H.R. 4366: Consolidated Appropriations Act, 2024


Quick Facts:

Bill Sponsor: Rep. John Carter (R-TX-31)

Congress: 118

Date Introduced: June 27, 2023

Last Action: Became Public Law No: 118-42. (March 9, 2024)

View on Congress.gov

Consolidated Appropriations Act, 2024

This act provides FY2024 appropriations for several federal departments and agencies. It also extends several expiring programs and authorities, including various public health programs.

Specifically, the act includes 6 of the 12 regular FY2024 appropriations bills:

  • the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024;
  • the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024;
  • the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024;
  • the Energy and Water Development and Related Agencies Appropriations Act, 2024;
  • the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024; and
  • the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024.

The act also modifies the Compacts of Free Association that govern the relationship between the United States and the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.

(Sec. 3) This section provides that references to this Act included in any division of this act refer only to the provisions of that division unless the act expressly provides otherwise.

(Sec. 4) This section provides that the explanatory statement regarding this act that was printed in the Congressional Record has the same effect as a joint explanatory statement of a conference committee.

(Sec. 5) This section specifies that the sums in this act are appropriated for FY2024.

(Sec. 6) This section specifies that funds designated by this act as emergency spending are only available if the President subsequently designates all of the funds as emergency spending and transmits the designations to Congress.

DIVISION A--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024

This division provides FY2024 appropriations for military construction, the Department of Veterans Affairs, and related agencies.

TITLE I--DEPARTMENT OF DEFENSE

This title provides appropriations to the Department of Defense (DOD) for Military Construction for

  • the Army;
  • the Navy and Marine Corps;
  • the Air Force;
  • Defense-Wide agencies and activities (other than military departments);
  • the Army and Air National Guard; and
  • the Army, Navy, and Air Force Reserves.

The title also provides appropriations to DOD for the (1) North Atlantic Treaty Organization (NATO) Security Investment Program, and (2) the DOD Base Closure Account.

The title provides appropriations to DOD for Construction and Operation and Maintenance of Family Housing for

  • the Army,
  • the Navy and Marine Corps,
  • the Air Force, and
  • Defense-Wide agencies and activities (other than military departments).

The title provides appropriations to DOD for (1) the Family Housing Improvement Fund, and (2) the Military Unaccompanied Housing Improvement Fund.

(Sec. 101) This section prohibits funds provided by this title from being used for payments exceeding $25,000 under a cost-plus-a-fixed-fee contract for construction in the United States without a specific DOD approval in writing. The section includes an exception for work that is to be performed in Alaska.

(Sec. 102) This section permits construction funds provided by this title to be used for hiring passenger motor vehicles.

(Sec. 103) This section permits construction funds provided by this title to be used for advances to the Federal Highway Administration for the construction of access roads DOD has certified as important to national defense.

(Sec. 104) This section prohibits funds provided by this title from being used to begin construction of new bases in the United States without a specific appropriation.

(Sec. 105) This section prohibits funds provided by this title from being used to purchase land or land easements in excess of 100% of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command. The section includes exceptions for (1) determinations of value by a federal court, (2) purchases negotiated by the Department of Justice, (3) values less than $25,000, and (4) purchases that are otherwise determined by DOD to be in the public interest.

(Sec. 106) This section prohibits funds provided by this title from being used to acquire land, provide for site preparation, or install utilities for family housing, except housing for which appropriations have been provided.

(Sec. 107) This section prohibits funds provided by this title for minor construction from being used to transfer or relocate any activity from one base or installation to another without notifying Congress in advance.

(Sec. 108) This section prohibits funds provided by this title from being used to procure steel for construction unless American producers, fabricators, and manufacturers have been allowed to compete for the procurement.

(Sec. 109) This section prohibits funds provided to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign nation.

(Sec. 110) This section prohibits funds provided by this title from being used to initiate a new installation overseas without notifying Congress in advance.

(Sec. 111) This section prohibits funds provided by this title from being used for architect and engineer contracts estimated to exceed $500,000 for projects in Japan, NATO member countries, or countries bordering the Arabian Gulf unless the contracts are awarded to U.S. firms or U.S. firms in joint ventures with host nation firms.

(Sec. 112) This section prohibits funds provided by this title for military construction in U.S. territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, from being used to award a contract over $1 million to a foreign contractor. The section also includes exceptions.

(Sec. 113) This section requires DOD to notify Congress in advance of the plans and scope of any proposed military exercise involving U.S. personnel if the construction costs are anticipated to exceed $100,000.

(Sec. 114) This section permits funds appropriated to DOD for construction in prior years to be used for construction projects authorized during the current session of Congress.

(Sec. 115) This section permits expired or lapsed funds to be used to pay for supervision, inspection, overhead, engineering, and design costs for military construction or family housing projects being completed with lapsed or expired funds.

(Sec. 116) This section permits funds provided for the construction of military projects to be available for five years if the funds for the project (1) are obligated from funds available for military construction, and (2) do not exceed the amount appropriated or permitted by law for the project.

(Sec. 117) This section permits the following transfers if Congress is notified and specified conditions are met:

  • to the DOD Family Housing Improvement Fund from appropriations for construction in Family Housing accounts, and
  • to the DOD Military Unaccompanied Housing Improvement Fund from appropriations for construction of military unaccompanied housing in Military Construction accounts.

The section also specifies that the transferred funds shall be available for DOD loans or loan guarantees pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.

(Sec. 118) This section permits the transfer of funds from the DOD Base Closure Account to the fund established to pay expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1966.

(Sec. 119) This section specifies that funds for operation and maintenance of family housing in this title shall be the only source of funds for repair and maintenance of all family housing units, including general or flag officer quarters. It also sets forth limitations and requirements for expenditures for maintenance and repair of general or flag officer quarters.

(Sec. 120) This section appropriates funds contained in the Ford Island Improvement Account and permits the funds to remain available until expended or transferred.

(Sec. 121) This section permits the transfer of unobligated balances of expired military construction and family housing funds into the Foreign Currency Fluctuations--Construction--Defense account.

(Sec. 122) This section permits funds provided to an account in this title to be transferred among projects and activities within the account, subject to specified DOD reprogramming guidelines for military and family housing construction.

(Sec. 123) This section prohibits funds provided by this title from being used for the planning, design, and construction of projects at Arlington National Cemetery.

(Sec. 124) This section provides specified additional funds to remain available through FY2028 for unfunded military construction priorities.

(Sec. 125) This section requires specified military construction appropriations that are appropriated pursuant to authorizations in the National Defense Authorization Act for Fiscal Year 2024 to be immediately available and allotted to contract for the full scope of authorized projects.

(Sec. 126) This section permits specified funds to be obligated before October 1, 2025, for FY2017, FY2018, and FY2019 military construction projects for which the project authorizations have not lapsed or for which authorizations were extended for FY2024 by a National Defense Authorization Act.

(Sec. 127) This section defines congressional defense committees to include the House and Senate Armed Services Committees and Appropriations Subcommittees on Military Construction and Veterans Affairs.

(Sec. 128) This section provides additional appropriations for planning and design, and unspecified minor construction, for improving military installation resilience.

(Sec. 129) This section provides additional appropriations for planning and design and unspecified minor construction for construction improvements to DOD laboratory facilities.

(Sec. 130) This section provides additional military construction appropriations to the Air Force for expenses incurred as a result of natural disasters.

(Sec. 131) This section provides additional military construction appropriations to the Army, Navy and Marine Corps, and the Air Force for the planning and design of child development centers.

(Sec. 132) This section provides additional military construction appropriations to the Army, Navy and Marine Corps, and the Air Force for the planning and design of barracks.

(Sec. 133) This section provides additional appropriations to the Air Force for cost increases identified subsequent to the FY2024 budget request for authorized major construction projects.

(Sec. 134) This section provides additional appropriations for unspecified minor construction for demolition.

(Sec. 135) This section requires DOD to transfer specified funds from the Family Housing Improvement Fund to the Navy.

(Sec. 136) This section provides additional appropriations for military construction projects authorized by the National Defense Authorization Act for fiscal year 2024.

(Sec. 137) This section provides additional appropriations to the Air National Guard for planning and design and authorized major construction projects at future foreign military training sites.

(Sec. 138) This section prohibits funds provided by this division from being used to carry out the closure or realignment of the U.S. Naval Station at Guantanamo Bay, Cuba.

TITLE II--DEPARTMENT OF VETERANS AFFAIRS

This title provides appropriations to the Department of Veterans Affairs (VA). The VA budget includes both discretionary spending and mandatory spending (i.e., appropriated entitlements).

The title provides appropriations to the Veterans Benefits Administration (VBA) for

  • Compensation and Pensions,
  • Readjustment Benefits,
  • Veterans Insurance and Indemnities,
  • the Veterans Housing Benefit Program Fund,
  • the Vocational Rehabilitation Loans Program Account,
  • the Native American Veteran Housing Loan Program Account, and
  • General Operating Expenses.

The title provides appropriations to the Veterans Health Administration (VHA) for

  • Medical Services,
  • Medical Community Care,
  • Medical Support and Compliance,
  • Medical Facilities, and
  • Medical and Prosthetic Research.

The title provides appropriations to the National Cemetery Administration.

The title provides appropriations to the VA for Departmental Administration, including

  • General Administration,
  • the Board of Veterans Appeals,
  • Information Technology Systems,
  • the Veterans Electronic Health Record,
  • the Office of Inspector General,
  • Construction--Major Projects,
  • Construction--Minor Projects,
  • Grants for Construction of State Extended Care Facilities, and
  • Grants for Construction of Veterans Cemeteries.

(Sec. 201) This section specifies transfer authorities and requirements for the VBA.

(Sec. 202) This section specifies transfer authorities and requirements for the VHA.

(Sec. 203) This section permits appropriations provided by this title for salaries and expenses to be used for employment of temporary or intermittent experts and consultants, hire of passenger vehicles, lease of a facility or land or both, and uniforms.

(Sec. 204) This section prohibits appropriations in this title other than Construction--Major Projects and Construction--Minor Projects funds from being used for the purchase of any site for or toward the construction of any new hospital or home.

(Sec. 205) This section requires the VA to be reimbursed for medical services it provides to any person not defined as a beneficiary under specified laws.

(Sec. 206) This section permits appropriations provided by this title for Compensation and Pensions, Readjustment Benefits, and Veterans Insurance and Indemnities to be used for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of FY2023.

(Sec. 207) This section permits appropriations provided by this title to be used to pay specified prior year obligations. Obligations from trust fund accounts may only be paid from the Compensation and Pensions account.

(Sec. 208) This section requires the VA to use surplus earnings from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund to reimburse the General Operating Expenses--Veterans Benefits Administration and Information Technology Systems accounts for the costs to administer the insurance programs.

(Sec. 209) This section permits amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services to remain available until expended.

(Sec. 210) This section permits funds provided by this title for salaries and other administrative expenses to be used to reimburse the following offices for services provided, subject to specified limits:

  • the Office of Resolution Management, Diversity and Inclusion;
  • the Office of Employment Discrimination Complaint Adjudication; and
  • the Alternative Dispute Resolution function within the Office of Human Resources and Administration.

(Sec. 211) This section requires the VA to collect third-party reimbursement information prior to providing hospital care, nursing home care, or medical services for certain non-service-connected disabilities. It also permits the VA to recover reasonable charges for care from anyone who has not provided the required disclosures.

(Sec. 212) This section permits enhanced-use leasing revenues to be deposited into the Construction--Major Projects and Construction--Minor Projects accounts to be used for construction, alterations, and improvements of VA medical facilities.

(Sec. 213) This section permits funds provided for Medical Services to be used for (1) furnishing recreational facilities, supplies, and equipment; and (2) funeral and burial expenses for beneficiaries receiving care from the VA.

(Sec. 214) This section permits funds deposited in the Medical Care Collections Fund to be transferred to the Medical Services and Medical Community Care accounts and remain available until expended for the purposes of those accounts.

(Sec. 215) This section permits the VA to enter into agreements with Federally Qualified Health Centers in Alaska and Indian tribes and tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service to provide health care, including behavioral health and dental care, to veterans in rural Alaska. It defines rural Alaska as those lands which are not within the boundaries of the municipality of Anchorage or the Fairbanks North Star Borough.

(Sec. 216) This section permits funds deposited into the Department of Veterans Affairs Capital Asset Fund to be transferred to the Construction--Major Projects and Construction--Minor Projects accounts to remain available until expended for the purposes of those accounts.

(Sec. 217) This section requires the VA to report quarterly to Congress on the financial status of the VA.

(Sec. 218) This section permits specified FY2024 VA funds to be transferred to or from the Information Technology Systems account if the transfer is approved by Congress.

(Sec. 219) This section permits specified FY2024 VA funds provided for medical accounts, Construction--Minor Projects, and Information Technology Systems to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.

(Sec. 220) This section permits specified FY2025 VA funding provided for medical accounts to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and used for the operation of combined federal medical facilities.

(Sec. 221) This section permits transfers from the Medical Care Collections Fund to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund and for the operation of combined federal medical facilities.

(Sec. 222) This section requires specified funds from medical accounts to be transferred to the DOD-VA Health Care Sharing Incentive Fund to remain available until expended.

(Sec. 223) This section prohibits VA funds from being used to replace the current system that the Veterans Integrated Service Networks use to select and contract for diabetes monitoring supplies and equipment.

(Sec. 224) This section directs the VA to notify Congress of all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount of the project, whichever is less.

(Sec. 225) This section prohibits funds provided for the Construction--Major Projects account from being used to increase the scope of a project above the original budget request without congressional approval.

(Sec. 226) This section requires the VA to submit to Congress quarterly reports containing performance measures and data from each VBA regional office.

(Sec. 227) This section directs the VA to notify Congress before organizational changes that result in the transfer of 25 or more full-time equivalent staff from one organizational unit to another.

(Sec. 228) This section requires the VA to report to Congress quarterly regarding any single national outreach and awareness marketing campaign with obligations that exceed $1 million.

(Sec. 229) This section permits the VA to transfer funds to the Medical Services account if the transfer is necessary to address the needs of the VHA, meets specified requirements, and is approved by the Office of Management and Budget and Congress.

(Sec. 230) This section permits FY2024 funds provided for the Board of Veterans Appeals and General Operating Expenses--Veterans Benefits Administration to be transferred between those accounts if Congress approves the transfer.

(Sec. 231) This section prohibits the VA from reprogramming more than $7 million in funds among major construction projects or programs without congressional approval.

(Sec. 232) This section requires the VA to ensure that the toll-free suicide hotline authorized under current law (1) provides individuals who contact the hotline with immediate assistance from a trained professional, and (2) adheres to all requirements of the American Association of Suicidology.

It also prohibits funds provided by this division from being used to enforce or otherwise carry out any executive action that prohibits the VA from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, with respect to the hotline.

Finally, the section requires the VA to study the effectiveness of the hotline based on an analysis of national suicide data and data collected from the hotline.

(Sec. 233) This section requires the VA to use the breast cancer screening guidelines issued on May 10, 2017, by the VHA National Center for Health Promotion and Disease Prevention.

(Sec. 234) This section permits VA Medical Services funds to be used to provide (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran, or (2) adoption reimbursement to a covered veteran. A covered veteran is a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.

(Sec. 235) This section prohibits the VA from using funds in a manner that is inconsistent with specified provisions under current law that restrict certain activities and studies related to the conversion of activities of an executive agency to contractor performance.

(Sec. 236) This section specifies that certain restrictions and requirements that apply to the use of funds to convert an activity of an executive agency to contractor performance do not apply to the conversion of an activity or function of the VHA, VBA, or National Cemetery Administration to contractor performance by a business concern that is at least 51% owned by one or more Indian Tribes or one or more Native Hawaiian Organizations.

(Sec. 237) This section requires the VA to discontinue collecting and using Social Security numbers to authenticate individuals in all information systems of VA not later than September 30, 2024.

The section includes exceptions that allow the VA to collect and use Social Security numbers if the use is necessary to

  • obtain or provide information from an information system that is not under the jurisdiction of the VA;
  • comply with a law, regulation, or court order;
  • perform anti-fraud activities; or
  • identify an individual where no adequate substitute is available.

(Sec. 238) This section applies to FY2024 and FY2025 VA Medical Services funds a requirement for the VA to treat a marriage and family therapist that meets specified educational and licensing requirements as qualified to serve as a VA therapist.

(Sec. 239) This section prohibits the VA from transferring funds from the Filipino Veterans Equity Compensation Fund to any other VA account.

(Sec. 240) This section permits FY2024 and FY2025 Medical Services funds to be used to carry out and expand the pilot program for providing child care assistance to veterans receiving health care.

(Sec. 241) This section prohibits the VA from using funds provided by this title to enter into an agreement related to resolving a dispute or claim with an individual that would restrict the individual from speaking to Members of Congress or their staff on any topic not otherwise prohibited from disclosure by federal law or required by executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.

(Sec. 242) This section applies to FY2024 and FY2025 VA funds a requirement for certain details to be included in the budget justification documents submitted to Congress for the Construction--Major Projects account.

(Sec. 243) This section requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. It also requires each IG to comply with specified statutory limitations on disclosure of the information provided.

(Sec. 244) This section prohibits funds provided by this division from being used in a manner that would increase wait times for veterans seeking care at VA medical facilities.

(Sec. 245) This section prohibits VHA funds provided by this division from being used in FY2024 to convert any program which received specific purpose funds in FY2023 to a general purpose funded program unless Congress is notified in advance and approves the proposal.

(Sec. 246) This section applies to FY2024 and FY2025 VA funds a provision that specifies documentation that DOD may accept to verify that a coastwise merchant seaman performed active duty service under honorable conditions.

(Sec. 247) This section establishes restrictions and requirements regarding the use of VA funds for conducting certain research that uses any canine, feline, or non-human primate. Specifically, the section prohibits such research that does not meet specified requirements, establishes reporting requirements regarding the research and violations of certain laws and policies related to animal research, requires the VA to submit to voluntary Department of Agriculture inspections of research facilities, and requires the VA to implement a plan to eliminate the research within two years.

(Sec. 248) This section permits the VA to use funds provided by this title to ensure that the ratio of veterans to full-time employment equivalents within any rehabilitation program does not exceed 125 veterans to one full-time employment equivalent. It also requires the VA to report to Congress on rehabilitation programs, including (1) an assessment of the veteran-to-staff ratio for each program, and (2) recommendations to reduce the veteran-to-staff ratio for each program.

(Sec. 249) This section permits FY2024 and FY2025 funds provided for the Medical Community Care Account to be used for expenses that would otherwise be paid from the Veterans Choice Fund.

(Sec. 250) This section allows obligations and expenditures applicable to the Medical Services account in FY2017-FY2019 for aid to state homes to remain in the Medical Community Care account.

(Sec. 251) This section makes specified funds from the medical accounts available for gender-specific care and programmatic efforts to deliver care for women veterans.

(Sec. 252) This section allocates specified funds from the Recurring Expenses Transformational Fund for constructing, altering, extending, and improving VHA medical facilities.

(Sec. 253) This section requires the VA to submit quarterly reports regarding the status of the Veteran Rapid Retraining Assistance Program, which was established by the American Rescue Plan Act of 2021 to provide educational assistance to certain unemployed veterans.

(Sec. 254) This section requires the VA to submit an expenditure plan for the FY2024 funds provided for the Cost of Water Toxic Exposures Fund by the Fiscal Responsibility Act of 2023. The VA must also submit quarterly reports regarding the status of the funds.

(Sec. 255) This section permits certain contributions from other federal agencies to VA nonprofit corporations for research under an order placed with the VA to remain available for the liquidation of valid obligations incurred by the corporation during the period of performance of the order if the VA determines that the amounts need to remain available.

(Sec. 256) This section rescinds specified unobligated funds that were provided for the Veteran Electronic Health Record by the Consolidated Appropriations Act, 2023.

(Sec. 257) This section prohibits funds from being used to close certain VA medical facilities, conduct an environmental assessment, or diminish services at certain existing VA medical facilities as part of a planned realignment of VA services until the VA submits a report to Congress with specified details regarding the planned realignment of services.

(Sec. 258) This section permits unobligated balances from the VA construction accounts to be used to support construction projects under the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016, which authorized the VA to accept donations of real property and facilities from certain nonfederal entities.

(Sec. 259) This section rescinds specified unobligated funds that were provided to the VHA.

(Sec. 260) This section rescinds specified unobligated funds from several VA accounts.

(Sec. 261) This section requires certain unobligated VA funds that were transferred to the U.S. Army Corps of Engineers for a major construction project in Alameda, California, to be returned to the VA.

TITLE III--RELATED AGENCIES

This title provides appropriations for related agencies, including

  • the American Battle Monuments Commission;
  • the U.S. Court of Appeals for Veterans Claims;
  • Cemeterial Expenses of the Army, including Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery; and
  • the Armed Forces Retirement Home.

(Sec. 301) This section permits funds from concessions at Army National Military Cemeteries to be used to support activities at the cemeteries.

TITLE IV--GENERAL PROVISIONS

(Sec. 401) This section prohibits the obligation of funds in this division beyond the current fiscal year unless the obligation is expressly permitted in this division.

(Sec. 402) This section prohibits funds provided by this division from being used for programs, projects, or activities that are not in compliance with federal laws related to risk assessment, the protection of private property rights, or unfunded mandates.

(Sec. 403) This section encourages all departments and agencies funded in this division to expand their use of e-commerce technologies and procedures in the conduct of their business practices and public service activities.

(Sec. 404) This section specifies the congressional committees that are to receive all reports and notifications required by this division.

(Sec. 405) This section prohibits funds provided by this division from being transferred to any part of the U.S. government without authority provided by an appropriations act.

(Sec. 406) This section prohibits funds provided by this division from being used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the House of Representatives.

(Sec. 407) This section requires agencies to post reports submitted to Congress on the public website of the agency. Exceptions are included for national security and confidential or proprietary information.

(Sec. 408) This section prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 409) This section prohibits the use of funds provided by this division for first-class travel by an employee of the executive branch in contravention of specified federal regulations.

(Sec. 410) This section prohibits the use of funds provided by this division for any contract where the contractor has not complied with E-Verify requirements for verification of eligibility for employment.

(Sec. 411) This section prohibits the use of funds provided by this division to construct facilities on military installations that do not meet resiliency standards.

(Sec. 412) This section prohibits the use of funds provided by this division for the renovation, expansion, or construction of any facility in the United States to house certain individuals detained at the U.S. Naval Station at Guantanamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of DOD. An exception is included for modifications to the facility at Guantanamo Bay.

(Sec. 413) This section prohibits the VA from using funds provided by this division to report certain veterans who are deemed mentally incapacitated, mentally incompetent, or to be experiencing an extended loss of consciousness to the National Instant Criminal Background Check System (NICS) without a judicial determination that the person is a danger to himself, herself, or others. (The NICS conducts background checks on potential buyers or owners of firearms.)

DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024

This division provides FY2024 appropriations for the Department of Agriculture (USDA), except for the Forest Service, which is included in Division E (the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024).

The division also provides appropriations for the Food and Drug Administration (FDA), the Farm Credit Administration, and the Commodity Futures Trading Commission.

The division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation, such as the farm bill, and are frequently limited in the agriculture appropriations bill.

TITLE I--AGRICULTURAL PROGRAMS

This title provides appropriations for the following agricultural programs and services

  • the Office of the Secretary;
  • Executive Operations;
  • the Office of the Chief Information Officer;
  • the Office of the Chief Financial Officer;
  • the Office of the Assistant Secretary for Civil Rights;
  • the Office of Civil Rights;
  • Agriculture Buildings and Facilities;
  • Hazardous Materials Management;
  • the Office of Safety, Security, and Protection;
  • the Office of Inspector General;
  • the Office of the General Counsel;
  • the Office of Ethics;
  • the Office of the Under Secretary for Research, Education, and Economics;
  • the Economic Research Service;
  • the National Agricultural Statistics Service;
  • the Agricultural Research Service;
  • the National Institute of Food and Agriculture;
  • the Office of the Under Secretary for Marketing and Regulatory Programs;
  • the Animal and Plant Health Inspection Service;
  • the Agricultural Marketing Service;
  • the Office of the Under Secretary for Food Safety; and
  • the Food Safety and Inspection Service.

TITLE II--FARM PRODUCTION AND CONSERVATION PROGRAMS

This title provides appropriations for farm production and conservation programs, including

  • the Office of the Under Secretary for Farm Production and Conservation,
  • the Farm Production and Conservation Business Center,
  • the Farm Service Agency,
  • the Risk Management Agency, and
  • the Natural Resources Conservation Service.

The title also provides appropriations for (1) the Federal Crop Insurance Corporation Fund, and (2) the Commodity Credit Corporation Fund.

TITLE III--RURAL DEVELOPMENT PROGRAMS

This title provides appropriations for rural development programs, including

  • Rural Development Salaries and Expenses,
  • the Rural Housing Service,
  • the Rural Business--Cooperative Service, and
  • the Rural Utilities Service.

TITLE IV--DOMESTIC FOOD PROGRAMS

This title provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.

The title also provides appropriations to the Food and Nutrition Service for

  • Child Nutrition Programs;
  • the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);
  • the Supplemental Nutrition Assistance Program (SNAP);
  • the Commodity Assistance Program; and
  • Nutrition Programs Administration.

TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

The title provides appropriations to the Office of the Under Secretary for Trade and Foreign Agricultural Affairs.

It also provides appropriations to the Foreign Agricultural Service for

  • Food for Peace Title II Grants,
  • the McGovern-Dole International Food for Education and Child Nutrition Program, and
  • the Commodity Credit Corporation Export (Loans) Credit Guarantee Program Account.

TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

This title provides appropriations to

  • the Food and Drug Administration (FDA),
  • the Commodity Futures Trading Commission, and
  • the Farm Credit Administration.

TITLE VII--GENERAL PROVISIONS

(Sec. 701) This section permits USDA to use funds provided by this division to purchase passenger motor vehicles and specifies requirements and restrictions for the purchases.

(Sec. 702) This section permits USDA to transfer unobligated funds to the Working Capital Fund for the acquisition of property and equipment; the improvement, delivery, and implementation of financial, and administrative information technology services; and other support systems necessary for the delivery of financial, administrative, and information technology services.

(Sec. 703) This section prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.

(Sec. 704) This section limits negotiated indirect costs on cooperative agreements or similar arrangements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties.

(Sec. 705) This section permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.

(Sec. 706) This section prohibits USDA from using funds provided by this division to acquire new information technology systems or significant upgrades without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. It also (1) prohibits the transfer of funds made available by this division to the Office of the Chief Information Officer without prior approval of Congress, and (2) prohibits funds from being used for specified information technology projects without the approval of the CIO.

(Sec. 707) This section permits specified funds provided under the Federal Crop Insurance Act for the Agricultural Management Assistance Program in the current fiscal year to remain available until expended to disburse obligations made in the current fiscal year.

(Sec. 708) This section makes a former Rural Utility Service borrower who has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the act eligible for rural economic development and job creation assistance in the same manner as a borrower.

(Sec. 709) This section permits specified unobligated balances of appropriations provided by this division for salaries and expenses of the Farm Service Agency to remain available through FY2025 for information technology expenses.

(Sec. 710) This section prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division in contravention of specified regulations.

(Sec. 711) This section provides that (1) Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014 or a successor to the act shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) the use of the funds for this purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limits.

(Sec. 712) This section limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemakings or to evaluate competitively awarded grants.

(Sec. 713) This section prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 714) This section limits the amount of Section 32 funds that may be used for certain domestic food assistance programs, including

  • Child Nutrition Programs Entitlement Commodities,
  • State Option Contracts,
  • Removal of Defective Commodities, and
  • Administration of Section 32 Commodity Purchases.

(Section 32 is a program created to assist producers of agricultural commodities not supported by other mandatory farm support programs. It is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs.)

This section also prohibits the use of Section 32 funds to reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. It includes an exception for a limited amount of carryover funds.

(Sec. 715) This section prohibits funds from being used to prepare proposals for the President's budget that are for programs funded in this division and assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 716) This section sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.

(Sec. 717) This section permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan.

(Sec. 718) This section prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone who is not employed by USDA, the Department of Health and Human Service, the Commodity Futures Trading Commission, or the Farm Credit Administration.

(Sec. 719) This section prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless the story includes a clear notification indicating that it was prepared or funded by the agency.

(Sec. 720) This section prohibits USDA employees from being detailed or assigned to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee during the period of assignment.

(Sec. 721) This section directs the agencies funded by this division to submit spending plans to Congress.

(Sec. 722) This section prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed to the professional electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution.

(Sec. 723) This section prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Housing Service programs.

(Sec. 724) This section permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. USDA must notify Congress before implementing an increase under this section.

(Sec. 725) This section provides that certain credit card refunds or rebates transferred to the Working Capital Fund (1) shall not be available for obligation without congressional approval; and (2) shall only be available for specified purposes, including acquiring property or equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to USDA agencies.

(Sec. 726) This section prohibits funds provided by this division from being used for the variety requirements of the final USDA rule titled Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) until USDA amends the definition of variety to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule.

Until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014.

(Sec. 727) This section sets forth the authorities that apply to USDA for carrying out the Single Family Housing Guaranteed Loan Program. (Under the program USDA's Rural Housing Service guarantees loans made by approved private lenders to eligible low- and moderate-income households to purchase homes to be used as principal residences.)

(Sec. 728) This section prohibits funds provided by this division from being used for regulations that establish certain new user fees.

(Sec. 729) This section rescinds specified unobligated funds that were provided for the Broadband Treasury Rate Loan program.

(Sec. 730) This section allows the Food Safety and Inspection Service (FSIS) to charge establishments for the cost of inspection services provided outside of an establishment's approved inspection shifts and for inspection services provided on federal holidays. The section also specifies the amounts charged (1) shall be considered overtime pay or holiday pay, and (2) may be used by FSIS without further appropriations to fund all costs associated with inspections.

(Sec. 731) USDA must conduct audits in a manner that evaluates the following factors in the country or region being audited

  • veterinary control and oversight,
  • disease history and vaccination practices,
  • livestock demographics and traceability,
  • epidemiological separation from potential sources of infection,
  • surveillance practices,
  • diagnostic laboratory capabilities, and
  • emergency preparedness and response.

This section also requires USDA to (1) make the final reports of the audits publicly available, and (2) apply these requirements in a manner that is consistent with U.S. obligations under international trade agreements.

(Sec. 732) This section rescinds specified unobligated funds that were provided for the Rural Development Voucher Program, which provides rental assistance vouchers to eligible tenants.

(Sec. 733) This section rescinds specified unobligated funds that were provided to the Rural Cooperative Development Grant program for Agriculture Innovation Centers.

(Sec. 734) This section prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. The section also (1) specifies exceptions and waiver procedures, and (2) allows USDA to retain specified funds for management and oversight of the requirements of this section.

(Sec. 735) This section prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriations matters pending before Congress, other than to communicate with Congress as permitted under current law.

(Sec. 736) This section requires at least 10% of the funds provided by this division for direct loans and grants under specified programs to be allocated for assistance in persistent poverty counties. A persistent poverty county is a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007-2011 American Community Survey 5-year average, or any U.S. territory or possession.

(Sec. 737) This section prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Such a submission must be deemed to have not been received, and the exemption may not go into effect.

(Sec. 738) This section prohibits funds from being used to enforce the FDA rule titled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds.

(Sec. 739) This section prohibits funds provided by this division from being used to implement or enforce a portion of a School Breakfast Program regulation that imposes restrictions on the substitution of certain types of vegetables for fruits.

(Sec. 740) This section prohibits funds provided by this division from being used (1) in contravention of specified laws that permit certain activities regarding hemp, including the transportation or shipment of hemp or hemp products in interstate commerce if certain requirements are met; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp, or seeds of such plant, that is grown or cultivated in accordance with the laws, within or outside the state in which it is grown or cultivated.

(Sec. 741) This section permits USDA to waive the matching funds requirement for the Specialty Crop Research Initiative.

(Sec. 742) This section establishes reporting requirements related to foreign investments in agricultural land in the United States, including the impact that foreign ownership has on family farms, rural communities, and the domestic food supply.

(Sec. 743) This section provides appropriations for a pilot program for USDA to award grants to nonprofit organizations and public housing authorities to provide technical assistance to Rural Housing Service (RHS) multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where there is a risk of loss of affordable housing. The grants must be used to assist acquisitions by nonprofit housing organizations and public housing authorities that commit to keeping the properties in the RHS multi-family housing program for a period of time determined by USDA.

(Sec. 744) This section rescinds specified unobligated funds that were provided to the Rural Housing Assistance Grants account for housing repair grants.

(Sec. 745) This section specifies that, after the effective date of an FDA final rule regarding food labeling requirements and nutritional claims for the term healthy, manufacturers may also continue to comply with the previous FDA requirements for the implied nutrient content claim healthy through the compliance date FDA provides in the final rule. Any food product manufactured and labeled as healthy during the compliance period shall also not be subject to state requirements that are not identical to either the prior or the updated FDA requirements in the final rule if the updated requirements go into effect during the compliance period.

(Sec. 746) This section specifies that funds made available under Title II of the Food for Peace Act may only be used to provide assistance to recipient nations if adequate monitoring and controls are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.

(Sec. 747) This section prohibits funds provided by this division from being used to procure raw or processed poultry products or seafood from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.

(Sec. 748) This section provides that, for the 2024-2025 school year, only school food authorities with a negative balance in the nonprofit school food service account as of June 30, 2023, are required to establish a price for paid lunches using the formula specified under current law (known as Paid Lunch Equity requirements).

(Sec. 749) This section permits specified funds to be made available for grants for biotechnology risk assessment research.

(Sec. 750) This section prohibits USDA funds from being used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within USDA unless specific legislation affirming the move is enacted.

(Sec. 751) This section permits the Natural Resources Conservation Service to use funds provided for the Watershed and Flood Prevention Operations Program, the Watershed Rehabilitation Program, and the Emergency Watershed Protection Program to provide technical services for the programs using the Agriculture Conservation Experienced Services Program.

(Sec. 752) The section modifies the eligibility requirements for the ReConnect Program to allow USDA to consider providing assistance in communities that are Areas Rural in Character. Under current law, the program provides loans, grants, and loan-grant combinations to facilitate broadband deployment in rural areas that currently do not have sufficient access to broadband.

(Sec. 753) This section provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands, under the Water Bank Act.

(Sec. 754) This section requires the FDA to revise the advice provided in the notice of availability titled Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability in a manner that is consistent with nutrition science recognized by the FDA on the net effects of seafood consumption.

(Sec. 755) This section provides additional appropriations for the Meat and Poultry Processing Expansion Program to award grants to processors of invasive, wild-caught catfish.

(Sec. 756) This section directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.

(Sec. 757) This section prohibits USDA from using funds provided by this division to allow banks for cooperatives (e.g., CoBank) to make certain loans for water and waste disposal facilities in rural areas under the Farm Credit Act of 1971 in a manner that is inconsistent with the definition of rural area included in the Consolidated Farm and Rural Development Act (i.e., areas and towns with populations of 10,000 or less).

(Sec. 758) This section provides additional funding for a pilot program to award grants to eligible entities (e.g., Indian tribes, tribal organizations, or tribal educational agencies) to operate and implement the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program in either a Bureau of Indian Affairs-funded school, a school on or near an Indian reservation, or an early child care and education facility.

(Sec. 759) This section prohibits the FDA from using funds provided by this division to issue or promote any new guidelines or regulations applicable to food manufacturers for Listeria monocytogenes (Lm) until the FDA considers the available new science in developing a specified Compliance Policy Guide regarding Lm in low-risk foods.

(Sec. 760) This section extends the repayment period from two to five years for USDA self-help housing land development loans. (The program provides funds to eligible private and public nonprofit organizations to purchase and develop building sites for housing for participants in self-help housing programs.)

(Sec. 761) This section extends the repayment period from two to five years for USDA site development loans, which are used to purchase and develop building sites for low- or moderate-income households.

(Sec. 762) This section amends the Multifamily Mortgage Foreclosure Act of 1981 to align USDA's foreclosure authorities with authorities that are provided under that act for the Department of Housing and Urban Development.

(Sec. 763) This section prohibits the FDA from using funds provided by this division to develop, issue, promote or advance any final guidelines or new regulations applicable to food manufacturers for long-term population-wide sodium reduction actions until an assessment is completed on the impact of the short-term sodium reduction targets.

(Sec. 764) This section provides appropriations for the Agricultural Marketing Service to develop and maintain a Bison Production and Marketing Grant Program that is similar to the existing Sheep Production and Marketing Grant Program. The program must prioritize grants to national nonprofits and federally chartered tribal organizations that have expertise in bison production or marketing.

(Sec. 765) This section provides additional appropriations to the Food Safety and Inspection Service to cover voluntary meat inspection fees for the slaughtering or processing of bison/buffalo at Native American-owned establishments or establishments operating on tribal lands.

(Sec. 766) This section rescinds specified unobligated funds that were provided to the Natural Resources Conservation Service for the Rural Water Operation Program.

(Sec. 767) This section exempts premium pay that is for services performed by Animal and Plant Health Inspection Service employees in response to an animal disease outbreak and is funded through reimbursement from certain pay limitations.

(Sec. 768) This section prohibits funds from being used to inspect horses for slaughter purposes.

(Sec. 769) This section requires any rule, notice, or guidance regarding USDA's proposed rule titled Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans to allow and provide reimbursement for flavored milk in (1) the National School Lunch Program and School Breakfast Program for grades K-12, (2) the Child and Adult Care Food Program for participants who are six years of age and older, and (3) any other program complying with the meal pattern requirements covered by the final rule.

(Sec. 770) This section requires the sodium limits for child nutrition meal patterns that are in effect for the 2023-2024 school year to remain in effect through the 2026-2027 school year. It also specifies that, after the 2026-2027 school year, the sodium limits included in any rulemaking, notice, or guidance regarding the proposed rule titled Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for American may not be more restrictive than the Target 2 sodium levels published in the final rule titled Nutrition Standards in the National School Lunch and School Breakfast Programs and published by USDA on January 26, 2012.

(Sec. 771) This section provides appropriations for the Wetland Mitigation Banking Program, which provides grants to support the establishment of wetland mitigation banks. (Under a wetland mitigation banking program, a wetland is created, enhanced, or restored, and a credit for those efforts is sold to others as compensation for the loss of impacted wetlands at other locations). USDA must prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests.

(Sec. 772) This section provides appropriations for the Emergency and Transitional Pet Shelter and Housing Assistance Grant Program, which provides funding for shelter, transitional housing, and other assistance for domestic violence survivors with pets.

(Sec. 773) This section requires USDA and the Department of Health and Human Services to consider the findings and recommendations of a National Academies of Sciences, Engineering and Medicine report on alcohol consumption in the development of the 2025 Dietary Guidelines for Americans. The departments must also ensure that the alcohol consumption recommendations in the guidelines are based on the preponderance of scientific and medical knowledge.

(Sec. 774) This section makes funding that was provided for the Rural Community Facilities Program Account by the Disaster Relief Supplemental Appropriations Act, 2023 available for grants to repair or replace essential community facilities damaged by a disaster that occurred in calendar year 2023.

(Sec. 775) This section rescinds specified unobligated funds that were provided for the Rural Energy for America Program (REAP).

(Sec. 776) This section rescinds specified unobligated funds that were provided to the FDA by the American Rescue Plan Act of 2021 for activities related to COVID-19 vaccines, therapeutics, and medical devices.

(Sec. 777) This section rescinds specified unobligated funds that were provided to the Nutrition Programs Administration account for relocation expenses, the alteration and repair of buildings, and improvements.

(Sec. 778) This section allows certain unobligated funds from the Nonrecurring Expenses Fund to be used for specified purposes, including for (1) grants for rural community facilities programs for the purposes and in the amounts specified in the table titled Community Project Funding/Congressionally Direct Spending in the explanatory statement, and (2) expenses under the Food for Peace Act for commodities supplied in connection with dispositions abroad.

(Sec. 779) This section expands the authorized uses of the Nonrecurring Expenses Fund to allow the funds to be used for (1) facilities infrastructure generally (rather than only facilities infrastructure capital acquisition under current law), and (2) information technology services.

(Sec. 780) This section requires USDA to use specified funds that were provided for rural development loans and grants for Rural Business Development Grants.

(Sec. 781) This section requires the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) to include the word genetically engineered prior to the existing acceptable market name.

(Sec. 782) This section provides appropriations to continue the Institute for Rural Partnerships. The institute must continue to dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges.

(Sec. 783) This section provides appropriations for a working group established by USDA, in coordination with the National Oceanic and Atmospheric Administration, to study and report to Congress on specified issues related to ocean farming practices.

(Sec. 784) This section rescinds specified unobligated funds that were provided to the Natural Resources Conservation Service for Conservation Operations.

(Sec. 785) This section rescinds specified unobligated funds that were provided to the National Institute of Food and Agriculture for Research and Education Activities.

(Sec. 786) This section provides appropriations for the Rural Decentralized Water Systems Grant Program to provide subgrants for the construction, refurbishing, and servicing of individually owned household decentralized wastewater systems.

(Sec. 787) This section requires the Secretary of Agriculture to be included as a member the Committee on Foreign Investment in the United States (CFIUS) on a case-by-case basis for each covered transaction involving agricultural land, agriculture biotechnology, or the agriculture industry.

In addition, the section requires the Department of Agriculture to notify CFIUS of certain agricultural land transactions (1) that may pose a risk to national security, and (2) with respect to which a person is required to submit a report to USDA under the Agricultural Foreign Investment Disclosure Act of 1978.

The section also provides additional appropriations to implement these requirements.

(Sec. 788) This section rescinds specified unobligated funds that were provided to the Working Capital Fund.

(Sec. 789) This section rescinds specified unobligated funds that were provided to the Community Connect Grant Program.

(Sec. 790) This section rescinds specified unobligated funds that were provided to the Distance Learning, Telemedicine, and Broadband Program.

(Sec. 791) This section rescinds specified unobligated funds that were provided to the Animal and Plant Health Inspection Service's Salaries and Expenses account for veterinary diagnostics.

(Sec. 792) This section permits USDA agencies and offices to use funds provided by this division to reimburse the Office of the General Counsel (OGC) for providing services to the agencies or offices under time-limited agreements.

(Sec. 793) This section extends various authorities under the Livestock Mandatory Reporting Act of 1999, which requires buyers of live cattle, swine, and lamb and sellers of wholesale beef, pork, and lamb to report prices, volumes, and other marketing characteristics to USDA's Agricultural Marketing Service.

DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024

This division provides FY2024 appropriations to the Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies.

TITLE I--DEPARTMENT OF COMMERCE

Department of Commerce Appropriations Act, 2024

This title provides appropriations to the Department of Commerce for

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economic and Statistical Analysis,
  • the Bureau of the Census,
  • the National Telecommunications and Information Administration, and
  • the U.S. Patent and Trademark Office.

The title provides appropriations to the National Institute of Standards and Technology (NIST) for

  • Scientific and Technical Research and Services,
  • Industrial Technology Services, and
  • Construction of Research Facilities.

The title provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for

  • Operations, Research, and Facilities;
  • Procurement, Acquisition, and Construction;
  • Pacific Coastal Salmon Recovery;
  • Fisheries Disaster Assistance;
  • the Fishermen's Contingency Fund;
  • the Fisheries Finance Program Account; and
  • the Recreational Quota Entity Fund.

The title provides appropriations for Departmental Management for

  • Salaries and Expenses,
  • Renovation and Modernization, and
  • the Office of Inspector General.

(Sec. 101) This section permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.

(Sec. 102) This section permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.

(Sec. 103) This section permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. It also requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an act providing appropriations to Commerce.

(Sec. 104) This section extends various congressional notification and reporting requirements for NOAA satellite programs. It also specifies the life cycle costs for

  • the Joint Polar Satellite System,
  • the Polar Follow On Program,
  • the Geostationary Operational Environmental Satellite R-Series Program, and
  • the Space Weather Follow On Program.

(Sec. 105) This section permits Commerce to (1) furnish services to facilitate the use or occupancy of Department of Commerce buildings, and (2) credit specified reimbursements received for the services to the appropriation or fund that bears the cost of the services.

(Sec. 106) This section specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.

(Sec. 107) This section permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.

(Sec. 108) This section prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Any charge must be limited to the service's cost.

(Sec. 109) This section permits NOAA to work with federal and nonfederal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.

(Sec. 110) This section permits funding provided for the Economics and Statistics Administration, including amounts provided for the programs of the Bureau of Economic Analysis and the Census Bureau, to be used to enter into cooperative agreements to aid and promote statistical, research, and methodology activities.

(Sec. 111) This section allows Commerce to waive up to 50% of the cost-sharing requirements under the Coastal Management Act of 1972 at the request of applicants for certain grants related to the National Estuarine Research Reserve System.

(Sec. 112) This section prohibits certain unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund from being obligated unless Congress is notified in advance.

(Sec. 113) This section permits NOAA to designate one or more Cooperative Aviation Centers for the purposes of recruiting aviators for the NOAA commissioned officer corps from institutions that provide a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International. The centers must be located in areas that experience a wide variation in climate-related activity.

(Sec. 114) This section allows NOAA to accept payments from a nonfederal party during FY2024 for the purpose of altering or replacing fencing, and related activities, for the NOAA port facility in Ketchikan, Alaska.

(Sec. 115) This section allows NOAA to establish an alternative of fixed rate for the relocation allowance, including the permanent change of station allowance.

TITLE II--DEPARTMENT OF JUSTICE

Department of Justice Appropriations Act, 2024

This title provides FY2024 appropriations to the Department of Justice (DOJ).

The title provides appropriations to DOJ for Justice Operations, Management, and Accountability for (1) Salaries and Expenses, and (2) Justice Information Sharing Technology.

In addition, the title provides appropriations for

  • the Executive Office for Immigration Review,
  • the Office of Inspector General, and
  • the U.S. Parole Commission.

The title provides appropriations for legal activities, including

  • General Legal Activities,
  • the Antitrust Division,
  • the U.S. Attorneys,
  • the U.S. Trustee System Fund,
  • the Foreign Claims Settlement Commission,
  • Fees and Expenses of Witnesses,
  • the Community Relations Service, and
  • the Assets Forfeiture Fund.

The title provides appropriations to the U.S. Marshals Service for

  • Salaries and Expenses,
  • Construction, and
  • Federal Prisoner Detention.

The title provides appropriations to DOJ for

  • the National Security Division;
  • Interagency Law Enforcement;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration (DEA);
  • the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and
  • the Federal Prison System.

The title provides appropriations to the Office on Violence Against Women for Violence Against Women Prevention and Prosecution Programs.

The title provides appropriations to the Office of Justice Programs for

  • Research, Evaluation, and Statistics;
  • State and Local Law Enforcement Assistance;
  • Juvenile Justice Programs; and
  • Public Safety Officer Benefits.

The title provides appropriations for Community Oriented Policing Services (COPS) programs.

(Sec. 201) This section provides additional funds to the Attorney General for official reception and representation expenses.

(Sec. 202) This section prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

(Sec. 203) This section prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.

(Sec. 204) This section specifies that (1) Section 203 of this title does not remove the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, and (2) nothing in this section diminishes the effect of Section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

(Sec. 205) This section sets forth authorities and restrictions for transferring and reprogramming DOJ funds provided by this division.

(Sec. 206) This section prohibits the FBI or the Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.

(Sec. 207) This section prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Exceptions are included for inmate training, religious, or educational programs.

(Sec. 208) This section prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.

(Sec. 209) This section requires DOJ to follow reprogramming procedures for (1) any deviation from the amounts designated for specific activities in this division or the explanatory statement, and (2) for any use of deobligated balances of funds provided by this title in previous years.

(Sec. 210) This section prohibits funds provided by this division from being used for a public-private competition for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.

(Sec. 211) This section prohibits U.S. Attorneys from being assigned dual or additional responsibilities that exempt them from statutory residency requirements.

(Sec. 212) This section permits specified grant and reimbursement program funds made available to the Office of Justice Programs to be used for providing training and technical assistance. It also permits specified funds to be used by the National Institute of Justice and the Bureau of Justice Statistics for research, evaluation, or statistical purposes.

(Sec. 213) This section allows DOJ to waive matching requirements for (1) adult and juvenile offender state and local reentry demonstration projects, and (2) grants authorized under the Prison Rape Elimination Act of 2003 for activities to protect inmates and safeguard communities.

(Sec. 214) This section waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.

(Sec. 215) This section prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.

(Sec. 216) This section establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund.

(Sec. 217) This section permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilots for disconnected youth.

(Sec. 218) This section requires DOJ to submit quarterly reports to Congress on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund.

(Sec. 219) This section prohibits funds provided by this division from being used for live tissue training unless the Attorney General issues a written, non-delegable determination that such training is medically necessary and cannot be replicated by alternatives.

(Sec. 220) This section prohibits DOJ from using funds provided by this division to target or investigate parents who peacefully protest at school board meetings and are not suspected of engaging in unlawful activity.

(Sec. 221) This section prohibits funds provided this division from may be used to investigate or prosecute religious institutions on the basis of their religious beliefs.

(Sec. 222) This section requires specified unobligated funds from the Presidential Election Campaign Fund to be paid to the DOJ Office of Justice Programs for grants for law enforcement activities associated with the presidential nominating conventions.

TITLE III--SCIENCE

Science Appropriations Act, 2024

This title provides appropriations to (1) the Office of Science and Technology Policy, and (2) the National Space Council.

The title provides appropriations to the National Aeronautics and Space Administration (NASA) for

  • Science;
  • Aeronautics;
  • Space Technology;
  • Exploration;
  • Space Operations;
  • Science, Technology, Engineering, and Mathematics Engagement;
  • Safety, Security, and Mission Services;
  • Construction and Environmental Compliance and Restoration; and
  • the Office of Inspector General.

The title includes several administrative provisions for NASA that establish requirements and procedures for the availability of funds for an announced prize, the reprogramming and transfer of funds provided by this division, and NASA's spending plan.

The title also includes administration provisions that

  • limit the amount of funds made available for the Construction and Environmental Compliance and Restoration account that may be used to fund projects funded under previous years' appropriations;
  • permit NASA to combine funds from several specified accounts to jointly fund projects and activities for engaging students in Science, Technology, Engineering, and Mathematics (STEM) and increasing STEM research capacities of universities, including Minority Serving Institutions;
  • allow specified funds to be transferred from the Safety, Security, and Mission Services account to the NASA Working Capital Fund to fund information technology modernization activities; and
  • extend the availability of specified funds that were appropriated for Space Operations to permit the funds to be used for the liquidation of valid obligation incurred in FY2017-FY2019.

The title provides appropriations to the National Science Foundation (NSF) for

  • Research and Related Activities,
  • Major Research Equipment and Facilities Construction,
  • STEM Education,
  • Agency Operations and Award Management,
  • the Office of the National Science Board, and
  • the Office of Inspector General.

The title establishes authorities and procedures for reprogramming or transferring funds provided by this division to the NSF.

The title establishes congressional notification requirements regarding any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2.5 million.

TITLE IV--RELATED AGENCIES

This title provides appropriations for related agencies, including

  • the Commission on Civil Rights,
  • the Equal Employment Opportunity Commission,
  • the U.S. International Trade Commission,
  • the Legal Services Corporation,
  • the Marine Mammal Commission,
  • the Office of the U.S. Trade Representative, and
  • the State Justice Institute.

The title also specifies restrictions, terms, and conditions for the use of funds by the Legal Services Corporation.

TITLE V--GENERAL PROVISIONS

(Sec. 501) This section prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.

(Sec. 502) This section prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless this is expressly permitted in the division.

(Sec. 503) This section limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or executive order.

(Sec. 504) This section provides that, if any provision of this division or the application of the provision is held invalid, the remainder of the division is not affected.

(Sec. 505) This section establishes restrictions and requirements for the reprogramming of funds provided by this division.

(Sec. 506) This section prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a Made in America label to any product that was not made in America. It also requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.

(Sec. 507) This section requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.

(Sec. 508) This section requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. It also (1) provides transfer authority between appropriations accounts to carry out this provision, subject to reprogramming procedures; and (2) specifies that this section applies to Commerce actions taken for the care and protection of loan collateral or grant property.

(Sec. 509) This section prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 510) This section establishes obligation limits for funds from the Crime Victims Fund. It also requires specified funds to be provided to (1) the DOJ Office of Inspector General for oversight and auditing purposes, and (2) the Office for Victims of Crime for grants to Native American tribes to improve services for victims of crime.

(Sec. 511) This section prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided, or of the parents or legal guardians of the students.

(Sec. 512) This section prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations act.

(Sec. 513) This section establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this division. It also requires any person who is awarded a grant or contract funded by this division to certify that no funds derived from the grant or contract will be made available to another person who has a financial interest in the person who was awarded the grant or contract.

(Sec. 514) This section prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire certain information systems unless the agency has

  • reviewed the supply chain risk for the information systems against criteria developed by NIST and the FBI,
  • reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other agencies,
  • conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of the system,
  • developed a mitigation strategy for any identified risks, and
  • determined and reported to Congress that the acquisition is in the national interest.

(Sec. 515) This section prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.

(Sec. 516) This section prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.

(Sec. 517) This section prohibits funds provided by this division from being used to authorize or issue a national security letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)

(Sec. 518) This section requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.

(Sec. 519) This section deems funds provided by this division for intelligence or intelligence-related activities as authorized by Congress during FY2024 until the enactment of the Intelligence Authorization Act for FY2024.

(Sec. 520) This section prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns for the last three years, has not been convicted of a criminal offense under the Internal Revenue Code, and has no unpaid federal tax assessment.

(Sec. 521) This section rescinds specified unobligated balances from prior appropriations to DOJ and Commerce. It also establishes reporting requirements regarding the rescissions.

(Sec. 522) This section prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 523) This section prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States. The section includes exceptions for certain law enforcement and scientific conferences if specified requirements are met.

(Sec. 524) This section requires the Office of Management and Budget to direct departments, agencies, and instrumentalities funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.

(Sec. 525) This section specifies that, to the extent practicable, funds provided by this division should be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation.

(Sec. 526) This section prohibits NASA, the Office of Science and Technology Policy, or the National Space Council from using funds provided by this division to (1) engage in certain bilateral activities with China or a Chinese-owned company unless the activities have been specifically authorized by a law enacted after the enactment of this act, or (2) or host official Chinese visitors at facilities belonging to or utilized by NASA.

The limitations above do not apply if the agency certifies to Congress that the activities (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.

(Sec. 527) This section prohibits funds provided by this division from being used for a computer network that does not block pornography, with an exception for carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity.

(Sec. 528) This section requires specified agencies funded by this division to submit spending plans to Congress.

(Sec. 529) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.

(Sec. 530) This section prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes in states where it is legal.

(Sec. 531) This section prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, the Northern Mariana Islands, the U.S. Virgin Islands, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.

(Sec. 532) This section requires Commerce, NASA, the NSF, and the Office of Science and Technology Policy to report quarterly to Congress on official travel of employees to China.

(Sec. 533) This section requires at least 10% of the funds provided by this division for specified programs to be allocated for assistance in persistent poverty counties. A persistent poverty county is a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any U.S. territory or possession.

(Sec. 534) This section prohibits funds from being used to require export licenses for exporting components, parts, accessories, or attachments for certain firearms to Canada.

(Sec. 535) This section prohibits funds from being used to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)

(Sec. 536) This section prohibits funds from being used to deny or fail to act on application for the importation of any shotgun model if (1) all other requirements of law with respect to the proposed importation are met, and (2) no application for the importation of models in the same configuration had been denied by DOJ prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

(Sec. 537) This section prohibits funds provided by this division from being used to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 538) This section prohibits funds from being used to transfer or release certain individuals detained at the U.S. Naval Station at Guantanamo Bay, Cuba (Guantanamo), to or within the United States, its territories, or possessions.

(Sec. 539) This section prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 540) The section extends the availability of specified funds provided for the Office of the U.S. Trade Representative.

(Sec. 541) This section permits Commerce and the FBI to use specified funds to provide payments to certain employees, former employees, and their dependents for qualifying brain injuries that occurred during an assignment to certain duty stations.

(Sec. 542) This section makes specified funds that were provided to the National Telecommunications and Information Administration (NTIA) by the Infrastructure Investment and Jobs Act available for salaries and expenses, administration, and oversight of programs that are administered by the NTIA and received funding in that act. The section also specifies that the funds shall be available for the salaries and expenses, administration, and oversight of the Connecting Minority Communities Pilot Program and the Broadband Connectivity Infrastructure Program.

(Sec. 543) This section prohibits funds provided by this division from being used to move the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Canine Training Center or the ATF National Canine Division from Front Royal, Virginia, to another location.

(Sec. 544) This section modifies the treatment of claims by customs brokers for customs duties in bankruptcy proceedings.

(Sec. 545) This section modifies the matching requirement for grants provided under the Trafficking Victims Protection Act of 2000 for victim service programs for victims of human trafficking, The section specifies that the project match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote victim recovery and reintegration into society, provided that these contributions and expenditures are consistent with applicable grant requirements and the approved project scope.

(Sec. 546) This section specifies requirements for allocating specified funds provided by the CHIPS Act of 2022, including from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund.

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Energy and Water Development and Related Agencies Appropriations Act, 2024

This division provides FY2024 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy, and several independent agencies.

TITLE I--CORPS OF ENGINEERS--CIVIL

This title provides appropriations to the Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.

Specifically, the title provides appropriations to the Corps of Engineers for

  • Investigations;
  • Construction;
  • Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri;
  • Operation and Maintenance;
  • the Regulatory Program pertaining to navigable waters and wetlands;
  • the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination;
  • Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters;
  • Expenses necessary for the supervision and general administration of the civil works program;
  • the Office of the Assistant Secretary of the Army for Civil Works; and
  • the Water Infrastructure Finance and Innovation Program Account.

(Sec. 101) This section sets forth authorities and restrictions for reprogramming funds provided by this title.

(Sec. 102) This section requires the Corps of Engineers to allocate funds provided in this division in accordance with the provisions of this division and the joint explanatory statement.

(Sec. 103) This section prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. An exception is included for funds made available through reprogramming.

(Sec. 104) This section permits the Corps of Engineers to transfer to the U.S. Fish and Wildlife Service up to $8.2 million in Operation and Maintenance funds to mitigate for fisheries lost due to Corps of Engineers projects.

(Sec. 105) This section prohibits funds provided by this division from being used for an open lake placement of dredged material originating from Lake Erie or its tributaries unless it is approved under a state water quality certification pursuant to the Federal Water Pollution Control Act (commonly known as the Clean Water Act). It also requires the Corps of Engineers to continue upland placement of the dredged material until an open lake placement for dredged materials is approved under a state water quality certification.

(Sec. 106) This section prohibits funds provided by this division from being used for a water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946.

(Sec. 107) This section specifies that additional funding provided in this division may only be allocated to projects determined to be eligible by the Chief of Engineers.

(Sec. 108) This section prohibits funds from being used to alter the eligibility requirements that were in effect on November 14, 2022, for assistance from the Corps of Engineers for an emergency response to a natural disaster (commonly known as the P.L. 84-99 authority).

(Sec. 109) This section permits certain unobligated construction funds that were provided to the Corps of Engineers by the Infrastructure Investment and Jobs Act to be used for certain construction projects that were previously funded by the Bipartisan Budget Act of 2018 or the Disaster Relief Appropriations Act, 2013 and for which nonfederal interests have entered into binding contracts.

(Sec. 110) This section specifies requirements for reallocating certain unobligated construction funds that were provided to the Corps of Engineers by the Disaster Relief Supplemental Appropriations Act, 2022.

(Sec. 111) This section specifies that certain studies or projects that were previously funded by the Bipartisan Budget Act of 2018, the Disaster Relief Appropriations Act, 2013, and the Infrastructure Investment and Jobs Act are not required to be completed with those funds.

(Sec. 112) This section transfers specified unobligated Corps of Engineers funds to the Investigations account and requires the funds to be used for certain studies that were previously funded by the Bipartisan Budget Act of 2018 or the Infrastructure Investment and Jobs Act and for which nonfederal interests have entered into feasibility cost-sharing agreements with the Corps of Engineers.

TITLE II--DEPARTMENT OF THE INTERIOR

This title provides appropriations to the Department of the Interior for the Central Utah Project.

The title also provides appropriations to the Bureau of Reclamation for

  • Water and Related Resources,
  • the Central Valley Project Restoration Fund,
  • California Bay-Delta Restoration, and
  • Policy and Administration.

The title permits appropriations to the Bureau of Reclamation to be used for the purchase and replacement of up to 30 motor vehicles.

(Sec. 201) This section specifies the circumstances in which the Bureau of Reclamation may reprogram or transfer funds provided by this title.

(Sec. 202) This section prohibits funds provided by this division from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters.

It requires the plan to conform to California water quality standards as approved by the Environmental Protection Agency.

The section also directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans.

Finally, the section requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies.

(Sec. 203) This section increases the authorization of appropriations for certain grants and cooperative agreements for water management improvement.

(Sec. 204) This section extends the authority for the Calfed Bay-Delta Program, which addresses ecosystem restoration and water management issues in California.

(Sec. 205) This section extends the authority for the Bureau of Reclamation to provide grants to, and enter into contracts or other agreements with, the Rio Grande Pueblos for projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure.

(Sec. 206) This section extends the authority for the Bureau of Reclamation to conduct certain activities to aid eligible states affected by drought.

(Sec. 207) This section extends the Bureau of Reclamation's climate change and water program through FY2024. Under the program, Reclamation assesses the effects of global climate change on the quantity of water resources in certain states and develops strategies to address potential water shortages, conflicts, and other impacts to such water resources.

TITLE III--DEPARTMENT OF ENERGY

This title provides appropriations to the Department of Energy (DOE) for energy programs, including

  • Energy Efficiency and Renewable Energy;
  • Cyber Security, Energy Security, and Emergency Response;
  • Electricity;
  • Grid Deployment;
  • Nuclear Energy;
  • Fossil Energy and Carbon Management;
  • Energy Projects;
  • Naval Petroleum and Oil Shale Reserves;
  • the Strategic Petroleum Reserve (SPR);
  • the SPR Petroleum Account;
  • the Northeast Home Heating Oil Reserve;
  • the Energy Information Administration;
  • Non-Defense Environmental Cleanup;
  • the Uranium Enrichment Decontamination and Decommissioning Fund;
  • Science;
  • Nuclear Waste Disposal;
  • Technology Transitions;
  • Clean Energy Demonstrations;
  • the Advanced Research Projects Agency--Energy;
  • the Title 17 Innovative Technology Loan Guarantee Loan Program;
  • the Advanced Technology Vehicles Manufacturing Loan Program;
  • the Tribal Energy Loan Guarantee Program;
  • Indian Energy Policy and Programs;
  • Departmental Administration; and
  • the Office of the Inspector General.

The title provides appropriations for the atomic energy defense activities of the National Nuclear Security Administration (NNSA), including:

  • Weapons Activities,
  • Defense Nuclear Nonproliferation,
  • Naval Reactors, and
  • Federal Salaries and Expenses.

The title provides appropriations for environmental and other defense activities, including:

  • Defense Environmental Cleanup,
  • Defense Uranium Enrichment Decontamination and Decommissioning, and
  • Other Defense Activities.

The title provides appropriations for the Power Marketing Administrations, including

  • the Bonneville Power Administration Fund;
  • Southeastern Power Administration Operation and Maintenance;
  • Southwestern Power Administration Operation and Maintenance;
  • Western Area Power Administration Construction, Rehabilitation, and Operation and Maintenance; and
  • the Falcon and Amistad Operating and Maintenance Fund.

The title provides appropriations for the Federal Energy Regulatory Commission.

(Sec. 301) This section prohibits funds provided by this title from be used for programs, projects, or activities that have not been funded by Congress. It also includes provisions that

  • prohibit specified grants, contracts, allocations, funding, and agreements unless Congress is notified in advance;
  • prohibit funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified;
  • establish reporting requirements;
  • establish authorities and restrictions for the reprogramming of funds provided in this title; and
  • permit unexpended balances of prior appropriations provided for activities in this division to be available to and merged with the same appropriation accounts for such activities established pursuant to this title.

(Sec. 302) This section prohibits funds provided by this title from being used to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Enterprise Assessments to ensure compliance with nuclear safety requirements.

(Sec. 303) This section prohibits funds provided by this title from being used to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed for the project for that critical decision.

(Sec. 304) This section prohibits funds provided by this title from being used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100 million in federal funding unless the project is carried out through internal independent project management procedures.

(Sec. 305) This section prohibits funds from being transferred directly from the Western Area Power Administration's Colorado River Basins Power Marketing Fund to the general fund of the Treasury in the current fiscal year.

(Sec. 306) This section limits the funds provided by this division that may be obligated for the W80-4 Alteration-SLCM (an alteration to the W80-4 nuclear warhead that could be deployed by the Navy on a new Sea-Launched Cruise Missile) until after the National Nuclear Security Administration certifies to Congress that it has complied with provisions of the National Defense Authorization Act for Fiscal Year 2023 that require a report on development and a spending plan for the warhead.

(Sec. 307) This section requires specified unobligated funds to be transferred to the DOE Office of the Inspector General to oversee the funds provided to DOE by the Infrastructure Investment and Jobs Act and the Inflation Reduction Act of 2022.

(Sec. 308) This section requires DOE to (1) draw down and sell 1 million barrels of refined petroleum product from the Strategic Petroleum Reserve (SPR) during FY2024, (2) deposit the proceeds from the sale into the Treasury, and (3) close the Northeast Gasoline Supply Reserve after the sale is completed.

This section also prohibits DOE from establishing a new regional petroleum product reserve unless funding for the reserve is explicitly requested in advance in the President's budget and is approved by Congress in an appropriations act.

(Sec. 309) This section prohibits funds provided by this division from being used to draw down and sell petroleum products from the SPR (1) to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or (2) except on the condition that such petroleum products will not be exported to China.

(Sec. 310) This section prohibits DOE from using funds provided by this division to award any grant, contract, cooperative agreement, or loan of $10 million or greater to an entity of concern, as defined by the CHIPS Act of 2022. DOE must implement this requirement using a risk-based approach and analytical tools to aggregate, link, analyze, and maintain information reported by an entity seeking or receiving such funds made available by this division.

(Sec. 311) This section makes specified unobligated funds that were provided by the Infrastructure Investment and Jobs Act available for (1) grants to support the design, licensing, and deployment of certain nuclear reactors; and (2) university and college-based nuclear reactor safety training.

(Sec. 312) This section makes specified unobligated funds available to carry out the Nuclear Fuel Security Act of 2023.

The funds may not be repurposed or transferred pursuant to this section until a law is enacted or administrative action is taken to prohibit or limit the importation of low enriched uranium (LEU) and high-assay low enriched uranium (HALEU) from Russia or by a Russian entity into the United States.

This section also amends the Nuclear Fuel Security Act of 2023 to repeal provisions related to a revolving fund for revenues received from the sale or transfer of fuel feed material.

(Sec. 313) This section prohibits DOE from using funds to pay the salaries and expenses of any contractor for a DOE National Laboratory detailed to a congressional committee office, a congressional Member office, or the executive branch for longer than 24 months to (1) perform work, or participate in any matter, with the intent to influence decisions or determinations regarding a National Laboratory; or (2) participate in any matter that may have a direct and predictable effect on the contractor's employer or personal financial interest.

(Sec. 314) This section amends the Infrastructure Investment and Jobs Act to increase the portion of funding that is available from various DOE accounts for program direction.

TITLE IV--INDEPENDENT AGENCIES

This title provides appropriations for independent agencies, including

  • the Appalachian Regional Commission,
  • the Defense Nuclear Facilities Safety Board,
  • the Delta Regional Authority,
  • the Denali Commission,
  • the Northern Border Regional Commission,
  • the Southeast Crescent Regional Commission,
  • Southwest Border Regional Commission,
  • the Great Lakes Authority,
  • the Nuclear Regulatory Commission (NRC), and
  • the Nuclear Waste Technical Review Board.

(Sec. 401) This section requires the NRC to comply with specified internal procedures when responding to congressional requests for information, consistent with Department of Justice guidance for all federal agencies.

(Sec. 402) This section sets forth authorities and restrictions for reprogramming NRC funds provided by this title.

TITLE V--GENERAL PROVISIONS

(Sec. 501) This section prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate with Members of Congress as permitted under current law.

(Sec. 502) This section specifies restrictions and requirements for transfers of funds into and out of accounts funded by this division.

(Sec. 503) This section prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 504) This section prohibits funds provided by this division from being used to admit any non-U.S. citizen from Russia or China to any nuclear weapons production facility, other than to areas accessible to the general public, unless DOE notifies Congress 30 days in advance.

DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024

This division provides FY2024 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies.

TITLE I--DEPARTMENT OF THE INTERIOR

This title provides appropriations to the Bureau of Land Management (BLM) for

  • Management of Lands and Resources;
  • Oregon and California Grant Lands;
  • Range Improvements;
  • Service Charges, Deposits, and Forfeitures; and
  • Miscellaneous Trust Funds.

The title provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for

  • Resource Management,
  • Construction,
  • the Cooperative Endangered Species Conservation Fund,
  • the National Wildlife Refuge Fund,
  • the North American Wetlands Conservation Fund,
  • Neotropical Migratory Bird Conservation,
  • the Multinational Species Conservation Fund, and
  • State and Tribal Wildlife Grants.

The title provides appropriations to the National Park Service (NPS) for

  • Operation of the National Park System,
  • National Recreation and Preservation,
  • the Historic Preservation Fund,
  • Construction, and
  • the Centennial Challenge.

The title allows certain franchise fees to be available for expenditure without further appropriation for use at any unit within the NPS to extinguish or reduce liability for a possessory interest or leasehold surrender interest.

The NPS may retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the act.

NPS funds may be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.

The title rescinds specified unobligated funds that were provided to the NPS for Construction.

The title provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.

The title provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.

The title provides appropriations to the Bureau of Safety and Environmental Enforcement for (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.

The title provides appropriations to the Office of Surface Mining Reclamation and Enforcement for (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.

The title provides appropriations to the Bureau of Indian Affairs (BIA) for

  • Operation of Indian Programs,
  • Indian Land Consolidation,
  • Contract Support Costs,
  • Payments for Tribal Leases,
  • Construction,
  • Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and
  • the Indian Guaranteed Loan Program Account.

The title provides appropriations to the Bureau of Indian Education (BIE) for (1) Operation of Indian Education Programs, and (2) Education Construction.

The title also includes administrative provisions that

  • permit the BIA to contract for services for the Power Division of the San Carlos Irrigation Project;
  • limit the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA or the BIE under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994;
  • permit tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations;
  • prohibit the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska;
  • restrict the establishment of new schools and the expansion of grade levels in individual schools within the BIE school system;
  • specify the formula to be used to distribute indirect and administrative costs to certain tribes;
  • prohibit funds provided by this division from being used to establish satellite locations of schools in the BIE school system as of September 1, 1996, with specified exceptions; and
  • allow funds made available for Tribal Priority Allocations to be used to execute requested adjustments in tribal priority allocations initiated by tribes.

The title provides appropriations to the Bureau of Trust Funds Administration.

The title provides appropriations for Departmental Offices, including

  • the Office of the Secretary,
  • Insular Affairs,
  • the Office of the Solicitor, and
  • the Office of Inspector General.

At the request of the governor of Guam, Interior may transfer certain funds that are allocated for Guam to the Department of Agriculture for the costs of certain direct and guaranteed loans authorized for construction and repair projects in Guam.

The title provides appropriations for Department-Wide Programs, including

  • Wildland Fire Management,
  • the Wildfire Suppression Operations Reserve Fund,
  • the Central Hazardous Materials Fund,
  • the Energy Community Revitalization Program,
  • the Natural Resources Damage Assessment Fund,
  • the Working Capital Fund, and
  • the Office of Natural Resources Revenue.

The title also (1) permits the Working Capital Fund to be used to acquire aircraft by donation, purchase, or through available excess surplus property; and (2) permits the existing aircraft being replaced to be sold, with the proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft.

(Sec. 101) This section permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.

(Sec. 102) This section provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.

(Sec. 103) This section permits Interior to use appropriations provided in this title for

  • employing temporary or intermittent experts and consultants;
  • purchasing and replacing motor vehicles;
  • hiring, maintenance, and operation of aircraft;
  • hiring of passenger motor vehicles;
  • purchasing reprints;
  • telephone services in private residences in the field; and
  • certain library memberships.

(Sec. 104) This section permits certain funds provided to the BIA, the BIE, and the Bureau of Trust Funds Administration to be available for expenditure or transfer for Indian trust management and reform activities, provided that total funding for settlement support activities does not exceed funding provided by this division for that purpose.

(Sec. 105) Interior may redistribute Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies. No tribe may receive a reduction in Tribal Priority Allocation funds of more than 10% in FY2024 except in the cases of dual enrollment, overlapping service areas, or inaccurate distribution methodologies.

(Sec. 106) This section authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.

(Sec. 107) Interior must collect specified Outer Continental Shelf inspection fees.

(Sec. 108) Interior may enter into multiyear cooperative agreements and contracts with nonprofit organizations and other entities for the long-term care and maintenance of excess wild free roaming horses and burros on private land.

(Sec. 109) The USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, must implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.

(Sec. 110) The BIA, in carrying out work involving cooperation with state, local, and tribal governments, may record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.

(Sec. 111) This section permits Interior to make grants to, or enter into cooperative agreements with, certain nonprofit organizations to use the talents of older Americans in Interior programs under the Department of the Interior Experienced Services Program. It also specifies requirements for the agreements.

(Sec. 112) This section requires funds provided to Interior by this division to be available for obligation and expenditure no later than 60 days after the enactment of this act.

(Sec. 113) This section permits Interior to transfer certain funds between offices and bureaus of the BIA and BIE in order to implement an orderly transition to separate accounts.

(Sec. 114) This section provides FY2024 funding for the Payment in Lieu of Taxes (PILT) program. (PILT provides payments that are intended to compensate local governments for losses in property tax revenue due to the presence of nontaxable federal land within their boundaries.)

(Sec. 115) This section requires the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement to post a notification on its publicly available website after prescribing or approving a departure from or alternative to required procedures or equipment with respect to certain plans or permits.

(Sec. 116) This section authorizes the National Park Service, upon the request of Virginia or the District of Columbia, to convey specified federal land for the construction of rail and other infrastructure relating to the Long Bridge Project. (The Long Bridge Project is a project being carried out by the District and Virginia to construct a new Long Bridge adjacent to the existing Long Bridge over the Potomac River to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the Potomac River.)

(Sec. 117) This section allows Native American tribes or authorized tribal organizations that receive Tribally-Controlled School Grants to obtain interagency motor vehicles and related services in the same manner that they would for performing activities under the Indian Self Determination and Education Assistance Act.

(Sec. 118) This section permits Interior to use funds provided for the Appraisal and Valuation Services Office to establish higher minimum rates of basic pay for certain employees who carry out appraisals of real property and appraisal reviews for Interior's realty programs.

(Sec. 119) This section prohibits funds from being used to write or issue certain rules for the sage-grouse pursuant to the Endangered Species Act of 1973.

(Sec. 120) This section allows the National Park Service to retain specified funds for the State Conservation Grants program to provide matching grants to support state program administrative costs.

(Sec. 121) This section permits Interior to reduce the percentage allocation of concession franchise fees that would otherwise apply to a unit or area of the National Park Service for a fiscal year if Interior determines that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which expenditures may be made for that fiscal year. The percentage allocation may not be reduced below 60%.

(Sec. 122) This section extends the authority for deposits into the Historic Preservation Fund from offshore energy revenue through FY2024.

(Sec. 123) This section establishes an account for offshore decommissioning activities of the Bureau of Ocean Energy Management (BOEM). It also requires certain revenues to deposited into the account and permits the BOEM to use the funds without further appropriations.

(Sec. 124) This section establishes the Department of the Interior Nonrecurring Expenses Fund and allows certain unobligated funds to be transferred into the fund. The fund may be used for purposes such as information and business technology system modernization, facilities infrastructure improvements, and associated administrative expenses, including nonrecurring maintenance.

(Sec. 125) This section increases the authorization of appropriations for the Ebey's Landing National Historic Reserve.

(Sec. 126) This section permits Interior to authorize and execute agreements to achieve operating efficiencies among and between two or more component bureaus and offices through the following activities:

  • co-locating in offices and facilities leased or owned by any component and sharing related utilities and equipment;
  • detailing or assigning staff on a non-reimbursable basis for up to five business days; and
  • sharing staff and equipment necessary to meet mission requirements.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

This title provides appropriations to the Environmental Protection Agency (EPA) for

  • Science and Technology,
  • Environmental Programs and Management,
  • the Office of Inspector General,
  • Buildings and Facilities,
  • Hazardous Substance Superfund,
  • the Leaking Underground Storage Tank Trust Fund Program,
  • Inland Oil Spill Programs,
  • State and Tribal Assistance Grants, and
  • the Water Infrastructure Finance and Innovation Program Account.

The title also permits the EPA to

  • award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program;
  • collect and spend pesticide registration service fees;
  • collect and spend fees for the Hazardous Waste Electronic Manifest System;
  • transfer funds from the Environmental Programs and Management account to other federal agencies for activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs;
  • use specified funds for the construction, alteration, repair, rehabilitation, and renovation of facilities;
  • use funds to make grants to Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act); and
  • use funds provided for Environmental Programs and Management to provide grants to implement the Southeastern New England Watershed Restoration Program.

The title allows the Office of Chemical Safety and Pollution Prevention and the Office of Water to use specified funds to contract directly with individuals or indirectly with institutions or nonprofit organizations for the temporary or intermittent personal services of students or recent graduates.

Notwithstanding certain limitations included in the Clean Water Act, the EPA must make at least $2.5 million of the funds provided for the National Estuary Program available for certain competitive grants.

The title also requires the EPA to provide Congress certain certifications and operating plans regarding receipts collected for the Hazardous Substance Superfund Trust Fund.

TITLE III--RELATED AGENCIES

This title provides appropriations to the Department of Agriculture (USDA) for the Office of the Under Secretary for Natural Resources and Environment.

The title also provides appropriations to USDA for the Forest Service, including for

  • Forest Service Operations;
  • Forest and Rangeland Research;
  • State and Private Forestry;
  • the National Forest System;
  • Capital Improvement and Maintenance;
  • Land Acquisition;
  • the Range Betterment Fund;
  • Gifts, Donations, and Bequests for Forest and Rangeland Research;
  • Management of National Forest Lands for Subsistence Uses;
  • Wildland Fire Management;
  • the Wildfire Suppression Operations Reserve Fund; and
  • Communications Site Administration.

Forest Service appropriations may be used for

  • the purchase and use of motor vehicles and aircraft;
  • employment of temporary or intermittent personnel;
  • purchase, erection, and alteration of buildings and other public improvements;
  • acquisition of land and waters;
  • expenses pursuant to the Volunteers in the National Forest Act of 1972;
  • uniforms; and
  • debt collection contracts.

Funds provided to the Forest Service by this division may be transferred between accounts affected by a specified budget restructuring.

The title specifies authorities and requirements for transferring funds to or from the Wildland Fire Management account.

Forest Service appropriations may be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.

Forest Service appropriations may be used to enter into a cooperative agreement with the Forest Service International Foundation to assist the foundation in meeting administration, project, and other expenses.

Forest Service appropriations may be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.

Forest Service appropriations may not be transferred using authority provided in several specified statutory provisions.

The title limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).

Specified funds shall be available for projects to be carried out by the Youth Conservation Corps under the authority of the Public Lands Corps Act of 1993.

The Chief of the Forest Service may use specified funds for official reception and representation expenses.

Specified funds may be used to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.

Forest Service appropriations may be used to provide grants and enter into cooperative agreements to support forest or grassland collaboratives in the accomplishment of activities benefitting both the public and the National Forest System, federal lands, and adjacent nonfederal lands.

This title ratifies and approves certain payments made by the Forest Service for expenses associated with primary and secondary schooling for dependents of certain agency personnel stationed in Puerto Rico.

Funds may be used for interactions with and to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.

Forest Service appropriations shall be available for payments to counties within the Columbia River Gorge National Scenic Area.

Forest Service appropriations may be used to meet the nonfederal share requirement included in a provision of the Older Americans Act of 1965 related to the Senior Community Service Employment Program.

The Forest Service may not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.

Specified funds may be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.

The title permits an individual employed under any project funded under Title V of the Older Americans Act of 1965 to be considered a federal employee for purposes of the Federal Tort Claims Act.

The Forest Service may employ or contract with an individual who is enrolled in a training program at a longstanding Civilian Conservation Center at regular rates of pay for necessary hours of work on National Forest System lands.

Forest Service appropriations may be used to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for specified programs and activities.

The title provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including

  • Indian Health Services,
  • Contract Support Costs,
  • Payments for Tribal Leases, and
  • Indian Health Facilities.

It also provides appropriations to HHS for (1) the National Institute of Environmental Health Sciences, and (2) the Agency for Toxic Substances and Disease Registry.

The title provides appropriations to other related agencies, including

  • the Executive Office of the President for the Council on Environmental Quality and Office of Environmental Quality;
  • the Chemical Safety and Hazard Investigation Board;
  • the Office of Navajo and Hopi Indian Relocation;
  • the Institute of American Indian and Alaska Native Culture and Arts Development;
  • the Smithsonian Institution;
  • the National Gallery of Art;
  • the John F. Kennedy Center for the Performing Arts;
  • the Woodrow Wilson International Center for Scholars;
  • the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities;
  • the Commission of Fine Arts;
  • the Advisory Council on Historic Preservation;
  • the National Capital Planning Commission;
  • the U.S. Holocaust Memorial Museum;
  • the Presidio Trust; and
  • the U.S. Semiquincentennial Commission.

TITLE IV--GENERAL PROVISIONS

(Sec. 401) This section prohibits funds provided by this division from being used to promote public support or opposition to any legislative proposal before Congress, other than to communicate with Congress as permitted under current law.

(Sec. 402) This section prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless the obligation is expressly permitted in this division.

(Sec. 403) This section requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.

(Sec. 404) This section prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions.

Interior must report to Congress regarding actions taken by the department under the plan submitted regarding a processing schedule for certain applications for patents that were filed on or before September 30, 1994.

Upon the request of a patent applicant, Interior must allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. The BLM must be responsible for selecting and paying the third-party contractor.

(Sec. 405) This section extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.

(Sec. 406) This section limits the use of FY2024 funds for contract support costs on Indian contracts.

(Sec. 407) This section permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.

(Sec. 408) This section prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument, as the boundary existed on January 20, 2001. It includes an exception for activities allowed under the presidential proclamation establishing the monument.

(Sec. 409) This section restricts land acquisition funds provided by this division from being used for the filing of declarations of taking or complaints in condemnation without the approval of Congress. It includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.

(Sec. 410) This section prohibits no-bid contracts except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this act.

(Sec. 411) This section requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. The requirement does not apply if (1) the public posting of the report comprises national security, or (2) the report contains proprietary information.

(Sec. 412) This section establishes grant guidelines for the NEA.

(Sec. 413) This section establishes priorities for programs administered by the NEA.

(Sec. 414) This section directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.

(Sec. 415) This section extends the authority of the Forest Service to renew certain grazing permits.

(Sec. 416) This section prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks access to pornography websites. It includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.

(Sec. 417) Interior and USDA may transfer excess wild horses or burros that have been removed from public lands to other federal, state, and local agencies for use as work animals. Any animal transferred loses its status as a wild free-roaming horse or burro. Any agency receiving the animals may not (1) destroy, sell, or otherwise transfer them in a way that results in their destruction for processing into commercial products; or (2) euthanize the horses or burros except upon the recommendation of a licensed veterinarian, in cases of severe injury, illness, or advanced age.

Funds provided by this division may not be used for the destruction of healthy, unadopted, wild horses and burros under the jurisdiction of Interior or USDA (including contractors) or for the sale of wild horses and burros that results in their destruction for processing into commercial products.

(Sec. 418) This section extends the authority for conveyances of certain Forest Service administrative sites.

(Sec. 419) This section prohibits any funds made available by a state water pollution control revolving fund authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.

(Sec. 420) This section authorizes Interior to (1) enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices; and (2) transfer title to excess Interior firefighting equipment to the organizations.

(Sec. 421) This section extends the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.

(Sec. 422) This section prohibits funds from being reprogrammed without the prior approval of Congress in accordance with procedures contained in the explanatory statement accompanying this division.

(Sec. 423) This section extends a provision that permits USDA and Interior, in awarding contracts for certain activities on public lands, to give consideration to certain local contractors who provide employment and training for dislocated and displaced workers in an economically disadvantaged rural community.

(Sec. 424) This section extends the authority for the Shasta-Trinity National Forest to collect and spend marina fees.

(Sec. 425) This section extends the Forest Service's Interpretive Association authority, which allows the Forest Service to enter into agreements with federal, tribal, state, or local governments or nonprofit entities for purposes such as providing educational and interpretive products or services for visitors to Forest Service facilities.

(Sec. 426) This section extends the authority of the Forest Service to collect fees for forest botanical products (e.g., flowers or seeds) harvested on National Forest System lands.

(Sec. 427) This section prohibits oil and gas leasing on specified federal land within the Chaco Culture National Historical Park until the completion of a specified cultural resources investigation.

(Sec. 428) This section requires certain federal leases of tribal facilities used for the administration and delivery of services to begin no earlier than the date of receipt of the lease proposal. It also requires Interior and the Department of Health and Human Services to consult with tribes and tribal organizations regarding the requirements for the leases.

(Sec. 429) This section extends the authority for the Forest Ecosystem Health and Recovery Fund.

(Sec. 430) This section specifies requirements for allocating FY2024 funds from (1) the National Parks and Public Land Legacy Restoration Fund and, (2) the Land and Water Conservation Fund. It also establishes reporting requirements regarding the funds.

(Sec. 431) This section requires the Department of Energy (DOE), USDA, and the EPA to jointly ensure that federal policy relating to forest bioenergy (1) is consistent across all department and agencies, and (2) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management.

It also requires DOE, USDA, and the EPA to establish clear and simple policies for the use of forest biomass as an energy solution, including policies that

  • reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use;
  • encourage private investment throughout the forest biomass supply chain;
  • encourage forest management to improve forest health; and
  • recognize state initiatives to produce and use forest biomass.

(Sec. 432) This section prohibits funds provided by this division from being used to implement or enforce certain EPA regulations for commercial and industrial solid waste incineration units with respect to small remote incinerators located in Alaska.

(Sec. 433) This section sets forth requirements regarding the sale of timber from a specified region in Alaska.

(Sec. 434) This section allows certain funds provided by this division for the National Parks and Public Land Legacy Restoration Fund to be transferred to the Federal Highway Administration for transportation projects of the NPS, USFWS, Forest Service, BLM, or BIE.

(Sec. 435) This section prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.

(Sec. 436) This section prohibits funds from being used to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.

(Sec. 437) This section prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.

(Sec. 438) This section extends the authority for Interior and the Forest Service to waive the cap on premium pay for certain employees who are engaged in emergency wildland fire suppression activities.

(Sec. 439) This section makes a technical correction to a Congressionally Directed Spending Item that was included in the Consolidated Appropriations Act, 2023.

(Sec. 440) This title extends provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities.

(Sec. 441) This section prohibits funds provided by this division from being used to grant, issue, or renew a right-of-way for the Lava Ridge Wind Project in Idaho, unless or until the Bureau of Land Management (BLM), has analyzed, in consultation with local elected officials and stakeholders, action alternatives designed to reduce impacts to wildlife, cultural resources, transportation, hunting, wetlands, and the connected surface and ground waters.

(Sec. 442) This section requires BLM, upon request of a claimant, to prioritize the completion of a validity determination for any mining claims located within the area covered by Public Land Order 7921. (The order withdraws public lands within the Railroad Valley area in Nye County, Nevada, from settlement, sale, location, or entry under the public land laws for 20 years and reserves them for National Aeronautics and Space Administration (NASA) satellite calibration activities.)

BLM must strive to complete such a determination within three years of receipt of the request.

(Sec. 443) This section extends authorities related to the Good Neighbor Authority through FY2024 and expands the authority to include the National Park Service and the U.S. Fish and Wildlife Service. (Under current law, the authority generally allows the Forest Service and BLM to authorize states, counties, and federally recognized Indian tribes to conduct certain projects on federal lands in pursuit of specified land management goals.)

(Sec. 444) This section establishes the Forest Service Nonrecurring Expenses Fund and allows certain unobligated funds to be transferred into the fund. The fund may be used for purposes such as information technology; administrative expenses; facilities infrastructure maintenance, improvements, improvements, and construction; and roads infrastructure maintenance.

(Sec. 445) This section allows the World War I Centennial Commission to accept money, in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the commission.

(Sec. 446) This section rescinds specified unobligated funds that were made available from the Land and Water Conservation fund for (1) National Park Service grant programs, and (2) the Bureau of Land Management.

(Sec. 447) This section rescinds specified unobligated funds that were provided to the Indian Health Service by the American Rescue Plan Act of 2021.

(Sec. 448) This section rescinds specified unobligated funds that were provided to the Indian Health Service for costs related to or resulting from accreditation emergencies.

DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024

This division provides FY2024 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.

The division includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.

TITLE I--DEPARTMENT OF TRANSPORTATION

Department of Transportation Appropriations Act, 2024

This title provides FY2024 appropriations for the Department of Transportation (DOT).

The title provides appropriations for the Office of the Secretary, including

  • Salaries and Expenses;
  • Research and Technology;
  • National Infrastructure Investments;
  • the National Surface Transportation and Innovative Finance Bureau;
  • Rural and Tribal Infrastructure Advancement;
  • the Railroad Rehabilitation and Improvement Financing Program;
  • Financial Management Capital;
  • Cyber Security Initiatives;
  • the Office of Civil Rights;
  • Transportation Planning, Research, and Development;
  • the Working Capital Fund;
  • Small and Disadvantaged Business Utilization and Outreach; and
  • Payments to Air Carriers.

(Sec. 101) This section prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this division except for activities underway on the date of enactment, unless the reprogramming process has been completed.

(Sec. 102) This section requires DOT to (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) direct the council to record the decisions and actions of each meeting.

(Sec. 103) This section permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from all federal agencies for transit benefit distribution services that are necessary to carry out the federal transit pass transportation fringe benefit program.

DOT must maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to government employees. The reserve may not exceed one month of benefits and may be used only for transit benefits.

(Sec. 104) This section permits certain receipts collected in the Working Capital Fund from unused transit and van pool benefits to be used to provide contractual services to support certain modifications to the transit benefit program, including setting uniform standards for developing and supporting agency transit passes and benefits.

(Sec. 105) This section prohibits funds provided by this title from being used for retention or senior executive bonuses for DOT employees without the prior written approval of the Assistant Secretary for Administration.

(Sec. 106) This section permits the Working Capital Fund to (1) transfer information technology equipment, software, and systems from departmental sources or other entities into the fund; and (2) collect and maintain a reserve at rates which will return the full cost of the transferred assets.

(Sec. 107) This section requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.

(Sec. 108) This section rescinds specified unobligated funds that were provided for the Railroad Rehabilitation and Improvement Financing Program.

(Sec. 109) This section allows DOT to transfer funds awarded to a federally recognized tribe under a funding agreement entered into under the Tribal Transportation Self-Governance Program from DOT's operating administrations to the Office of Tribal Government Affairs.

(Sec. 109A) This section permits DOT to transfer certain funds that were provided for the administrative expenses of Local and Regional Project Assistance Program Grants (known as RAISE grants) and the University Transportation Centers Program to be transferred to the Office for Multimodal Freight Infrastructure and Policy account. The transferred funds may be used for the necessary expenses of award, administration, or oversight of any DOT financial assistance program.

(Sec. 109B) This section requires specified National Infrastructure Investments funds to be used to complete certain port, rail, or highway infrastructure projects.

(Sec. 109C) This section reduces the amount of funding that is reserved for planning grants under the Safe Streets and Roads for All grant program.

(Sec. 109D) This section extends the availability of specified funds that were provided for National Infrastructure Investments.

(Sec. 109E) This section increases the set-aside for historically disadvantaged communities or areas of persistent poverty that applies to FY2024 funds that were provided for the Local and Regional Project Assistance program (known as RAISE grants) by the Infrastructure Investment and Jobs Act.

The title provides appropriations to the Federal Aviation Administration (FAA) for

  • Operations;
  • Facilities and Equipment;
  • Research, Engineering, and Development; and
  • Grants-In-Aid for Airports.

Funds provided by this division may not be used for

  • new applicants for the second career training program,
  • new unauthorized aviation user fees, or
  • aeronautical charting and cartography activities through the Working Capital Fund.

The title prohibits funds from being used to eliminate the Contract Weather Observers program at any airport.

The title permits funds received from specified public, private, and foreign sources for expenses incurred in the provision of FAA services to be credited to the FAA Operations account.

(Sec. 110) This section limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.

(Sec. 111) This section prohibits the FAA from requiring airport sponsors to provide the FAA without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting. The prohibition does not apply to negotiations between the FAA 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 FAA for air traffic control facilities.

(Sec. 112) This section permits the FAA to reimburse funds that were made available to carry out the Essential Air Service program from certain fees. (The program was established to ensure that small communities have a minimum level of air service.)

(Sec. 113) This section permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.

(Sec. 114) This section prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.

(Sec. 115) This section prohibits the FAA from using funds provided by this division to purchase a store gift card or gift certificate using a government-issued credit card.

(Sec. 116) This section requires the FAA, upon request of an owner or operator of a private aircraft, to block identifying information from certain publicly available flight tracking displays.

(Sec. 117) This section prohibits funds provided by this division from being used to pay the salaries and expenses of more than nine political and presidential FAA appointees.

(Sec. 118) This section prohibits funds provided by this division from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products and explains how the fees are consistent with Executive Order 13642 (Making Open and Machine Readable the New Default for Government Information).

(Sec. 119) This section requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.

(Sec. 119A) This section prohibits funds provided by this division from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.

(Sec. 119B) This section prohibits funds provided by this division from being used to withhold from consideration certain applications for participation in the Contract Tower Program or for reevaluations of Cost-share Program Participants.

(Sec. 119C) This section prohibits funds provided by this division from being used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the FAA submits a request for reprogramming using procedures specified in this division.

(Sec. 119D) This section allows the FAA Administrative Services Franchise Fund to be reimbursed after performance or paid in advance from funds available to the FAA and other federal agencies for which the fund perform services.

(Sec. 119E) This section restricts the use of certain authorities to transfer certain air traffic systems or equipment to the FAA.

(Sec. 119F) This section allows the transfer of certain funds from the Grants-in-Aid for Airports account to reimburse certain airports and providers of general aviation ground support services impacted by temporary flight restrictions for any residence of the President that is designated or identified to be secured by the Secret Service. The funds may not be obligated or distributed until an independent audit is completed.

(Sec. 119G) This section rescinds specified unobligated funds that were provided to the FAA for Facilities and Equipment.

(Sec. 119H) This section prohibits funds provided by this division from being used to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis.

The title provides (1) funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways, and (2) appropriations for Highway Infrastructure Programs.

(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund [HTF]. Contract authority is the authority to obligate funds in advance of an appropriations act.

Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)

(Sec. 120) This section specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.

(Sec. 121) This section credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.

(Sec. 122) This section requires DOT to (1) provide an informal public notice and comment opportunity prior to waiving any Buy America requirement for federal-aid highway projects, and (2) post on a website any waivers granted under the Buy America requirements.

(Sec. 123) This section requires DOT to notify Congress 60 days in advance before making grants under the Nationally Significant Multimodal Freight and Highway Projects Program (also known as Infrastructure for Rebuilding America (INFRA) program).

(Sec. 124) This section allows states to repurpose certain highway project funding for projects that are within 25 miles of the area for which the project was originally designated.

(Sec. 125) This section rescinds specified unobligated funds from various Federal Highway Administration accounts.

(Sec. 126) This section makes specified unobligated funds available for a competitive highway bridge program for states that meet certain requirements, including requirements regarding population density and the current condition of bridges.

The title provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.

(Sec. 130) This section requires the FMCSA to send notice of violations of certain safety procedures and regulations that could require expedited safety audits, compliance reviews, or corrective actions using certified mail, registered mail, or another manner of delivery that records the receipt of the notice by the persons responsible for the violation.

(Sec. 131) This section prohibits DOT from using funds to enforce certain requirements for the use of electronic logging devices with respect to operators of commercial motor vehicles transporting livestock or insects.

The title provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.

It also provides funding from the HTF to NHTSA for (1) Operations and Research, and (2) Highway Traffic Safety Grants.

(Sec. 140) This section exempts from the current fiscal year's obligation limitation for NHTSA programs any obligation authority that was made available in previous public laws and has not lapsed or been used.

(Sec. 141) This section provides additional funding to NHTSA to pay for (1) travel and related expenses for state management reviews, and (2) core competency development training and related expenses for highway safety staff.

The title provides appropriations to the Federal Railroad Administration (FRA) for

  • Safety and Operations,
  • Railroad Research and Development,
  • the Federal-State Partnership for Intercity Passenger Rail,
  • Consolidated Rail Infrastructure and Safety Improvements,
  • Northeast Corridor Grants to the National Railroad Passenger Corporation (Amtrak), and
  • National Network Grants to Amtrak.

(Sec. 150) This section allows the FRA to transfer certain funds to the Financial Assistance Oversight and Technical Assistance account to support the award, administration, project management oversight, and technical assistance for financial assistance administered by the FRA.

(Sec. 151) This section limits overtime compensation for Amtrak employees. It also (1) permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons, and (2) requires Amtrak to report to Congress on waivers granted and overtime payments incurred.

(Sec. 152) This section prohibits Amtrak from using funds provided by this division to reduce the total number of Amtrak Police Department uniformed officers patrolling on board passenger trains or at stations, facilities, or rights-of-way below the staffing level on May 1, 2019.

(Sec. 153) This section prohibits funds provided by this division from being used by Amtrak in contravention of the Worker Adjustment and Retraining Notification Act.

(Sec. 154) This section rescinds specified unobligated funds from various FRA accounts.

(Sec. 155) This section expresses the sense of Congress that long-distance passenger rail routes (1) provide much-needed transportation access and are particularly important in rural areas, and (2) should be sustained to ensure connectivity throughout the National Network.

The title provides appropriations to the Federal Transit Administration (FTA) for

  • Transit Infrastructure Grants,
  • Technical Assistance and Training,
  • Capital Investment Grants, and
  • Grants to the Washington Metropolitan Area Transit Authority.

The title also provides funding from the HTF to the FTA for Transit Formula Grants.

(Sec. 160) This section exempts previously made transit obligations from limitations on obligations.

(Sec. 161) This section permits certain Capital Investment Grant funds that are provided for projects specified in this division and are not obligated by September 30, 2027, to be directed to projects eligible to use the funds for the purposes for which they were originally provided.

(Sec. 162) This section allows certain appropriations that were provided before October 1, 2023, for older accounts to be transferred to and administered under new accounts for similar activities.

(Sec. 163) This section restricts the use of funds to adjust or withhold apportionments pursuant to specified authorities regarding the Mass Transit Account of the HTF.

(Sec. 164) This section prohibits funds provided by this division from being used to impede or hinder project advancement or approval for any project seeking a federal contribution from the Capital Investment Grants (CIG) program of greater than 40% of project costs.

(Sec. 165) This section rescinds specified unobligated funds that were provided to the Federal Transit Administration for Transit Research.

The title provides appropriations to the Great Lakes Saint Lawrence Seaway Development Corporation for Operations and Maintenance.

The title provides appropriations for the Maritime Administration (MARAD) for

  • the Maritime Security Program,
  • the Cable Security Fleet,
  • the Tanker Security Program,
  • Operations and Training,
  • State Maritime Academy Operations,
  • Assistance to Small Shipyards,
  • Ship Disposal,
  • the Maritime Guaranteed Loan (Title XI) Program Account, and
  • the Port Infrastructure Development Program.

(Sec. 170) This section permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Rental payments received pursuant to this provision must be deposited into the Treasury as miscellaneous receipts.

(Sec. 171) This section provides appropriations for DOT to enter into a contract to complete the designs of 10 sealift vessels for the National Defense Reserve Fleet.

The title provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for

  • Operational Expenses,
  • Hazardous Materials Safety,
  • Pipeline Safety, and
  • Emergency Preparedness Grants.

The title also provides appropriations to the Office of Inspector General.

(Sec. 180) This section permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.

DOT may use funds for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of DOT or its operating administrations.

Any unmanned aircraft system purchased or procured by DOT prior to the enactment of this division is deemed to be authorized.

(Sec. 181) This section permits DOT to use funds provided by this division for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.

(Sec. 182) This section prohibits recipients of funds provided by this division from disseminating personal information obtained by a state department of motor vehicles in connection with a motor vehicle record unless the information is released for certain uses permitted under current law. It also prohibits DOT from withholding funds for any grantee if a state is not in compliance with this provision.

(Sec. 183) This section prohibits (1) funds provided by this division from being used for more than 125 DOT presidential and political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.

(Sec. 184) This section permits funds received by the FHWA and the FRA from states or other private or public sources for training expenses to be credited to specified agency accounts, subject to an exception for state rail safety inspectors participating in certain training required under current law.

(Sec. 185) This section prohibits funds from being used for certain loans, loan guarantee, lines of credit, letters of intent, agreements, or grants unless DOT notifies Congress at least three business days in advance of announcing competitively selected projects.

DOT must also provide Congress with a comprehensive list of all loans, loan guarantee, lines of credit, letters of intent, agreements, or grants that will be announced at least three days in advance.

DOT must provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)

(Sec. 186) This section permits rebates, refunds, incentive payments, minor fees, and other funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.

(Sec. 187) This section requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations. DOT may not notify other congressional committees of the action of the House and Senate Committees on Appropriations any sooner than 30 days after the reprogramming action has been approved or denied.

(Sec. 188) This section permits funds provided by this division for the operating administrations to be obligated for the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable operating administration.

(Sec. 189) This section authorizes DOT to carry out a program that establishes uniform standards for developing and supporting agency transit passes and transit benefits.

(Sec. 190) This section prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation projects.

(Sec. 191) This requires DOT to coordinate with the Department of Homeland Security to ensure that (1) best practices for Industrial Control Systems Procurement are up-to-date, and (2) systems procured with funds provided under this title were procured using such practices.

(Sec. 192) This section prohibits funds provided by this division from being used in contravention of the American Security Drone Act of 2023.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Department of Housing and Urban Development Appropriations Act, 2024

This title provides FY2024 appropriations for the Department of Housing and Urban Development (HUD).

The title provides appropriations for Management and Administration, including for

  • Executive Offices,
  • Administrative Support Offices, and
  • Program Offices.

HUD may transfer specified funds to the Working Capital Fund.

The title provides appropriations for Public and Indian Housing, including

  • Tenant-Based Rental Assistance,
  • the Housing Certificate Fund,
  • the Public Housing Fund,
  • Assisted Housing Inspections and Risk Assessments,
  • the Choice Neighborhoods Initiative,
  • Self-Sufficiency Programs,
  • Native American Programs,
  • the Indian Housing Loan Guarantee Fund Program Account,
  • the Native Hawaiian Housing Block Grant, and
  • the Native Hawaiian Housing Loan Guarantee Fund Program Account.

The title provides appropriations for Community Planning and Development, including

  • Housing Opportunities for Persons with AIDS,
  • the Community Development Fund,
  • the Community Development Loan Guarantees Program Account,
  • the Home Investment Partnerships Program,
  • the Preservation and Reinvestment Initiative for Community Enhancement,
  • the Self-Help and Assisted Home Ownership Opportunity Program, and
  • Homeless Assistance Grants.

The title provides appropriations for Housing Programs, including

  • Project-Based Rental Assistance,
  • Housing for the Elderly,
  • Housing for Persons with Disabilities,
  • Housing Counseling Assistance, and
  • Payment to the Manufactured Housing Fees Trust Fund.

The title provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes (1) the Mutual Mortgage Insurance Program Account, and (2) the General and Special Risk Program Account.

The title provides appropriations and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).

The title provides appropriations to HUD for

  • Policy Development and Research,
  • Fair Housing and Equal Opportunity,
  • the Office of Lead Hazard Control and Healthy Homes,
  • the Information Technology Fund, and
  • the Office of Inspector General.

(Sec. 201) This section requires 50% of the funds that are recaptured from the refinancing of state or locally financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury.

Funds that are recaptured and are not rescinded or remitted to the Treasury must be used by state housing finance agencies or local governments for certain projects approved by HUD.

HUD may award up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.

(Sec. 202) This section prohibits funds provided by this division from being used to investigate or prosecute under the Fair Housing Act any otherwise lawful activities, including the filing or maintaining of a nonfrivolous legal action, engaged in solely for the purposes of achieving or preventing action by a government entity or a court.

(Sec. 203) This section requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with provisions of the Department of Housing and Urban Development Reform Act of 1989 regarding HUD accountability.

(Sec. 204) This section permits specified funds to be used, without regard to limitations on administrative expenses, for (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 205) This section prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless the authority is otherwise provided by this division or through reprogramming.

(Sec. 206) This section permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2024 budget.

(Sec. 207) This section requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.

(Sec. 208) This section prohibits using funds provided by this title for an audit that makes the requirements of the Federal Credit Reform Act of 1990 applicable to Ginnie Mae.

(Sec. 209) This section permits HUD to authorize the transfer of project-based assistance, debt, and low-income and very low-income use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to a viable project if no additional costs are incurred and other specified conditions are met.

(Sec. 210) This section sets forth eligibility requirements for Section 8 housing assistance vouchers.

(Sec. 211) This section requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.

(Sec. 212) This section sets forth requirements for HUD regarding the managing and disposing of any multifamily housing property that is owned or has a mortgage held by HUD. The section also specifies requirements for maintaining 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.

(Sec. 213) This section permits certain public housing agencies (PHAs) that own and operate 400 or fewer public housing units to elect to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.

(Sec. 214) This section prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established under current law.

(Sec. 215) This section prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.

The Chief Financial Officer must ensure that there is a trained allotment holder for each HUD appropriation under specified accounts.

(Sec. 216) This section establishes requirements for notifying the public regarding the issuance of a notice of the availability of assistance or notice of funding opportunity regarding competitively awarded funds.

(Sec. 217) This section requires attorney fees in program-related litigation to be paid from the individual program office and Office of General Counsel salaries and expenses appropriations.

(Sec. 218) This section sets forth authorities and requirements for transferring funds within HUD Administrative Support Office and Program Offices accounts.

(Sec. 219) This section requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.

(Sec. 220) This section limits compensation for PHA officials and employees.

(Sec. 221) This section requires HUD to notify Congress at least three business days before announcing the recipients of grant awards.

(Sec. 222) This section prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this division to finance mortgages for properties that have been subject to eminent domain condemnation or seizure by a state, municipality, or other political subdivision of a state.

(Sec. 223) This section prohibits funds provided by this division from being used to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.

(Sec. 224) This section permits funds that are provided to the HUD Office of Policy Development and Research for research, evaluation, and statistical purposes and that are unexpended at the time of completion of a contract, grant or cooperative agreement to be reobligated for research, evaluation, or statistical purposes, subject to reprogramming requirements.

(Sec. 225) This section prohibits funds from being used for awards, including performance, special act, or spot, for HUD employees who have been subject to administrative discipline in this fiscal year, including suspension from work.

(Sec. 226) This section permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for FY2015-FY2024 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

(Sec. 227) This section permits HUD to use funds provided by this division for Homeless Assistance Grants to award one-year grants to transition from one Continuum of Care program component to another.

(Sec. 228) This section maintains existing Promise Zone designations and agreements.

(Sec. 229) This section permits PHAs that are designated as Moving to Work agencies to use specified funds that were previously allocated to the PHA, including any reserve funds held by the agency or held by HUD, notwithstanding the purposes for which such funds were appropriated.

(Sec. 230) This section prohibits funds provided by this division from being used to prohibit any PHA under receivership or the direction of a federal monitor from (1) applying for, receiving, or using certain funds made available for grants to evaluate and reduce lead-based paint hazards; or (2) using such funds to carry out any required work pursuant to a settlement agreement, consent decree, voluntary agreement, or similar document for a violation of the Lead Safe Housing or Lead Disclosure Rules.

(Sec. 231) This section makes several modifications to HUD's Rental Assistance Demonstration (RAD) program, including to extend the program through FY2029 and address issues that arise from the conversion of properties into various HUD programs.

(Sec. 232) This section establishes requirements and procedures for correcting formula grant allocations administered by HUD.

(Sec. 233) This section allows HUD to transfer specified salaries and expenses funding to the Information Technology Fund for information technology needs.

(Sec. 234) This section requires HUD to comply with all process requirements, including public notice and comment requirements, when seeking to revise any annual contributions contract.

(Sec. 235) This section establishes the Department of Housing and Urban Development Nonrecurring Expenses Fund and allows certain unobligated funds to be transferred into the fund. The fund may be used for purposes such as capital needs of HUD, including facilities infrastructure and information technology infrastructure.

(Sec. 236) This section rescinds specified unobligated funds from various HUD accounts.

(Sec. 237) This section prohibits HUD from using funds to issue a solicitation or accept bids on any solicitation that is substantially equivalent to the draft solicitation titled Housing Assistance Payments (HAP) Contract Support Services (HAPSS).

(Sec. 238) This section prohibits funds provided by this division from being used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator funding provided in this division.

(Sec. 239) This section extends the time period for liquidating specified funds that were provided for (1) the Choice Neighborhoods Initiative, and (2) Lead Hazard Reduction.

(Sec. 240) This section permits specified funds that were provided to the Office of Policy Development and Research for Program Offices to be transferred to the Information Technology Fund for the needs of the Chief Data Officer.

(Sec. 241) This section extends the Moving to Work demonstration program agreements of certain public housing agencies through FY2038. (The program allows a limited number of participating public housing agencies to receive exemptions from many existing federal rules and regulations governing public housing and the Section 8 Housing Choice Voucher program.)

(Sec. 242) This section allows HUD to issue a two-year notification of funding opportunity for the Continuum of Care (CoC) Program for FY2024-FY2025. (The CoC program is designed to assist individuals and families experiencing homelessness and to provide the services needed to help such individuals move into transitional and permanent housing, with the goal of long-term stability.)

(Sec. 243) This section allows HUD to waive or specify alternatives for certain requirements of the mainstream and family unification voucher programs if the waivers or alternatives are necessary for the effective delivery and administration of funds made available for new incremental voucher assistance or renewals under the programs.

TITLE III--RELATED AGENCIES

This title provides FY2024 appropriations to

  • the Access Board,
  • the Federal Maritime Commission,
  • the Amtrak Office of Inspector General,
  • the National Transportation Safety Board,
  • the Neighborhood Reinvestment Corporation,
  • the Surface Transportation Board, and
  • the U.S. Interagency Council on Homelessness.

TITLE IV--GENERAL PROVISIONS--THIS ACT

(Sec. 401) This section prohibits funds provided by this division from being used to compensate or pay the expenses of nonfederal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 402) This section prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless the authority is expressly provided in this division.

(Sec. 403) This section limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or an executive order.

(Sec. 404) This section prohibits the use of funds provided by this division for certain types of employee training, such as training that is not specifically related to the performance of official duties.

(Sec. 405) This section specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this division.

(Sec. 406) This section permits up to 50% of unobligated balances remaining at the end of FY2024 from appropriations for salaries and expenses to remain available through FY2025, subject to congressional approval and reprogramming guidelines.

(Sec. 407) This section prohibits funds provided by this division from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.

(Sec. 408) This section prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations act.

(Sec. 409) This section requires expenditures of funds provided by this division to comply with the Buy American Act.

(Sec. 410) This section prohibits funds provided by this division from being made available to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 411) This section prohibits funds provided by this division from being used to purchase first class airline accommodations in violation of specified federal travel regulations.

(Sec. 412) This section restricts the number of employees that agencies funded in this division may send to international conferences unless the attendance is important to the national interest.

(Sec. 413) This section limits Surface Transportation Board fees for the filing of rate or practice complaints.

(Sec. 414) This section prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with an exception for law enforcement, prosecution, or adjudication activities.

(Sec. 415) This section prohibits funds provided by this division from being used to deny an Inspector General (IG) timely access to any records, documents, or other materials available to the department or agency over which that IG has responsibilities, or to prevent or impede that IG's access. Each IG must comply with (1) specified statutory limitations on disclosure of the information provided, and (2) reporting requirements regarding violations of this section.

(Sec. 416) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract unless specified requirements are met.

(Sec. 417) This section prohibits the use of funds provided by this division to permanently replace an employee who intends to return to his or her previous occupation after completing military service.

(Sec. 418) This section prohibits the use of funds provided by this division to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.

(Sec. 419) This section makes technical corrections to several Congressionally Directed Spending Items that were included in specified FY2022 and FY2023 appropriations acts.

(Sec. 420) This section prohibits HUD from using funds provided by this division in contravention of specified provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act regarding the duplication of benefits.

(Sec. 421) This section prohibits funds provided to DOT by this title from being used in contravention of requirements under current law for federal agencies to review the potential impacts of their actions on historic sites before providing funding or issuing a license for the activities.

(Sec. 422) This section prohibits funds from being used to require the use of inward facing cameras or require a motor carrier to register an apprenticeship program with Labor as a condition for participation in the safe driver apprenticeship pilot program.

(Sec. 423) This section prohibits HUD from using funds provided by this division to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule titled Affirmatively Furthering Fair Housing or the notice titled Affirmatively Furthering Fair Housing Assessment Tool.

(Sec. 424) This section prohibits funds provided by this division from being 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.

(Sec. 425) This section allows increased weight limitations for certain vehicles on the Interstate System, including for (1) certain agricultural vehicles in Mississippi, and (2) certain vehicles in West Virginia. The state must grant a special permit to the vehicle for the increased weight limitations to apply.

(Sec. 426) This section prohibits DOT from using funds provided by this division to enforce a mask mandate in response to the COVID-19 virus.

DIVISION G--OTHER MATTERS

TITLE I--HEALTH AND HUMAN SERVICES

Subtitle A--Public Health Extenders

(Sec. 101) This section extends through December 31, 2024, funding for the Teaching Health Center Graduate Medical Education Program, the Community Health Center Fund, and the National Health Services Corps. (The program supports education and training of medical students in primary care residency programs in community-based ambulatory patient care centers. The fund supports (1) grants for outpatient health care facilities that serve medically underserved populations; and (2) the National Health Service Corps, which provides scholarships and student loan repayment awards to health care providers who agree to work in areas with health care provider shortages.)

(Sec. 102) This section extends funding through December 31, 2024, for the Special Diabetes Program for Type I Diabetes and the Special Diabetes Program for Indians. (The Special Diabetes Program for Type I Diabetes supports research on the prevention and cure of Type I diabetes, and the Special Diabetes Program for Indians supports diabetes treatment and prevention for tribal populations.)

(Sec. 103) This section extends through December 31, 2024, the authority that allows states and tribes to request the temporary reassignment of state and local health department personnel who are funded through certain federal programs to immediately address a public health emergency.

It also extends through December 31, 2024, provisions that prohibit the disclosure of information about Department of Health and Human Services (HHS) programs that could compromise national security (e.g., information regarding biomedical threats).

The section extends through December 31, 2024, provisions that authorize HHS to engage with developers of medical countermeasures, and that provide for related antitrust exemptions, for the purpose of furthering product development.

Additionally, the section extends through December 31, 2024, the National Advisory Committee on Children and Disasters, the National Advisory Committee on Seniors and Disasters, and the National Advisory Committee on Individuals with Disabilities and Disasters.

It also extends through December 31, 2024, the authority of HHS to directly appoint candidates to positions within the National Disaster Medical System if HHS determines the number of personnel in the system is insufficient to address a public health emergency or potential public health emergency.

(The National Disaster Medical System is a partnership between HHS, the Department of Defense, and other federal departments that responds to public health and other emergencies, including by deploying medical response teams.)

Subtitle B--Medicaid

(Sec. 201) This section permanently requires state Medicaid programs to cover medication-assisted treatment for opioid-use disorders. (The requirement was set to expire on September 30, 2025.)

(Sec. 202) This section requires the Centers for Medicare & Medicaid Services (CMS) to annually publish data from states about mental health and substance use disorder services that are provided to enrollees under Medicaid and the Children's Health Insurance Program (CHIP), including the number of enrollees served, the types of services that are provided, and the payment models used to cover these services.

(Sec. 203) This section requires state Medicaid programs to monitor (through their drug utilization review programs) the use of antipsychotic medications by adults who receive home- and community-based services or who are in institutional care settings (e.g., psychiatric hospitals). (States were previously only required to monitor the use of antipsychotic medications by children.) The requirement takes effect two years after enactment.

(Sec. 204) This section permanently allows state Medicaid programs to cover substance-use disorder treatment (for up to 30 days over a 12-month period) for individuals aged 21 through 64 who are in institutions for mental diseases. (The option expired on September 30, 2023.)

(Sec. 205) This section prohibits state Medicaid programs from terminating any individual's eligibility for Medicaid or CHIP (i.e., disenrolling an individual) because the individual is incarcerated. (This requirement previously only applied to incarcerated juveniles.) The prohibition takes effect on January 1, 2026.

(Sec. 206) This section establishes and provides funds for a grant program to support continuity of care for incarcerated individuals who are eligible for Medicaid or CHIP, including supporting the restoration of coverage after the individual's release. The CMS must issue related guidance on how states may implement continuous care for such individuals.

(Sec. 207) This section requires the CMS to issue guidance to states on how to increase access to providers of mental health and substance use disorder services under Medicaid and CHIP, particularly in rural and underserved areas, and how to support the integration of mental health and substance use disorder services with primary care services

(Sec. 208) This section provides funds for the CMS to implement this title's requirements relating to (1) collecting and publishing data about mental health and substance use disorder services under Medicaid and CHIP (under Sec. 202); (2) monitoring the use of antipsychotic medications in home- and community-based or institutional settings under Medicaid (under Sec. 203); (3) the grant program to support continuity of care for incarcerated individuals who are eligible for Medicaid or CHIP (under Sec. 206); and (4) issuing guidance on how to increase access to providers of mental health and substance use disorder services, and how to integrate such services into primary care services, under Medicaid and CHIP (under Sec. 207).

(Sec. 209) This section provides for Medicaid coverage of certified community behavioral health clinic services, including crisis mental health services, outpatient mental health and substance use disorder services, and peer support and counselor services.

(Sec. 210) This section delays reductions to Medicaid disproportionate-share hospital (DSH) allotments until January 1, 2025. (DSHs are hospitals that receive additional payments under Medicaid for treating a large share of low-income patients.)

(Sec. 211) This section permanently eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations.

(Sec. 212) This section eliminates the amount of funding available to the Medicaid Improvement Fund for activities relating to mechanized claims systems beginning in FY2028.

Subtitle C--Medicare

(Sec. 301) This section extends through December 31, 2024, funding for certain Medicare quality-measurement activities.

(Sec. 302) This section extends through December 31, 2024, funding for state health insurance assistance programs, area agencies on aging, aging and disability resource centers, and technical assistance related to outreach and enrollment with respect to Medicare and other programs.

(Sec. 303) This section extends through December 31, 2024, certain minimum adjustments to the work geographic index with respect to payments for physician services under Medicare.

(Sec. 304) This section extends through 2026 certain incentive payments for health professionals who participate in eligible alternative payment models under Medicare.

(Sec. 305) This section increases certain payment adjustments under the Medicare physician fee schedule for services furnished between March 9, 2024, and January 1, 2025.

(Sec. 306) This section extends through December 31, 2024, certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system.

(Sec. 307) This section extends through December 31, 2024, the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients.

(Sec. 308) This section extends through FY2033 certain adjustments to the payment cap for hospice care under Medicare.

(Sec. 309) This section eliminates the amount of funds available for the Medicare Improvement Fund.

Subtitle D--Human Services

(Sec. 401) This section extends through FY2024 the Temporary Assistance for Needy Families (TANF) program. TANF is a block grant available to states, Indian tribes, and territories that funds a wide range of benefits and services for low-income families with children.

(Sec. 402) This section extends through December 31, 2024, programs that support child welfare services and activities. Specifically, it extends the (1) Stephanie Tubbs Jones Child Welfare Service Program, which provides grants to states and Indian tribes to support preventive interventions and other activities to keep families together; and (2) the MaryLee Allen Promoting Safe and Stable Families Program, which supports efforts to prevent the unnecessary separation of children from their families, improve quality of care and services to children and their families, and ensure permanent living arrangements for children (e.g., parental reunification or adoption).

(Sec. 403) This section extends through December 31, 2024, the Sexual Risk Avoidance Education Program. This program supports projects to implement sexual risk avoidance education that teaches participants to voluntarily refrain from nonmarital sexual activities.

(Sec. 404) This section extends through December 31, 2024, the Personal Responsibility Education Program. This program provides grants to states to educate young people about abstinence and contraception for prevention of pregnancy and sexually transmitted infections. The program also supports pregnant and parenting youth,

(Sec. 405) This section extends through December 31, 2024, the Family-to-Family Health Information Centers Program, which is administered by the Health Resources and Services Administration. The program awards grants to family-run organizations to support the provision of information and peer support to families of children with special health care needs.

TITLE II--AMENDING COMPACTS OF FREE ASSOCIATION

Compact of Free Association Amendments Act of 2024

This title provides congressional approval for amendments to the Compacts of Free Association. The compacts are the agreements that govern the relationship of the United States with the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau, collectively referred to as the Freely Associated States (FAS). The title also addresses other issues related to the FAS, including by authorizing various U.S. assistance to the FAS.

(Micronesia, the Marshall Islands, and Palau are sovereign states that, through the Compacts of Free Association, receive U.S. economic assistance and allow the United States to operate military bases in their territory. Citizens of the FAS have the right to work and reside in the United States and may serve in the U.S. Armed Forces.)

(Sec. 204) This section provides congressional approval for (1) the 2023 Agreement to Amend the U.S.-FSM Compact, (2) the 2023 U.S.-FSM Trust Fund Agreement, (3) the 2023 Agreement to Amend the U.S.-RMI Compact, (4) the 2023 U.S.-RMI Trust Fund Agreement, (5) and the 2023 U.S.-Palau Compact Review Agreement. This section also provides congressional consent for (1) the 2023 U.S.-FSM Fiscal Procedures Agreement, (2) the 2023 U.S.-FSM Federal Programs and Services Agreement, and (3) the 2023 U.S.-RMI Fiscal Procedures Agreement.

The President may bring into force and implement the agreements that have received congressional approval or consent in this section.

This section also imposes limits and requirements related to actions by the U.S. government to amend, change, or terminate agreements with the FAS. For example, any amendment or termination of the amended Compacts of Free Association may not enter into force until Congress has incorporated the change in an act. Any changes to subsidiary agreements may not enter into force until 90 days after the President has reported certain information to Congress.

(Sec. 205) This section addresses issues relating to provisions in the amended U.S.-FSM Compact, the agreement between the United States and Micronesia.

The U.S. government must provide nonreimbursable technical and training assistance, as appropriate, to enable the government of Micronesia to (1) develop and adequately enforce its own laws, and (2) cooperate with U.S. efforts to enforce U.S. laws.

This section also addresses issues related to U.S. appointees to various committees established by the amended agreement, including the term lengths and qualifications of such appointees.

(Sec. 206) This section addresses issues related to provisions in the amended U.S.-RMI Compact, the agreement between the United States and the Marshall Islands.

The U.S. government must provide nonreimbursable technical and training assistance, as appropriate, to enable the government of the Marshall Islands to (1) develop and adequately enforce its own laws, and (2) cooperate with U.S. efforts to enforce U.S. laws.

The Department of the Interior (Interior) may provide grants to the government of the Marshall Islands to carry out a planting and agricultural maintenance program on Bikini, Enewetak, Rongelap, and Utrik. The Department of Agriculture may provide, without reimbursement, food programs to the people of the Marshall Islands.

The President must continue to provide special medical care and logistical support for the remaining members of the populations of Rongelap and Utrik who were exposed to radiation resulting from a 1954 U.S. thermonuclear test.

This section also addresses issues related to U.S. appointees to various committees established by the amended compacts, including the term lengths and qualifications of such appointees.

This section also reaffirms various provisions of agreements between the United States and the Marshall Islands and corresponding U.S. laws, including provisions concerning the settlement of claims for loss or damages from U.S. nuclear testing on the Marshall Islands.

(Sec. 207) This section addresses issues related to U.S. consultations with Palau pursuant to the 2023 U.S.-Palau Compact Review Agreement, including by establishing qualifications for U.S. members of the Economic Advisory Group described in the agreement.

(Sec. 208) This section addresses various issues related to the agreements, including providing agencies authorities to conduct oversight and monitoring activities.

The Government Accountability Office (GAO) shall have the authorities necessary to carry out various oversight-related activities, such as audits of U.S.-provided assistance. The GAO must periodically report to Congress on various topics about each of the FAS, such as the (1) general social, political, and economic conditions; (2) use and effectiveness of U.S. assistance; and (3) status of economic policy reforms.

The section provides authorities to Interior and the U.S. Postal Service (USPS) to fulfill responsibilities for monitoring and managing funds related to the FAS.

The President must establish an Interagency Group on Freely Associated States to (1) coordinate the development and implementation of activities related to the FAS, and (2) provide recommendations and oversight to federal agencies with respect to the agreements.

This section also reaffirms that the foreign loans or debt of the governments of the FAS do not constitute an obligation of the United States, and that the full faith and credit of the U.S. government shall not apply to such loans or debt without specific further authorization.

(Sec. 209) This section addresses U.S. activities in the FAS, including medical care for veterans of the U.S. Armed Forces and grants related to education.

The Department of Veterans Affairs (VA) may furnish hospital care and medical services in the FAS to a veteran who is otherwise eligible to receive such care and services. Such care and services may be provided for any condition even if the condition is not connected to the veteran's service. Before providing the care and services, the VA must enter into agreements with the governments of the FAS regarding various issues, including the licensure and certification of the health care personnel providing the care and services.

The VA may also pay the travel expenses of an individual to travel to, from, or within the FAS to receive such hospital care and medical services.

The VA may also continue to provide medical care and travel benefits to a veteran who received such care and services regardless of whether the country continues to qualify as an FAS.

Subject to the availability of appropriations, the VA must conduct outreach to and engage with each government of the FAS and increase staffing as necessary to conduct such outreach.

This section also requires the U.S. government to continue to make available to the FAS certain education-related grants and assistance, including grants under the Individuals with Disabilities Education Act, to the extent such grants continue to be available in the United States. For certain grant programs that are currently available to one or some of the FAS, such as certain assistance under the Higher Education Act of 1965 (currently available to Palau), the United States must continue to offer such assistance and make such assistance available in Micronesia and the Marshall Islands.

Other than the grants specifically named in this section, the Department of Education may not provide a grant under any formula grant program to the FAS.

This section also extends the Head Start program to Micronesia and the Marshall Islands. (The Head Start program provides comprehensive early childhood education and development services for low-income children. Currently, the program operates in the 50 states, five territories, and Palau.)

The Department of Defense must make its medical facilities in the FAS available for use by the citizens of the FAS if the individual has received a referral from the relevant government.

Interior must provide training for judges and judiciary officials in the FAS.

The Department of Health and Human Services must make National Health Service Corps services available to the residents of the FAS to the same extent and for the same duration as the services are authorized for individuals residing in any other areas within or outside the United States.

Palau shall be eligible for certain programs currently available to Micronesia and the Marshall Islands, such as programs provided by the Small Business Administration and the Economic Development Administration. Palau shall also be eligible for services provided by the Legal Services Corporation, the Public Health Service, and the Rural Housing Service.

This section also relaxes requirements related to federal public benefits for FAS citizens who lawfully reside in the United States. For example, many non-U.S. nationals (aliens under federal law) are generally not eligible for federal means-tested benefits for five years starting from when the individual entered the United States. Current law provides an exception for FAS citizens who lawfully reside in the United States to receive Medicaid without this five-year waiting period. This section expands this exception to allow FAS citizens to receive other federal means-tested public benefits without the waiting period.

The Department of the Treasury must consult with the Asian Development Bank and relevant international financial institutions concerning assistance to the FAS.

The Department of State must establish a unit with the Bureau of East Asian and Pacific Affairs to address issues relating to the FAS, including managing relationships with the FAS.

(Sec. 210) This section establishes that appropriations for certain activities required by the Compacts of Free Association shall be made directly to the federal agencies carrying out the activities. The section also establishes that certain assistance provided under the agreements shall be in addition to other amounts to be paid to Micronesia, the Marshall Islands, and Palau.

(Sec. 211) This section provides funding for FY2024-FY2043 for various activities related to the FAS. Specifically, the section provides appropriations for (1) Interior to carry out specified requirements related to the agreements with the FAS, (2) the USPS to carry out specified requirements related to the agreements with the FAS, and (3) Interior for judicial training as required under Section 209 of this title.

TITLE III--EXTENSIONS AND OTHER MATTERS

(Sec. 301) This section extends through March 8, 2031, restrictions on firearms that are undetectable by walk-through metal detectors and X-ray machines commonly used at airports.

United States Parole Commission Additional Extension Act of 2024

(Sec. 302) This section extends the U.S. Parole Commission.

(Sec. 303) This section extends the sequestration that applies to Medicare payments in FY2032.

TITLE IV--BUDGETARY EFFECTS

(Sec. 401) This section exempts the budgetary effects of this division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO Act), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.

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