by subsection (a) shall apply with respect to any drug
designated under section 526 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bb), regardless of the date on which the drug was so
designated, and regardless of the date on which the drug was approved
under section 505 of such Act (21 U.S.C. 355) or licensed under section
351 of the Public Health Service Act (42 U.S.C. 262).
Subtitle B--United States-Abraham Accords Cooperation and Security
SEC. 6611. ESTABLISHMENT OF ABRAHAM ACCORDS OFFICE WITHIN FOOD AND
DRUG ADMINISTRATION.
(a) In General.--Chapter X of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 391 et seq.) is amended by adding at the end the
following:
``SEC. 1015. <<NOTE: 21 USC 399j.>> ABRAHAM ACCORDS OFFICE.
``(a) In General.--The Secretary, acting through the Commissioner of
Food and Drugs, shall establish within the Food and Drug Administration
an office, to be known as the Abraham Accords Office, to be headed by a
director.
``(b) <<NOTE: Deadline.>> Office.--Not later than 2 years after the
date of enactment of this section, the Secretary shall--
[[Page 140 STAT. 702]]
``(1) in consultation with the governments of Abraham
Accords countries, as well as appropriate United States
Government diplomatic and security personnel--
``(A) select the location of the Abraham Accords
Office in an Abraham Accords country; and
``(B) establish such office; and
``(2) assign to such office such personnel of the Food and
Drug Administration as the Secretary determines necessary to
carry out the functions of such office.
``(c) Duties.--The Secretary, acting through the Director of the
Abraham Accords Office, shall--
``(1) after the Abraham Accords Office is established--
``(A) as part of the Food and Drug Administration's
work to strengthen the international oversight of
regulated commodities, provide technical assistance to
regulatory partners in Abraham Accords countries on
strengthening regulatory oversight and converging
regulatory requirements for the oversight of regulated
products, including good manufacturing practices and
other issues relevant to manufacturing medical products
that are regulated by the Food and Drug Administration;
and
``(B) facilitate interactions between the Food and
Drug Administration and interested parties in Abraham
Accords countries, including by sharing relevant
information regarding United States regulatory pathways
with such parties, and facilitate feedback on the
research, development, and manufacturing of products
regulated in accordance with this Act; and
``(2) carry out other functions and activities as the
Secretary determines to be necessary to carry out this section.
``(d) Abraham Accords Country Defined.--In this section, the term
`Abraham Accords country' means a country identified by the Department
of State as having signed the Abraham Accords Declaration.
``(e) National Security.--Nothing in this section shall be construed
to require any action inconsistent with a national security
recommendation provided by the Federal Government.''.
(b) Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Congress a report on the Abraham
Accords Office, including--
(A) an evaluation of how the Office has advanced
progress toward conformance with Food and Drug
Administration regulatory requirements by manufacturers
in the Abraham Accords countries;
(B) a numerical count of parties that the Office has
helped facilitate interactions or feedback pursuant to
section 1015(c)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a));
(C) a summary of technical assistance provided to
regulatory partners in Abraham Accords countries
pursuant to subparagraph (A) of such section 1015(c)(1);
and
(D) recommendations for increasing and improving
coordination between the Food and Drug Administration
and entities in Abraham Accords countries.
[[Page 140 STAT. 703]]
(2) Abraham accords country defined.--In this subsection,
the term ``Abraham Accords country'' has the meaning given such
term in section 1015(d) of the Federal Food, Drug, and Cosmetic
Act (as added by subsection (a)).
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
SEC. 6701. OVERSIGHT OF PHARMACY BENEFIT MANAGEMENT SERVICES.
(a) Public Health Service Act.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-11. <<NOTE: 42 USC 300gg-121.>> OVERSIGHT OF ENTITIES
THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) <<NOTE: Effective date. Contracts.>> In General.--For plan
years beginning on or after the date that is 30 months after the date of
enactment of this section (referred to in this subsection and subsection
(b) as the `effective date'), a group health plan or a health insurance
issuer offering group health insurance coverage, or an entity providing
pharmacy benefit management services on behalf of such a plan or issuer,
shall not enter into a contract, including an extension or renewal of a
contract, entered into on or after the effective date, with an
applicable entity unless such applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through a
health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on behalf
of a group health plan or health insurance issuer offering group
health insurance coverage from making the reports described in
subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or health
insurance issuer relevant information necessary to make the
reports described in subsection (b).
``(b) Reports.--
``(1) <<NOTE: Contracts. Time periods.>> In general.--For
plan years beginning on or after the effective date, in the case
of any contract between a group health plan or a health
insurance issuer offering group health insurance coverage
offered in connection with such a plan and an entity providing
pharmacy benefit management services on behalf of such plan or
issuer, including an extension or renewal of such a contract,
entered into on or after the effective date, the entity
providing pharmacy benefit management services on behalf of such
a group health plan or health insurance issuer, not less
frequently than every 6 months (or, at the request of a group
health plan, not less frequently than quarterly, and under the
same conditions, terms, and cost of the semiannual report under
this subsection), shall submit to the group health plan a report
in accordance with this section. Each such report shall be made
available to such group health plan in plain language, in a
machine-readable format, and as the Secretary may determine,
other formats. Each such
[[Page 140 STAT. 704]]
report shall include the information described in paragraph (2).
``(2) Information described.--For purposes of paragraph (1),
the information described in this paragraph is, with respect to
drugs covered by a group health plan or group health insurance
coverage offered by a health insurance issuer in connection with
a group health plan during each reporting period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on such
list--
``(I) the contracted compensation
paid by the group health plan or health
insurance issuer for each covered drug
(identified by the National Drug Code)
to the entity providing pharmacy benefit
management services or other applicable
entity on behalf of the group health
plan or health insurance issuer;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan or
health insurance issuer, for each
covered drug (identified by the National
Drug Code);
``(III) for each such claim, the
difference between the amount paid under
subclause (I) and the amount paid under
subclause (II);
``(IV) the proprietary name,
established name or proper name, and the
National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of the
drug for which a claim was filed, the
type of dispensing channel used to
furnish the drug, including retail, mail
order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case of a
brand name drug, the
wholesale acquisition cost,
listed as cost per days
supply and cost per dosage
unit, on the date such drug
was dispensed; and
``(BB) in the case of a
generic drug, the average
wholesale price, listed as
cost per days supply and
cost per dosage unit, on the
date such drug was
dispensed; and
``(bb) the total number of--
``(AA) prescription
claims (including original
prescriptions and refills);
[[Page 140 STAT. 705]]
``(BB) participants and
beneficiaries for whom a
claim for such drug was
filed through the applicable
dispensing channel;
``(CC) dosage units and
dosage units per fill of
such drug; and
``(DD) days supply of
such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
or coverage after rebates, fees,
alternative discounts, or other
remuneration received from applicable
entities;
``(VIII) the total amount of out-of-
pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage,
or for which no claim is submitted under
the plan or coverage;
``(IX) the total net spending on the
drug;
``(X) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts, or
other remuneration;
``(XI) the total amount received, or
expected to be received, by the entity
providing pharmacy benefit management
services, from applicable entities, in
rebates, fees, alternative discounts, or
other remuneration from such entities--
``(aa) for claims incurred
during the reporting period; and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan
or coverage;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan or health
insurance coverage during the reporting period,
and, with respect to each such therapeutic class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy
[[Page 140 STAT. 706]]
benefit management services, from
applicable entities, in rebates, fees,
alternative discounts, or other
remuneration from such entities--
``(aa) for claims incurred
during the reporting period; and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan or by the issuer with respect
to such coverage and its participants
and beneficiaries, among all drugs
within the therapeutic class for which a
claim was filed during the reporting
period;
``(V) the number of participants and
beneficiaries who filled a prescription
for a drug in such class, including the
National Drug Code for each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan or coverage by
participants and beneficiaries,
including spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage
or for which no claim is submitted under
the plan or coverage;
``(iii) with respect to any drug for which
gross spending under the group health plan or
health insurance coverage exceeded $10,000 during
the reporting period or, in the case that gross
spending under the group health plan or coverage
exceeded $10,000 during the reporting period with
respect to fewer than 50 drugs, with respect to
the 50 prescription drugs with the highest
spending during the reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such drug;
``(II) if applicable, the rationale
for the formulary placement of such drug
in that therapeutic category or class,
selected from a list of standard
rationales established by the Secretary,
in consultation with stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan or issuer
(or an entity providing pharmacy benefit
management services on behalf of such plan or
issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory mail
and specialty home delivery programs, retail and
mail auto-refill programs, and cost sharing
assistance incentives funded by an entity
providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan or coverage to fill
[[Page 140 STAT. 707]]
prescriptions at mail order, specialty,
or retail pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan or coverage;
and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan or coverage, and, with
respect to each drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply (as
applicable) to the plan or
issuer, and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan or issuer,
and the interquartile range of
the costs, per dosage unit, per
30-day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan or
coverage;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan or coverage
and to participants and
beneficiaries, that is available
from any pharmacy included in
the network of such plan or
coverage; and
``(dd) the net acquisition
cost per dosage unit, per 30-day
supply, and per 90-day supply,
if such drug is subject to a
maximum price discount; and
``(B) with respect to any group health plan,
including group health insurance coverage offered in
connection with such a plan, regardless of whether the
plan or coverage is offered by a specified large
employer or whether it is a specified large plan--
``(i) a summary document for the group health
plan that includes such information described in
clauses (i) through (iv) of subparagraph (A), as
specified by the Secretary through guidance,
program instruction, or otherwise (with no
requirement of notice and comment rulemaking),
that the Secretary determines useful to group
health plans for purposes of selecting pharmacy
benefit management services, such as an estimated
net price to group health plan and participant or
beneficiary, a cost per claim, the fee structure
or reimbursement model, and estimated cost per
participant or beneficiary;
``(ii) a summary document for plans and
issuers to provide to participants and
beneficiaries, which shall be made available to
participants or beneficiaries upon request to
their group health plan (including in the case of
group health insurance coverage offered in
connection with such a plan), that--
[[Page 140 STAT. 708]]
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified by
the Secretary through guidance, program
instruction, or otherwise (with no
requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or coverage or benefits under
such plan or coverage;
``(II) contains only aggregate
information; and
``(III) states that participants and
beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan or health insurance
issuer; and
``(iii) with respect to drugs covered by such
plan or coverage during such reporting period--
``(I) the total net spending by the
plan or coverage for all such drugs;
``(II) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts, or
other remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly in
rebates, fees, or any other type of compensation
(as defined in section 408(b)(2)(B)(ii)(dd)(AA) of
the Employee Retirement Income Security Act) to
brokerage firms, brokers, consultants, advisors,
or any other individual or firm, for--
``(I) the referral of the group
health plan's or health insurance
issuer's business to an entity providing
pharmacy benefit management services,
including the identity of the recipient
of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity
by the group health plan or health
insurance issuer;
``(v) an explanation of any benefit design
parameters that encourage or require participants
and beneficiaries in such plan or coverage to fill
prescriptions at mail order, specialty, or retail
pharmacies that are affiliated with or under
common ownership with the entity providing
pharmacy benefit management services under such
plan or coverage, including mandatory mail and
specialty home delivery programs, retail and mail
auto-refill programs, and cost-sharing assistance
incentives directly or indirectly funded by such
entity; and
[[Page 140 STAT. 709]]
``(vi) total gross spending on all drugs under
the plan or coverage during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
<<NOTE: Effective date. Reports.>> In the case of group health
insurance coverage offered in connection with a group health
plan that is offered by a specified large employer or is a
specified large plan, such group health plan may, on an annual
basis, for plan years beginning on or after the date that is 30
months after the date of enactment of this section, elect to
require an entity providing pharmacy benefit management services
on behalf of the health insurance issuer to submit to such group
health plan a report that includes all of the information
described in paragraph (2)(A), in addition to the information
described in paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan or a health insurance issuer offering group health
insurance coverage shall report information under
paragraph (1) in a manner consistent with the privacy
regulations promulgated under section 13402(a) of the
Health Information Technology for Economic and Clinical
Health Act and consistent with the privacy regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 in part 160 and subparts A
and E of part 164 of title 45, Code of Federal
Regulations (or successor regulations) (referred to in
this paragraph as the `HIPAA privacy regulations') and
shall restrict the use and disclosure of such
information according to such privacy regulations and
such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf of
a group health plan or health insurance issuer
offering group health insurance coverage that
submits a report under paragraph (1) shall ensure
that such report contains only summary health
information, as defined in section 164.504(a) of
title 45, Code of Federal Regulations (or
successor regulations).
``(ii) <<NOTE: Compliance.>> Restrictions.--In
carrying out this subsection, a group health plan
shall comply with section 164.504(f) of title 45,
Code of Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission of
protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any Federal
or State privacy or civil rights law, including
the HIPAA privacy regulations, the Genetic
Information Nondiscrimination Act
[[Page 140 STAT. 710]]
of 2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), section 1557 of the Patient
Protection and Affordable Care Act (42 U.S.C.
18116), title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d), and title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans, including with respect to group health insurance
coverage offered in connection with a group health plan,
shall provide to each participant or beneficiary written
notice informing the participant or beneficiary of the
requirement for entities providing pharmacy benefit
management services on behalf of the group health plan
or health insurance issuer offering group health
insurance coverage to submit reports to group health
plans under paragraph (1), as applicable, which may
include incorporating such notification in plan
documents provided to the participant or beneficiary, or
providing individual notification.
``(E) <<NOTE: Disclosure.>> Limitation to business
associates.--A group health plan receiving a report
under paragraph (1) may disclose such information only
to the entity from which the report was received or to
that entity's business associates as defined in section
160.103 of title 45, Code of Federal Regulations (or
successor regulations) or as permitted by the HIPAA
privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services on
behalf of a group health plan or health insurance issuer
offering group health insurance coverage, from placing
reasonable restrictions on the public disclosure of the
information contained in a report described in paragraph
(1), except that such plan, issuer, or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services, the
Department of Labor, or the Department of the
Treasury; or
``(ii) prevent disclosure for the purposes of
subsection (c), or any other public disclosure
requirement under this section.
``(G) <<NOTE: Regulations.>> Limited form of
report.--The Secretary shall define through rulemaking a
limited form of the report under paragraph (1) required
with respect to any group health plan established by a
plan sponsor that is, or is affiliated with, a drug
manufacturer, drug wholesaler, or other direct
participant in the drug supply chain, in order to
prevent anti-competitive behavior.
``(5) <<NOTE: Deadline.>> Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans and health insurance
issuers offering group health insurance coverage, to
submit reports required under paragraph (1).
[[Page 140 STAT. 711]]
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under this
section with the reporting requirements under section
2799A-10.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect to group
health insurance coverage offered in connection with a group health
plan, upon request of a participant or beneficiary, shall provide to
such participant or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) <<NOTE: Penalties.>> Enforcement.--
``(1) In general.--The Secretary shall enforce this section.
The enforcement <<NOTE: Applicability.>> authority under this
subsection shall apply only with respect to group health plans
(including group health insurance coverage offered in connection
with such a plan) to which the requirements of subparts I and II
of part A and part D apply in accordance with section 2722, and
with respect to entities providing pharmacy benefit management
services on behalf of such plans and applicable entities
providing services on behalf of such plans.
``(2) Failure to provide information.--A group health plan,
a health insurance issuer offering group health insurance
coverage, an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, or an applicable
entity providing services on behalf of such a plan or issuer
that violates subsection (a); an entity providing pharmacy
benefit management services on behalf of such a plan or issuer
that fails to provide the information required under subsection
(b); or a group health plan that fails to provide the
information required under subsection (c), shall be subject to a
civil monetary penalty in the amount of $10,000 for each day
during which such violation continues or such information is not
disclosed or reported.
``(3) False information.--A health insurance issuer, an
entity providing pharmacy benefit management services, or a
third party administrator providing services on behalf of such
issuer offered by a health insurance issuer that knowingly
provides false information under this section shall be subject
to a civil monetary penalty in an amount not to exceed $100,000
for each item of false information. Such civil monetary penalty
shall be in addition to other penalties as may be prescribed by
law.
``(4) <<NOTE: Applicability.>> Procedure.--The provisions of
section 1128A of the Social Security Act, other than subsections
(a) and (b) and the first sentence of subsection (c)(1) of such
section shall apply to civil monetary penalties under this
subsection in the same manner as such provisions apply to a
penalty or proceeding under such section.
[[Page 140 STAT. 712]]
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
the requirements in this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, entity
providing pharmacy benefit management services on behalf of a group
health plan or health insurance issuer, or other entity to restrict
disclosure to, or otherwise limit the access of, the Secretary to a
report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), (c), or (d) by such issuer, plan,
or entity.
``(f) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit management
services on behalf of such a plan or issuer, or any
entity described in subparagraph (A); or
``(C) such other entity as the Secretary may specify
through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan
or health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated before the application of rebates, fees,
alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the meaning
given such term in section 3(16)(B) of the Employee Retirement
Income Security Act of 1974.
``(7) Remuneration.--The term `remuneration' has the meaning
given such term by the Secretary through rulemaking, which shall
be reevaluated by the Secretary every 5 years.
[[Page 140 STAT. 713]]
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in connection
with such a plan) established or maintained by a single
employer, with respect to a calendar year or a plan year, as
applicable, an employer who employed an average of at least 100
employees on business days during the preceding calendar year or
plan year and who employs at least 1 employee on the first day
of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large plan'
means a group health plan (including group health insurance
coverage offered in connection with such a plan) established or
maintained by a plan sponsor described in clause (ii) or (iii)
of section 3(16)(B) of the Employee Retirement Income Security
Act of 1974 that had an average of at least 100 participants on
business days during the preceding calendar year or plan year,
as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D''; and
(ii) in paragraph (2), by inserting ``(other
than section 2799A-11)'' after ``part D''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D'';
(ii) in paragraph (2)(A), by inserting
``(other than section 2799A-11)'' after ``part
D''; and
(iii) in paragraph (2)(C)(ii), by inserting
``(other than section 2799A-11)'' after ``part
D''.
(b) Employee Retirement Income Security Act of 1974.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.)
is amended--
(A) in subpart B of part 7 (29 U.S.C. 1185 et seq.),
by adding at the end the following:
``SEC. 726. <<NOTE: 29 USC 1185o.>> OVERSIGHT OF ENTITIES THAT
PROVIDE PHARMACY BENEFIT MANAGEMENT
SERVICES.
``(a) <<NOTE: Effective date. Contracts.>> In General.--For plan
years beginning on or after the date that is 30 months after the date of
enactment of this section (referred to in this subsection and subsection
(b) as the `effective date'), a group health plan or a health insurance
issuer offering group health insurance coverage, or an entity providing
pharmacy benefit management services on behalf of such a plan or issuer,
shall not enter into a contract, including an extension or renewal of a
contract, entered into on or after the effective date, with an
applicable entity unless such applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through a
health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on behalf
of a group health plan or health insurance issuer offering
[[Page 140 STAT. 714]]
group health insurance coverage from making the reports
described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or health
insurance issuer relevant information necessary to make the
reports described in subsection (b).
``(b) Reports.--
``(1) <<NOTE: Contracts. Time periods.>> In general.--For
plan years beginning on or after the effective date, in the case
of any contract between a group health plan or a health
insurance issuer offering group health insurance coverage
offered in connection with such a plan and an entity providing
pharmacy benefit management services on behalf of such plan or
issuer, including an extension or renewal of such a contract,
entered into on or after the effective date, the entity
providing pharmacy benefit management services on behalf of such
a group health plan or health insurance issuer, not less
frequently than every 6 months (or, at the request of a group
health plan, not less frequently than quarterly, and under the
same conditions, terms, and cost of the semiannual report under
this subsection), shall submit to the group health plan a report
in accordance with this section. Each such report shall be made
available to such group health plan in plain language, in a
machine-readable format, and as the Secretary may determine,
other formats. Each such report shall include the information
described in paragraph (2).
``(2) Information described.--For purposes of paragraph (1),
the information described in this paragraph is, with respect to
drugs covered by a group health plan or group health insurance
coverage offered by a health insurance issuer in connection with
a group health plan during each reporting period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on such
list--
``(I) the contracted compensation
paid by the group health plan or health
insurance issuer for each covered drug
(identified by the National Drug Code)
to the entity providing pharmacy benefit
management services or other applicable
entity on behalf of the group health
plan or health insurance issuer;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan or
health insurance issuer, for each
covered drug (identified by the National
Drug Code);
``(III) for each such claim, the
difference between the amount paid under
subclause (I) and the amount paid under
subclause (II);
``(IV) the proprietary name,
established name or proper name, and the
National Drug Code;
[[Page 140 STAT. 715]]
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of the
drug for which a claim was filed, the
type of dispensing channel used to
furnish the drug, including retail, mail
order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case of a
brand name drug, the
wholesale acquisition cost,
listed as cost per days
supply and cost per dosage
unit, on the date such drug
was dispensed; and
``(BB) in the case of a
generic drug, the average
wholesale price, listed as
cost per days supply and
cost per dosage unit, on the
date such drug was
dispensed; and
``(bb) the total number of--
``(AA) prescription
claims (including original
prescriptions and refills);
``(BB) participants and
beneficiaries for whom a
claim for such drug was
filed through the applicable
dispensing channel;
``(CC) dosage units and
dosage units per fill of
such drug; and
``(DD) days supply of
such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
or coverage after rebates, fees,
alternative discounts, or other
remuneration received from applicable
entities;
``(VIII) the total amount of out-of-
pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage,
or for which no claim is submitted under
the plan or coverage;
``(IX) the total net spending on the
drug;
``(X) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts, or
other remuneration;
``(XI) the total amount received, or
expected to be received, by the entity
providing pharmacy benefit management
services, from applicable entities, in
rebates, fees, alternative discounts, or
other remuneration from such entities--
``(aa) for claims incurred
during the reporting period; and
[[Page 140 STAT. 716]]
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan
or coverage;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan or health
insurance coverage during the reporting period,
and, with respect to each such therapeutic class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period; and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan or by the issuer with respect
to such coverage and its participants
and beneficiaries, among all drugs
within the therapeutic class for which a
claim was filed during the reporting
period;
``(V) the number of participants and
beneficiaries who filled a prescription
for a drug in such class, including the
National Drug Code for each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan or coverage by
participants and beneficiaries,
including spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage
or for which no claim is submitted under
the plan or coverage;
``(iii) with respect to any drug for which
gross spending under the group health plan or
health insurance coverage exceeded $10,000 during
the reporting period or, in the case that gross
spending under the
[[Page 140 STAT. 717]]
group health plan or coverage exceeded $10,000
during the reporting period with respect to fewer
than 50 drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such drug;
``(II) if applicable, the rationale
for the formulary placement of such drug
in that therapeutic category or class,
selected from a list of standard
rationales established by the Secretary,
in consultation with stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan or issuer
(or an entity providing pharmacy benefit
management services on behalf of such plan or
issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory mail
and specialty home delivery programs, retail and
mail auto-refill programs, and cost sharing
assistance incentives funded by an entity
providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan or coverage to fill
prescriptions at mail order, specialty,
or retail pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan or coverage;
and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan or coverage, and, with
respect to each drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply (as
applicable) to the plan or
issuer, and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan or issuer,
and the interquartile range of
the costs, per dosage unit, per
30-day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan or
coverage;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan or coverage
and to participants and
beneficiaries, that is available
from any pharmacy included in
the network of such plan or
coverage; and
``(dd) the net acquisition
cost per dosage unit, per 30-day
supply, and per 90-day
[[Page 140 STAT. 718]]
supply, if such drug is subject
to a maximum price discount; and
``(B) with respect to any group health plan,
including group health insurance coverage offered in
connection with such a plan, regardless of whether the
plan or coverage is offered by a specified large
employer or whether it is a specified large plan--
``(i) a summary document for the group health
plan that includes such information described in
clauses (i) through (iv) of subparagraph (A), as
specified by the Secretary through guidance,
program instruction, or otherwise (with no
requirement of notice and comment rulemaking),
that the Secretary determines useful to group
health plans for purposes of selecting pharmacy
benefit management services, such as an estimated
net price to group health plan and participant or
beneficiary, a cost per claim, the fee structure
or reimbursement model, and estimated cost per
participant or beneficiary;
``(ii) a summary document for plans and
issuers to provide to participants and
beneficiaries, which shall be made available to
participants or beneficiaries upon request to
their group health plan (including in the case of
group health insurance coverage offered in
connection with such a plan), that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified by
the Secretary through guidance, program
instruction, or otherwise (with no
requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or coverage or benefits under
such plan or coverage;
``(II) contains only aggregate
information; and
``(III) states that participants and
beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan or health insurance
issuer; and
``(iii) with respect to drugs covered by such
plan or coverage during such reporting period--
``(I) the total net spending by the
plan or coverage for all such drugs;
``(II) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts, or
other remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly in
rebates, fees, or any other type of compensation
(as defined
[[Page 140 STAT. 719]]
in section 408(b)(2)(B)(ii)(dd)(AA)) to brokerage
firms, brokers, consultants, advisors, or any
other individual or firm, for--
``(I) the referral of the group
health plan's or health insurance
issuer's business to an entity providing
pharmacy benefit management services,
including the identity of the recipient
of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity
by the group health plan or health
insurance issuer;
``(v) an explanation of any benefit design
parameters that encourage or require participants
and beneficiaries in such plan or coverage to fill
prescriptions at mail order, specialty, or retail
pharmacies that are affiliated with or under
common ownership with the entity providing
pharmacy benefit management services under such
plan or coverage, including mandatory mail and
specialty home delivery programs, retail and mail
auto-refill programs, and cost-sharing assistance
incentives directly or indirectly funded by such
entity; and
``(vi) total gross spending on all drugs under
the plan or coverage during the reporting period.
``(3) <<NOTE: Time period. Effective date. Reports.>> Opt-in
for group health insurance coverage offered by a specified large
employer or that is a specified large plan.--In the case of
group health insurance coverage offered in connection with a
group health plan that is offered by a specified large employer
or is a specified large plan, such group health plan may, on an
annual basis, for plan years beginning on or after the date that
is 30 months after the date of enactment of this section, elect
to require an entity providing pharmacy benefit management
services on behalf of the health insurance issuer to submit to
such group health plan a report that includes all of the
information described in paragraph (2)(A), in addition to the
information described in paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan or a health insurance issuer offering group health
insurance coverage shall report information under
paragraph (1) in a manner consistent with the privacy
regulations promulgated under section 13402(a) of the
Health Information Technology for Economic and Clinical
Health Act (42 U.S.C. 17932(a)) and consistent with the
privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in
part 160 and subparts A and E of part 164 of title 45,
Code of Federal Regulations (or successor regulations)
(referred to in this paragraph as the `HIPAA privacy
regulations') and shall restrict the use and disclosure
of such information according to such privacy
regulations and such HIPAA privacy regulations.
``(B) Additional requirements.--
[[Page 140 STAT. 720]]
``(i) In general.--An entity providing
pharmacy benefit management services on behalf of
a group health plan or health insurance issuer
offering group health insurance coverage that
submits a report under paragraph (1) shall ensure
that such report contains only summary health
information, as defined in section 164.504(a) of
title 45, Code of Federal Regulations (or
successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply with
section 164.504(f) of title 45, Code of Federal
Regulations (or a successor regulation), and a
plan sponsor shall act in accordance with the
terms of the agreement described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission of
protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any Federal
or State privacy or civil rights law, including
the HIPAA privacy regulations, the Genetic
Information Nondiscrimination Act of 2008 (Public
Law 110-233) (including the amendments made by
such Act), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794),
section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116), title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d),
and title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans, including with respect to group health insurance
coverage offered in connection with a group health plan,
shall provide to each participant or beneficiary written
notice informing the participant or beneficiary of the
requirement for entities providing pharmacy benefit
management services on behalf of the group health plan
or health insurance issuer offering group health
insurance coverage to submit reports to group health
plans under paragraph (1), as applicable, which may
include incorporating such notification in plan
documents provided to the participant or beneficiary, or
providing individual notification.
``(E) <<NOTE: Disclosure.>> Limitation to business
associates.--A group health plan receiving a report
under paragraph (1) may disclose such information only
to the entity from which the report was received or to
that entity's business associates as defined in section
160.103 of title 45, Code of Federal Regulations (or
successor regulations) or as permitted by the HIPAA
privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services on
behalf of a group health plan or health insurance issuer
offering group health insurance coverage, from placing
reasonable restrictions on the public disclosure of the
[[Page 140 STAT. 721]]
information contained in a report described in paragraph
(1), except that such plan, issuer, or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services, the
Department of Labor, or the Department of the
Treasury; or
``(ii) prevent disclosure for the purposes of
subsection (c), or any other public disclosure
requirement under this section.
``(G) <<NOTE: Regulations.>> Limited form of
report.--The Secretary shall define through rulemaking a
limited form of the report under paragraph (1) required
with respect to any group health plan established by a
plan sponsor that is, or is affiliated with, a drug
manufacturer, drug wholesaler, or other direct
participant in the drug supply chain, in order to
prevent anti-competitive behavior.
``(5) <<NOTE: Deadlines.>> Standard format and
regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans and health insurance
issuers offering group health insurance coverage, to
submit reports required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under this
section with the reporting requirements under section
725.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect to group
health insurance coverage offered in connection with a group health
plan, upon request of a participant or beneficiary, shall provide to
such participant or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, entity
providing pharmacy benefit management services on behalf of a group
health plan or health insurance issuer, or other entity to restrict
disclosure to, or otherwise limit the access of, the Secretary to a
report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section or section
502(c)(13) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
[[Page 140 STAT. 722]]
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit management
services on behalf of such a plan or issuer, or any
entity described in subparagraph (A); or
``(C) such other entity as the Secretary may specify
through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan
or health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated before the application of rebates, fees,
alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the meaning
given such term in section 3(16)(B).
``(7) Remuneration.--The term `remuneration' has the meaning
given such term by the Secretary through rulemaking, which shall
be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in connection
with such a plan) established or maintained by a single
employer, with respect to a calendar year or a plan year, as
applicable, an employer who employed an average of at least 100
employees on business days during the preceding calendar year or
plan year and who employs at least 1 employee on the first day
of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large plan'
means a group health plan (including group health insurance
coverage offered in connection with such a plan) established or
maintained by a plan sponsor described in clause (ii) or (iii)
of section 3(16)(B) that had an average of at least 100
participants on business days during the preceding calendar year
or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(B) in section 502 (29 U.S.C. 1132)--
[[Page 140 STAT. 723]]
(i) in subsection (a)(6), by striking ``or
(9)'' and inserting ``(9), or (13)'';
(ii) in subsection (b)(3), by striking ``under
subsection (c)(9)'' and inserting ``under
paragraphs (9) and (13) of subsection (c)''; and
(iii) in subsection (c), by adding at the end
the following:
``(13) <<NOTE: Penalties.>> Secretarial enforcement
authority relating to oversight of pharmacy benefit management
services.--
``(A) Failure to provide information.--The Secretary
may impose a penalty against a plan administrator of a
group health plan, a health insurance issuer offering
group health insurance coverage, or an entity providing
pharmacy benefit management services on behalf of such a
plan or issuer, or an applicable entity (as defined in
section 726(e)) that violates section 726(a); an entity
providing pharmacy benefit management services on behalf
of such a plan or issuer that fails to provide the
information required under section 726(b); or any person
who causes a group health plan to fail to provide the
information required under section 726(c), in the amount
of $10,000 for each day during which such violation
continues or such information is not disclosed or
reported.
``(B) False information.--The Secretary may impose a
penalty against a plan administrator of a group health
plan, a health insurance issuer offering group health
insurance coverage, an entity providing pharmacy benefit
management services, or an applicable entity (as defined
in section 726(e)) that knowingly provides false
information under section 726, in an amount not to
exceed $100,000 for each item of false information. Such
penalty shall be in addition to other penalties as may
be prescribed by law.
``(C) Waivers.--The Secretary may waive penalties
under subparagraph (A), or extend the period of time for
compliance with a requirement of this section, for an
entity in violation of section 726 that has made a good-
faith effort to comply with the requirements of section
726.''; and
(C) in section 732(a) (29 U.S.C. 1191a(a)), by
striking ``section 711'' and inserting ``sections 711
and 726''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following new item:
``Sec. 726. Oversight of entities that provide pharmacy benefit
management services.''.
(c) Internal Revenue Code of 1986.--
(1) In general.--Chapter 100 of the Internal Revenue Code of
1986 is amended--
(A) by adding at the end of subchapter B the
following:
``SEC. 9826. <<NOTE: 26 USC 9826.>> OVERSIGHT OF ENTITIES THAT
PROVIDE PHARMACY BENEFIT MANAGEMENT
SERVICES.
``(a) <<NOTE: Effective date. Contracts.>> In General.--For plan
years beginning on or after the date that is 30 months after the date of
enactment of this section (referred to in this subsection and subsection
(b) as the `effective
[[Page 140 STAT. 724]]
date'), a group health plan, or an entity providing pharmacy benefit
management services on behalf of such a plan, shall not enter into a
contract, including an extension or renewal of a contract, entered into
on or after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan in such a manner that prevents an entity
providing pharmacy benefit management services on behalf of a
group health plan from making the reports described in
subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan relevant
information necessary to make the reports described in
subsection (b).
``(b) Reports.--
``(1) <<NOTE: Contracts. Time periods.>> In general.--For
plan years beginning on or after the effective date, in the case
of any contract between a group health plan and an entity
providing pharmacy benefit management services on behalf of such
plan, including an extension or renewal of such a contract,
entered into on or after the effective date, the entity
providing pharmacy benefit management services on behalf of such
a group health plan, not less frequently than every 6 months
(or, at the request of a group health plan, not less frequently
than quarterly, and under the same conditions, terms, and cost
of the semiannual report under this subsection), shall submit to
the group health plan a report in accordance with this section.
Each such report shall be made available to such group health
plan in plain language, in a machine-readable format, and as the
Secretary may determine, other formats. Each such report shall
include the information described in paragraph (2).
``(2) Information described.--For purposes of paragraph (1),
the information described in this paragraph is, with respect to
drugs covered by a group health plan during each reporting
period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on such
list--
``(I) the contracted compensation
paid by the group health plan for each
covered drug (identified by the National
Drug Code) to the entity providing
pharmacy benefit management services or
other applicable entity on behalf of the
group health plan;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan, for
each covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid under
subclause (I) and the amount paid under
subclause (II);
[[Page 140 STAT. 725]]
``(IV) the proprietary name,
established name or proper name, and the
National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of the
drug for which a claim was filed, the
type of dispensing channel used to
furnish the drug, including retail, mail
order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case of a
brand name drug, the
wholesale acquisition cost,
listed as cost per days
supply and cost per dosage
unit, on the date such drug
was dispensed; and
``(BB) in the case of a
generic drug, the average
wholesale price, listed as
cost per days supply and
cost per dosage unit, on the
date such drug was
dispensed; and
``(bb) the total number of--
``(AA) prescription
claims (including original
prescriptions and refills);
``(BB) participants and
beneficiaries for whom a
claim for such drug was
filed through the applicable
dispensing channel;
``(CC) dosage units and
dosage units per fill of
such drug; and
``(DD) days supply of
such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
after rebates, fees, alternative
discounts, or other remuneration
received from applicable entities;
``(VIII) the total amount of out-of-
pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan, or for which
no claim is submitted under the plan;
``(IX) the total net spending on the
drug;
``(X) the total amount received, or
expected to be received, by the plan
from any applicable entity in rebates,
fees, alternative discounts, or other
remuneration;
``(XI) the total amount received, or
expected to be received, by the entity
providing pharmacy benefit management
services, from applicable entities, in
rebates, fees, alternative discounts, or
other remuneration from such entities--
``(aa) for claims incurred
during the reporting period; and
[[Page 140 STAT. 726]]
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan during the
reporting period, and, with respect to each such
therapeutic class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period; and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan and its participants and
beneficiaries, among all drugs within
the therapeutic class for which a claim
was filed during the reporting period;
``(V) the number of participants and
beneficiaries who filled a prescription
for a drug in such class, including the
National Drug Code for each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan by participants
and beneficiaries, including spending
through copayments, coinsurance, and
deductibles, but not including any
amounts spent by participants and
beneficiaries on drugs not covered under
the plan or for which no claim is
submitted under the plan;
``(iii) with respect to any drug for which
gross spending under the group health plan
exceeded $10,000 during the reporting period or,
in the case that gross spending under the group
health plan exceeded $10,000 during the reporting
period with respect to fewer than 50 drugs, with
respect to the 50 prescription drugs
[[Page 140 STAT. 727]]
with the highest spending during the reporting
period--
``(I) a list of all other drugs in
the same therapeutic class as such drug;
``(II) if applicable, the rationale
for the formulary placement of such drug
in that therapeutic category or class,
selected from a list of standard
rationales established by the Secretary,
in consultation with stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan (or an
entity providing pharmacy benefit management
services on behalf of such plan) has an affiliated
pharmacy or pharmacy under common ownership,
including mandatory mail and specialty home
delivery programs, retail and mail auto-refill
programs, and cost sharing assistance incentives
funded by an entity providing pharmacy benefit
services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan to fill prescriptions at
mail order, specialty, or retail
pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan; and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan, and, with respect to each
drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply (as
applicable) to the plan, and to
participants and beneficiaries;
``(bb) the median amount
charged to such plan, and the
interquartile range of the
costs, per dosage unit, per 30-
day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan and to
participants and beneficiaries,
that is available from any
pharmacy included in the network
of such plan; and
``(dd) the net acquisition
cost per dosage unit, per 30-day
supply, and per 90-day supply,
if such drug is subject to a
maximum price discount; and
``(B) with respect to any group health plan,
regardless of whether the plan is offered by a specified
large employer or whether it is a specified large plan--
[[Page 140 STAT. 728]]
``(i) a summary document for the group health
plan that includes such information described in
clauses (i) through (iv) of subparagraph (A), as
specified by the Secretary through guidance,
program instruction, or otherwise (with no
requirement of notice and comment rulemaking),
that the Secretary determines useful to group
health plans for purposes of selecting pharmacy
benefit management services, such as an estimated
net price to group health plan and participant or
beneficiary, a cost per claim, the fee structure
or reimbursement model, and estimated cost per
participant or beneficiary;
``(ii) a summary document for plans to provide
to participants and beneficiaries, which shall be
made available to participants or beneficiaries
upon request to their group health plan, that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified by
the Secretary through guidance, program
instruction, or otherwise (with no
requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or benefits under such plan;
``(II) contains only aggregate
information; and
``(III) states that participants and
beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan; and
``(iii) with respect to drugs covered by such
plan during such reporting period--
``(I) the total net spending by the
plan for all such drugs;
``(II) the total amount received, or
expected to be received, by the plan
from any applicable entity in rebates,
fees, alternative discounts, or other
remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly in
rebates, fees, or any other type of compensation
(as defined in section 408(b)(2)(B)(ii)(dd)(AA) of
the Employee Retirement Income Security Act (29
U.S.C. 1108(b)(2)(B)(ii)(dd)(AA))) to brokerage
firms, brokers, consultants, advisors, or any
other individual or firm, for--
``(I) the referral of the group
health plan's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
[[Page 140 STAT. 729]]
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan; or
``(III) the retention of the entity
by the group health plan;
``(v) an explanation of any benefit design
parameters that encourage or require participants
and beneficiaries in such plan to fill
prescriptions at mail order, specialty, or retail
pharmacies that are affiliated with or under
common ownership with the entity providing
pharmacy benefit management services under such
plan, including mandatory mail and specialty home
delivery programs, retail and mail auto-refill
programs, and cost-sharing assistance incentives
directly or indirectly funded by such entity; and
``(vi) total gross spending on all drugs under
the plan during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
<<NOTE: Effective date. Reports.>> In the case of group health
insurance coverage offered in connection with a group health
plan that is offered by a specified large employer or is a
specified large plan, such group health plan may, on an annual
basis, for plan years beginning on or after the date that is 30
months after the date of enactment of this section, elect to
require an entity providing pharmacy benefit management services
on behalf of the health insurance issuer to submit to such group
health plan a report that includes all of the information
described in paragraph (2)(A), in addition to the information
described in paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan shall report information under paragraph (1) in a
manner consistent with the privacy regulations
promulgated under section 13402(a) of the Health
Information Technology for Economic and Clinical Health
Act (42 U.S.C. 17932(a)) and consistent with the privacy
regulations promulgated under the Health Insurance
Portability and Accountability Act of 1996 in part 160
and subparts A and E of part 164 of title 45, Code of
Federal Regulations (or successor regulations) (referred
to in this paragraph as the `HIPAA privacy regulations')
and shall restrict the use and disclosure of such
information according to such privacy regulations and
such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf of
a group health plan that submits a report under
paragraph (1) shall ensure that such report
contains only summary health information, as
defined in section 164.504(a) of title 45, Code of
Federal Regulations (or successor regulations).
``(ii) <<NOTE: Compliance.>> Restrictions.--In
carrying out this subsection, a group health plan
shall comply with section 164.504(f) of title 45,
Code of Federal Regulations (or a successor
regulation), and a plan sponsor shall act
[[Page 140 STAT. 730]]
in accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission of
protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any Federal
or State privacy or civil rights law, including
the HIPAA privacy regulations, the Genetic
Information Nondiscrimination Act of 2008 (Public
Law 110-233) (including the amendments made by
such Act), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794),
section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116), title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d),
and title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan to submit reports to group health plans
under paragraph (1), as applicable, which may include
incorporating such notification in plan documents
provided to the participant or beneficiary, or providing
individual notification.
``(E) <<NOTE: Disclosure.>> Limitation to business
associates.--A group health plan receiving a report
under paragraph (1) may disclose such information only
to the entity from which the report was received or to
that entity's business associates as defined in section
160.103 of title 45, Code of Federal Regulations (or
successor regulations) or as permitted by the HIPAA
privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services on
behalf of a group health plan, from placing reasonable
restrictions on the public disclosure of the information
contained in a report described in paragraph (1), except
that such plan or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services, the
Department of Labor, or the Department of the
Treasury; or
``(ii) prevent disclosure for the purposes of
subsection (c), or any other public disclosure
requirement under this section.
``(G) <<NOTE: Regulations.>> Limited form of
report.--The Secretary shall define through rulemaking a
limited form of the report under paragraph (1) required
with respect to any group health plan established by a
plan sponsor that is, or is affiliated with, a drug
manufacturer, drug wholesaler, or other direct
participant in the drug supply chain, in order to
prevent anti-competitive behavior.
``(5) <<NOTE: Deadline.>> Standard format and regulations.--
[[Page 140 STAT. 731]]
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans, to submit reports
required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under this
section with the reporting requirements under section
9825.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, upon request of a participant or
beneficiary, shall provide to such participant or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan, entity
providing pharmacy benefit management services on behalf of a group
health plan or health insurance issuer, or other entity to restrict
disclosure to, or otherwise limit the access of, the Secretary to a
report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section or section
4980D(g) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit management
services on behalf of such a plan or issuer, or any
entity described in subparagraph (A); or
``(C) such other entity as the Secretary may specify
through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
[[Page 140 STAT. 732]]
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan,
means the amount spent by a group health plan on prescription
drug benefits, calculated before the application of rebates,
fees, alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan, means
the amount spent by a group health plan on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the meaning
given such term in section 3(16)(B) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(16)(B)).
``(7) Remuneration.--The term `remuneration' has the meaning
given such term by the Secretary, through rulemaking, which
shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
established or maintained by a single employer, with respect to
a calendar year or a plan year, as applicable, an employer who
employed an average of at least 100 employees on business days
during the preceding calendar year or plan year and who employs
at least 1 employee on the first day of the calendar year or
plan year.
``(9) Specified large plan.--The term `specified large plan'
means a group health plan established or maintained by a plan
sponsor described in clause (ii) or (iii) of section 3(16)(B) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(16)(B)) that had an average of at least 100 participants on
business days during the preceding calendar year or plan year,
as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(2) Exception for certain group health plans.--Section
9831(a)(2) of the Internal Revenue Code of <<NOTE: 26 USC
9831.>> 1986 is amended by inserting ``other than with respect
to section 9826,'' before ``any group health plan''.
(3) Enforcement.--Section 4980D of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 4980D.>> is amended by adding at the end
the following new subsection:
``(g) Application to Requirements Imposed on Certain Entities
Providing Pharmacy Benefit Management Services.--In the case of any
requirement under section 9826 that applies with respect to an entity
providing pharmacy benefit management services on behalf of a group
health plan, any reference in this section to such group health plan
(and the reference in subsection (e)(1) to the employer) shall be
treated as including a reference to such entity.''.
[[Page 140 STAT. 733]]
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of 1986
is <<NOTE: 26 USC prec. 9811.>> amended by adding at the end the
following new item:
``Sec. 9826. Oversight of entities that provide pharmacy benefit
management services.''.
SEC. 6702. <<NOTE: Remittances.>> FULL REBATE PASS THROUGH TO
PLAN; EXCEPTION FOR INNOCENT PLAN
FIDUCIARIES.
(a) In General.--Section 408(b)(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108(b)(2)) is amended--
(1) in subparagraph (B)(viii)--
(A) by redesignating subclauses (II) through (IV) as
subclauses (III) through (V), respectively;
(B) in subclause (I)--
(i) by striking ``subclause (II)'' and
inserting ``subclause (III)''; and
(ii) by striking ``subclauses (II) and (III)''
and inserting ``subclauses (III) and (IV)''; and
(C) by inserting after subclause (I) the following:
``(II) Pursuant to subsection (a), subparagraphs (C) and (D)
of section 406(a)(1) shall not apply to a responsible plan
fiduciary, notwithstanding any failure to remit required amounts
under subparagraph (C)(i), if the following conditions are met:
``(aa) The responsible plan fiduciary did not know
that the covered service provider failed or would fail
to make required remittances and reasonably believed
that the covered service provider remitted such required
amounts.
``(bb) The responsible plan fiduciary, upon
discovering that the covered service provider failed to
remit the required amounts, requests in writing that the
covered service provider remit such amounts.
``(cc) <<NOTE: Deadline. Notification.>> If the
covered service provider fails to comply with a written
request described in subclause (III) within 90 days of
the request, the responsible plan fiduciary notifies the
Secretary of the covered service provider's failure, in
accordance with subclauses (III) and (IV).''; and
(2) by adding at the end the following:
``(C)(i)(I) <<NOTE: Effective date. Contracts.>> For plan
years beginning on or after the date that is 30 months after the
date of enactment of this subparagraph (referred to in this
clause as the `effective date'), no contract or arrangement or
renewal or extension of a contract or arrangement, entered into
on or after the effective date, for services between a covered
plan and a covered service provider (or between a sponsor of a
covered plan and a covered service provider), through a health
insurance issuer offering group health insurance coverage, a
third-party administrator, an entity providing pharmacy benefit
management services, or other entity, for pharmacy benefit
management services, is reasonable within the meaning of this
paragraph unless such entity providing pharmacy benefit
management services--
``(aa) remits 100 percent of rebates, fees,
alternative discounts, and other remuneration received
from any applicable entity that are related to
utilization of drugs or drug spending under such health
plan or health insurance coverage, to the group health
plan or, in the case of a health insurance issuer
offering group health insurance
[[Page 140 STAT. 734]]
coverage in connection with a group health plan, to the
health insurance issuer offering group health insurance
coverage on behalf of the plan; and
``(bb) does not enter into any contract for pharmacy
benefit management services on behalf of such a plan or
coverage, with an applicable entity unless 100 percent
of rebates, fees, alternative discounts, and other
remuneration received under such contract that are
related to the utilization of drugs or drug spending
under such group health plan or health insurance
coverage are remitted to the group health plan or, in
the case of a health insurance issuer offering group
health insurance coverage in connection with a group
health plan, to the health insurance issuer on behalf of
the plan by the entity providing pharmacy benefit
management services.
``(II) <<NOTE: Applicability.>> Nothing in subclause (I)
shall be construed to affect the term of a contract or
arrangement, as in effect on the effective date (as described in
such subclause), except that such subclause shall apply to any
renewal or extension of such a contract or arrangement entered
into on or after such effective date, as so described.
``(ii) With respect to such rebates, fees, alternative discounts,
and other remuneration--
``(I) the rebates, fees, alternative discounts, and other
remuneration under clause (i)(I) shall be--
``(aa) <<NOTE: Deadlines.>> remitted--
``(AA) <<NOTE: Time period.>> on a quarterly
basis, to the group health plan or, in the case of
a health insurance issuer offering group health
insurance coverage in connection with a group
health plan, to the group health insurance issuer
on behalf of the plan, not later than 90 days
after the end of each quarter; or
``(BB) in the case of an underpayment in a
remittance for a prior quarter, as soon as
practicable, but not later than 90 days after
notice of the underpayment is first given;
``(bb) fully disclosed and enumerated to the group
health plan or health insurance issuer; and
``(cc) returned to the covered service provider for
pharmacy benefit management services on behalf of the
group health plan if any audit by a plan sponsor, issuer
or a third party designated by a plan sponsor, indicates
that the amounts received are in excess of correct
amounts after such amounts have been paid to the group
health plan, in the amount of such excess;
``(II) <<NOTE: Regulations.>> the Secretary may issue
regulations governing--
``(aa) <<NOTE: Procedures.>> procedures for the
remittance of rebates, fees, alternative discounts, and
other remuneration under subclause (I)(aa);
``(bb) <<NOTE: Audit.>> any audit pursuant to this
subparagraph; and
``(cc) the timing, manner, and content of the
disclosure of rebates, fees, alternative discounts, and
other remuneration under subclause (I)(bb) as well as
any other information the Secretary determines necessary
for the responsible plan fiduciary to consider the
reasonableness of the contract or arrangement (provided
that such information does not
[[Page 140 STAT. 735]]
include personally identifiable health information or
protected health information subject to established
individual privacy and nondiscrimination requirements
under law); and
``(III) <<NOTE: Records. Audit.>> the records of such
rebates, fees, alternative discounts, other remuneration, and
disclosures, shall be available for audit by the plan (or the
plan sponsor, issuer, or a third party designated by a plan
sponsor on behalf of the plan), not less than once per plan
year.
``(iii) <<NOTE: Deadline. Time period.>> To ensure that an entity
providing pharmacy benefit management services is able to meet the
requirements of clause (ii)(I), a rebate aggregator (or other purchasing
entity designed to aggregate rebates) and an applicable group purchasing
organization shall remit such rebates to the entity providing pharmacy
benefit management services not later than 45 days after the end of each
quarter.
``(iv) <<NOTE: Contracts. Determination.>> A third-party
administrator of a group health plan, a health insurance issuer offering
group health insurance coverage, or a covered service provider for
pharmacy benefit management services under such health plan or health
insurance coverage shall make rebate contracts with rebate aggregators
or drug manufacturers available for audit by such plan, subject to
reasonable restrictions (as determined by the Secretary) on
confidentiality to prevent re-disclosure of such contracts or use of
such information in audits for purposes unrelated to this section.
``(v) Audits carried out under clauses (ii)(III) and (iv) shall be
performed by an auditor selected by the responsible plan fiduciary.
Payment for such auditors shall not be made, whether directly or
indirectly, by the entity providing pharmacy benefit management
services.
``(vi) Nothing in this subparagraph shall be construed to--
``(I) prohibit reasonable payments to entities offering
pharmacy benefit management services for bona fide services
using a fee structure not described in this subparagraph,
provided that such fees are transparent and quantifiable to
group health plans and health insurance issuers;
``(II) require a third-party administrator of a group health
plan or covered service provider for pharmacy benefit management
services under such health plan or health insurance coverage to
remit bona fide service fees to the group health plan;
``(III) limit the ability of a group health plan or health
insurance issuer to pass through rebates, fees, alternative
discounts, and other remuneration to the participant or
beneficiary;
``(IV) modify the requirements for the creation, receipt,
maintenance, or transmission of protected health information
under the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in part 160
and subparts A and E of part 164 of title 45, Code of Federal
Regulations (or successor regulations); or
``(V) limit any requirement under subparagraph (A) or (B).
``(vii) For purposes of this subparagraph--
``(I) the terms `applicable entity' and `applicable group
purchasing organization' have the meanings given such terms in
section 726(e);
[[Page 140 STAT. 736]]
``(II) the terms `covered plan', `covered service provider',
and `responsible plan fiduciary' have the meanings given such
terms in subparagraph (B); and
``(III) the terms `group health insurance coverage', `health
insurance coverage', and `health insurance issuer' have the
meanings given such terms in section 733.''.
(b) <<NOTE: 29 USC 1108 note.>> Rule of Construction.--Subclause
(II)(aa) of section 408(b)(2)(B)(viii) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(viii)), as amended by
subsection (a), shall not be construed to relieve or limit a responsible
plan fiduciary from the duty to monitor the practices of any covered
service provider that contracts with the applicable covered plan,
including for the purposes of ensuring the reasonableness of
compensation. For purposes of this subsection, the terms ``covered
plan'', ``covered service provider'', and ``responsible plan fiduciary''
have the meanings given such terms in section 408(b)(2)(B)(ii) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)).
(c) Clarification of Covered Service Provider.--
(1) Services.--Section 408(b)(2)(B)(ii)(I)(bb) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(bb)) is amended--
(A) in subitem (AA) by striking ``Brokerage
services,'' and inserting ``Services (including
brokerage services),''; and
(B) in subitem (BB)--
(i) by striking ``Consulting,'' and inserting
``Other services,''; and
(ii) by striking ``related to the development
or implementation of plan design'' and all that
follows through the period at the end and
inserting ``including any of the following: plan
design, insurance or insurance product selection
(including vision and dental), recordkeeping,
medical management, benefits administration
selection (including vision and dental), stop-loss
insurance, pharmacy benefit management services,
wellness design and management services,
transparency tools, group purchasing organization
agreements and services, participation in and
services from preferred vendor panels, disease
management, compliance services, employee
assistance programs, or third-party administration
services, or consulting services related to any
such services.''.
(2) Certain arrangements for pharmacy benefit management
services considered as indirect.--
(A) In general.--Section 408(b)(2)(B)(i) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(i)) is amended--
(i) by striking ``requirements of this
clause'' and inserting ``requirements of this
subparagraph''; and
(ii) <<NOTE: Applicability. Contracts.>> by
adding at the end the following: ``For purposes of
applying section 406(a)(1)(C) with respect to a
transaction described under this subparagraph or
subparagraph (C), a contract or arrangement for
services between a covered plan and an entity
providing services to the plan, including a health
insurance issuer providing health insurance
coverage in connection with
[[Page 140 STAT. 737]]
the covered plan, in which such entity contracts,
in connection with such plan, with a service
provider for pharmacy benefit management services,
shall be considered an indirect furnishing of
goods, services, or facilities between the covered
plan and the service provider for pharmacy benefit
management services acting as the party in
interest.''.
(B) Exemption.--Section 408(b)(2)(B) (29 U.S.C.
1108(b)(2)(B)) of such Act is amended by adding at the
end the following:
``(x) A service provider for pharmacy benefit management
services that is considered to indirectly furnish goods,
services, or facilities to a covered plan, as described in
clause (i)(I), is entitled to relief with respect to a violation
of this section provided the conditions for receiving such
relief are satisfied.''.
(C) Health insurance issuer and health insurance
coverage defined.--Section 408(b)(2)(B)(ii)(I)(aa) of
such Act (29 U.S.C. 1108(b)(2)(B)(ii)(I)(aa)) is amended
by inserting before the period at the end ``and the
terms `health insurance coverage' and `health insurance
issuer' have the meanings given such terms in section
733(b)''.
(D) Technical amendment.--Section
408(b)(2)(B)(ii)(I)(aa) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(aa)) is amended by inserting ``in''
after ``defined''.
(E) Regulatory authority.--Section 408(b)(2)(B)(iii)
of such Act (29 U.S.C. 1108(b)(2)(B)(iii)) is amended,
in the matter preceding subclause (I), by inserting
``(in accordance with regulations issued by the
Secretary addressing time, manner, and content of such
disclosures)'', after ``following''.
SEC. 6703. INCREASING TRANSPARENCY IN GENERIC DRUG APPLICATIONS.
(a) In General.--Section 505(j)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the
following:
``(H)(i) <<NOTE: Determinations.>> Upon request (in controlled
correspondence or an analogous process) by a person that has submitted
or intends to submit an abbreviated application under this subsection
for a drug that is required by regulation to contain one or more of the
same inactive ingredients in the same concentrations as the listed drug
referred to, or for which the Secretary determines there is a scientific
justification for an approach that is in vitro, in whole or in part, to
be used to demonstrate bioequivalence for a drug if such a drug contains
one or more of the same inactive ingredients in the same concentrations
as the listed drug referred to, the Secretary shall inform the person
whether such drug is qualitatively and quantitatively the same as the
listed drug. The Secretary may also provide such information to such a
person on the Secretary's own initiative during the review of an
abbreviated application under this subsection for such drug.
``(ii) Notwithstanding section 301(j), if the Secretary determines
that such drug is not qualitatively or quantitatively the same as the
listed drug, the Secretary shall identify and disclose to the person--
[[Page 140 STAT. 738]]
``(I) the ingredient or ingredients that cause such drug not to be
qualitatively or quantitatively the same as the listed drug; and
``(II) for any ingredient for which there is an identified
quantitative deviation, the amount of such deviation.
``(iii) If the Secretary determines that such drug is qualitatively
and quantitatively the same as the listed drug, the Secretary shall not
change or rescind such determination after the submission of an
abbreviated application for such drug under this subsection unless--
``(I) the formulation of the listed drug has been changed and the
Secretary has determined that the prior listed drug formulation was
withdrawn for reasons of safety or effectiveness; or
``(II) the Secretary makes a written determination that the prior
determination must be changed because an error has been identified.
``(iv) <<NOTE: Notice. Record.>> If the Secretary makes a written
determination described in clause (iii)(II), the Secretary shall provide
notice and a copy of the written determination to the person making the
request under clause (i).
``(v) The disclosures authorized under clauses (i) and (ii) are
disclosures authorized by law, including for purposes of section 1905 of
title 18, United States Code. This subparagraph shall not otherwise be
construed to authorize the disclosure of nonpublic qualitative or
quantitative information about the ingredients in a listed drug, or to
affect the status, if any, of such information as trade secret or
confidential commercial information for purposes of section 301(j) of
this Act, section 552 of title 5, United States Code, or section 1905 of
title 18, United States Code.''.
(b) <<NOTE: 21 USC 355 note.>> Guidance.--
(1) <<NOTE: Deadline. Update. Determination.>> In general.--
Not later than one year after the date of enactment of this Act,
the Secretary of Health and Human Services shall issue draft
guidance, or update guidance, describing how the Secretary will
determine whether a drug is qualitatively and quantitatively the
same as the listed drug (as such terms are used in section
505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as
added by subsection (a)), including with respect to assessing pH
adjusters.
(2) <<NOTE: Publications.>> Process.--In issuing guidance
under this subsection, the Secretary of Health and Human
Services shall--
(A) publish draft guidance;
(B) <<NOTE: Comment period.>> provide a period of at
least 60 days for comment on the draft guidance; and
(C) <<NOTE: Deadline.>> after considering any
comments received and not later than one year after the
close of the comment period on the draft guidance,
publish final guidance.
[[Page 140 STAT. 739]]
(c) <<NOTE: 21 USC 355 note.>> Applicability.--Section 505(j)(3)(H)
of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a),
applies beginning on the date of enactment of this Act, irrespective of
the date on which the guidance required by subsection (b) is finalized.
Approved February 3, 2026.
LEGISLATIVE HISTORY--H.R. 7148:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 172 (2026):
Jan. 22, considered and passed House.
Jan. 30, considered and passed Senate, amended.
Feb. 3, House considered and concurred in Senate amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2026):
Feb. 3, Presidential remarks.
<all>