Public Law 118-47 | Public Law 118–47: Making further consolidated appropriations for the fiscal year ending September 30, 2024, and for other purposes.

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PUBLIC LAW 118–47—MAR. 23, 2024

FURTHER CONSOLIDATED APPROPRIATIONS ACT, 2024

138 STAT. 460

Public Law

118–47

118th Congress

An Act

Making further consolidated appropriations for the fiscal year ending September 30, 2024, and for other purposes.

Mar. 23, 2024

[H.R. 2882]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Further Consolidated Appropriations Act, 2024.

SECTION 1.

SHORT TITLE.

This Act may be cited as the “

Further Consolidated Appropriations Act, 2024

”.

SEC. 2.

TABLE OF CONTENTS.

Sec. 1.

Short title.

Sec. 2.

Table of contents.

Sec. 3.

References.

Sec. 4.

Explanatory statement.

Sec. 5.

Statement of appropriations.

Sec. 6.

Availability of funds.

Sec. 7.

Adjustments to compensation.

DIVISION A—

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024

Title I—

Military Personnel

Title II—

Operation and Maintenance

Title III—

Procurement

Title IV—

Research, Development, Test and Evaluation

Title V—

Revolving and Management Funds

Title VI—

Other Department of Defense Programs

Title VII—

Related Agencies

Title VIII—

General Provisions

DIVISION B—

FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2024

Title I—

Department of the Treasury

Title II—

Executive Office of the President and Funds Appropriated to the President

Title III—

The Judiciary

Title IV—

District of Columbia

Title V—

Independent Agencies

Title VI—

General Provisions—This Act

Title VII—

General Provisions—Government-wide

Title VIII—

General Provisions—District of Columbia

DIVISION C—

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024

Title I—

Departmental Management, Intelligence, Situational Awareness, and Oversight

Title II—

Security, Enforcement, and Investigations

Title III—

Protection, Preparedness, Response, and Recovery

Title IV—

Research, Development, Training, and Services

Title V—

General Provisions

DIVISION D—

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

Title I—

Department of Labor138 STAT. 461

Title II—

Department of Health and Human Services

Title III—

Department of Education

Title IV—

Related Agencies

Title V—

General Provisions

DIVISION E—

LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024

Title I—

Legislative Branch

Title II—

General Provisions

DIVISION F—

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2024

Title I—

Department of State and Related Agency

Title II—

United States Agency for International Development

Title III—

Bilateral Economic Assistance

Title IV—

International Security Assistance

Title V—

Multilateral Assistance

Title VI—

Export and Investment Assistance

Title VII—

General Provisions

DIVISION G—

OTHER MATTERS

Title I—

Extensions and Other Matters

Title II—

Udall Foundation Reauthorization

Title III—

Funding Limitation for United Nations Relief and Works Agency

Title IV—

Budgetary Effects

SEC. 3.

1 USC 1 note.

REFERENCES.

Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.

SEC. 4.

EXPLANATORY STATEMENT.

The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about March 22, 2024, and submitted by the chair of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and implementation of divisions A through F of this Act as if it were a joint explanatory statement of a committee of conference.

SEC. 5.

STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2024.

SEC. 6.

President.

AVAILABILITY OF FUNDS.

Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or repurposed, rescinded, or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

SEC. 7.

2 USC 4501 note.

ADJUSTMENTS TO COMPENSATION.

Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2024.138 STAT. 462

DIVISION A—

Department of Defense Appropriations Act, 2024.
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $50,041,206,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $36,707,388,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $15,268,629,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $36,204,130,000.138 STAT. 463

Military Personnel, Space Force

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Space Force on active duty and cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $1,256,973,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 7038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $5,367,436,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,472,718,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $878,928,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 9038 of title 10, United States Code, or while serving on active duty under section 138 STAT. 464 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,428,553,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $9,791,213,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $5,272,165,000.138 STAT. 465

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law, $58,604,854,000:

Provided, That not to exceed $12,478,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Army, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $71,972,007,000:

Provided, That not to exceed $15,055,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Navy, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $10,184,529,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $61,471,101,000:

Provided, That not to exceed $7,699,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Air Force, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes.

Operation and Maintenance, Space Force

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Space Force, as authorized by law, $4,895,818,000.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $52,599,068,000:

Provided, That not more than $2,981,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code:

Provided further, That not to exceed $36,000,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of Defense, and 138 STAT. 466 payments may be made upon the Secretary’s certificate of necessity for confidential military purposes:

Provided further, That of the funds provided under this heading, not less than $55,000,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $5,000,000 shall be available for centers with eligible entities defined in 10 U.S.C. 4951(1)(D):

Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office:

Provided further, That of the funds provided under this heading, $3,000,000, to remain available until September 30, 2025, shall be available only for expenses relating to certain classified activities:

Provided further, That of the funds provided under this heading, $25,968,000, to remain available until expended, shall be available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred:

Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso:

Provided further, That of the funds provided under this heading, $2,356,915,000, of which $1,406,346,000, to remain available until September 30, 2025, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs:

Time period.

Reports.

Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this paragraph:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Counter-ISIS Train and Equip Fund

For the “Counter-Islamic State of Iraq and Syria Train and Equip Fund”, $397,950,000, to remain available until September 30, 2025:

Provided, That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to provide assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; construction for facility fortification and humane treatment; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups:

Provided further,

Security mission.

Notification.

That amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic State of Iraq and Syria, and following written notification to the congressional defense 138 STAT. 467 committees of such designation:

Provided further,

Assessment.

Iran.

That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for human rights and the rule of law:

Provided further,

Time period.

Notification.

That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation:

Provided further,

Iraq.

That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized under this heading:

Provided further, That contributions of funds for the purposes provided herein from any foreign government or other entity may be credited to this Fund, to remain available until expended, and used for such purposes:

Provided further, That the Secretary of Defense shall prioritize such contributions when providing any assistance for construction for facility fortification:

Provided further,

Waiver authority.

Determination.

Notice.

That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services or sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that such provision of law would prohibit, restrict, delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives:

Provided further,

Notification.

That the United States may accept equipment procured using funds provided under this heading that was transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria and returned by such forces or groups to the United States, and such equipment may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees:

Provided further,

Determination.

Notification.

That equipment procured using funds provided under this heading, or under the heading, “Iraq Train and Equip Fund” in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria may be treated as stocks of the Department of Defense when determined by the Secretary to no longer be required for transfer to such forces or groups and upon written notification to the congressional defense committees:

Provided further,

Time period.

Reports.

That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals:

Reports.

Provided further, That of the funds provided under this heading for stipends for foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter ISIS in Syria, fifty percent shall not be available for obligation or expenditure 138 STAT. 468 until the Secretary of Defense reports to the Committees on Appropriations of the House of Representatives and the Senate that measures are in place to ensure accountability of such funds:

Provided further, That stipend support for the Kurdish Peshmerga may only be reduced commensurate with support provided from other sources, including Iraqi national funds.

Operation and Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,562,714,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1,370,710,000.

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $325,395,000.

Operation and Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $4,005,756,000.

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $8,611,897,000.138 STAT. 469

Operation and Maintenance, Air National Guard

For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $7,335,405,000.

United States Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $16,620,000, of which not to exceed $10,000 may be used for official representation purposes.

Environmental Restoration, Army

(including transfer of funds)

For

Determinations.

the Department of the Army, $241,860,000, to remain available until transferred:

Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:

Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Navy

(including transfer of funds)

For

Determinations.

the Department of the Navy, $410,240,000, to remain available until transferred:

Provided, That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available 138 STAT. 470 for the same purposes and for the same time period as the appropriations to which transferred:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Air Force

(including transfer of funds)

For

Determinations.

the Department of the Air Force, $384,744,000, to remain available until transferred:

Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Defense-Wide

(including transfer of funds)

For

Determinations.

the Department of Defense, $8,965,000, to remain available until transferred:

Provided, That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For

Determinations.

the Department of the Army, $232,806,000, to remain available until transferred:

Provided, That the Secretary of the Army shall, upon determining that such funds are required for 138 STAT. 471 environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $142,500,000, to remain available until September 30, 2025.

Cooperative Threat Reduction Account

For assistance, including assistance provided by contract or by grants, under programs and activities of the Department of Defense Cooperative Threat Reduction Program authorized under the Department of Defense Cooperative Threat Reduction Act, $350,999,000, to remain available until September 30, 2026.

Department of Defense Acquisition Workforce Development Account

For the Department of Defense Acquisition Workforce Development Account, $64,977,000:

Provided, That no other amounts may be otherwise credited or transferred to the Account, or deposited into the Account, in fiscal year 2024 pursuant to section 1705(d) of title 10, United States Code.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,287,997,000, to remain available for obligation until September 30, 2026.138 STAT. 472

Missile Procurement, Army

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,622,213,000, to remain available for obligation until September 30, 2026.

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,244,226,000, to remain available for obligation until September 30, 2026.

Procurement of Ammunition, Army

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,943,574,000, to remain available for obligation until September 30, 2026.

Other Procurement, Army

For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and 138 STAT. 473 machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $8,626,297,000, to remain available for obligation until September 30, 2026.

Aircraft Procurement, Navy

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $19,826,909,000, to remain available for obligation until September 30, 2026.

Weapons Procurement, Navy

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $5,876,828,000, to remain available for obligation until September 30, 2026.

Procurement of Ammunition, Navy and Marine Corps

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,161,205,000, to remain available for obligation until September 30, 2026.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, 138 STAT. 474 and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows:

Columbia Class Submarine, $2,443,598,000;

Columbia Class Submarine (AP), $3,390,734,000;

Carrier Replacement Program (CVN–80), $1,104,421,000;

Carrier Replacement Program (CVN–81), $800,492,000;

Virginia Class Submarine, $7,129,965,000;

Virginia Class Submarine (AP), $3,158,782,000;

CVN Refueling Overhauls (AP), $488,446,000;

DDG–1000 Program, $392,892,000;

DDG–51 Destroyer, $4,499,179,000;

DDG–51 Destroyer (AP), $1,641,335,000;

FFG–Frigate, $2,183,861,000;

LPD Flight II (AP), $500,000,000;

LHA Replacement, $1,830,149,000;

TAO Fleet Oiler, $815,420,000;

TAGOS Surtass Ship, $513,466,000;

LCU 1700, $62,532,000;

Ship to Shore Connector, $585,000,000;

Service Craft, $93,815,000;

Auxiliary Personnel Lighter, $72,000,000;

LCAC SLEP, $15,286,000;

Auxiliary Vessels, $142,008,000;

For outfitting, post delivery, conversions, and first destination transportation, $512,019,000; and

Completion of Prior Year Shipbuilding Programs, $1,290,093,000.

In all: $33,665,493,000, to remain available for obligation until September 30, 2028:

Provided, That additional obligations may be incurred after September 30, 2028, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction:

Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel:

Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards:

Provided further, That funds appropriated or otherwise made available by this Act for Columbia Class Submarine (AP) may be available for the purposes authorized by subsections (f), (g), (h) or (i) of section 2218a of title 10, United States Code, only in accordance with the provisions of the applicable subsection.

Other Procurement, Navy

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $14,385,665,000, to remain available for obligation until September 138 STAT. 475 30, 2026:

Provided, That such funds are also available for the maintenance, repair, and modernization of ships under a pilot program established for such purposes.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $3,904,532,000, to remain available for obligation until September 30, 2026.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $20,828,306,000, to remain available for obligation until September 30, 2026.

Missile Procurement, Air Force

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $4,693,647,000, to remain available for obligation until September 30, 2026.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and 138 STAT. 476 procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $589,943,000, to remain available for obligation until September 30, 2026.

Other Procurement, Air Force

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $31,327,131,000, to remain available for obligation until September 30, 2026.

Procurement, Space Force

For construction, procurement, and modification of spacecraft, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $4,064,948,000, to remain available for obligation until September 30, 2026.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $6,392,675,000, to remain available for obligation until September 30, 2026.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $587,905,000, to remain available for obligation until September 30, 2028, which 138 STAT. 477 shall be obligated and expended by the Secretary of Defense as if delegated the necessary authorities conferred by the Defense Production Act of 1950.

National Guard and Reserve Equipment Account

For procurement of rotary-wing aircraft; combat, tactical and support vehicles; other weapons; and other procurement items for the reserve components of the Armed Forces, $1,000,000,000, to remain available for obligation until September 30, 2026:

Provided, That

Deadline.

Assessment.

the Chiefs of National Guard and Reserve components shall, not later than 30 days after enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component:

Provided further, That none of the funds made available by this paragraph may be used to procure manned fixed wing aircraft, or procure or modify missiles, munitions, or ammunition.

Editorial note: The text above is the only information printed on this page of the signed law.

138 STAT. 478

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $17,115,037,000, to remain available for obligation until September 30, 2025.

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $27,964,807,000, to remain available for obligation until September 30, 2025:

Provided, That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces.

Research, Development, Test and Evaluation, Air Force

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $47,340,416,000, to remain available for obligation until September 30, 2025.

Research, Development, Test and Evaluation, Space Force

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $18,669,844,000, to remain available until September 30, 2025.

Research, Development, Test and Evaluation, Defense-Wide

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $36,892,886,000, to remain available for obligation until September 30, 2025.

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $337,489,000, to remain available for obligation until September 30, 2025.138 STAT. 479

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,786,779,000.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $39,898,624,000; of which $36,639,695,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2025, and of which up to $19,757,403,000 may be available for contracts entered into under the TRICARE program; of which $381,881,000, to remain available for obligation until September 30, 2026, shall be for procurement; and of which $2,877,048,000, to remain available for obligation until September 30, 2025, shall be for research, development, test and evaluation:

Provided, That of the funds provided under this heading for research, development, test and evaluation, not less than $1,509,000,000 shall be made available to the Defense Health Agency to carry out the congressionally directed medical research programs:

Provided further, That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $12,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted primarily in African nations:

Provided further,

Time period.

Reports.

That the Secretary of Defense shall submit to the congressional defense committees quarterly reports on the current status of the electronic health record program:

Provided further,

Time period.

Reviews.

That the Comptroller General of the United States shall perform quarterly performance reviews of the electronic health record program.

Chemical Agents and Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,091,844,000, of which $89,284,000 shall be for operation and maintenance, of which not less than $57,875,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $23,676,000 for activities on military installations and $34,199,000, to remain available until September 30, 2025, to assist State and local governments; and $1,002,560,000, to remain available until September 30, 2025, shall be for research, development, test and evaluation, of which $1,000,467,000 shall only be for the Assembled Chemical Weapons Alternatives program.138 STAT. 480

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $1,177,061,000, of which $702,962,000 shall be for counter-narcotics support; $138,313,000 shall be for the drug demand reduction program; $305,786,000 shall be for the National Guard counter-drug program; and $30,000,000 shall be for the National Guard counter-drug schools program:

Provided, That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred:

Provided further, That

Determination.

upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act:

Provided further, That funds

Notification.

appropriated under this heading may be used to support a new start program or project only after written prior notification to the Committees on Appropriations of the House of Representatives and the Senate.

Office of the Inspector General

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $528,565,000, of which $524,067,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended upon the approval or authority of the Inspector General, and payments may be made upon the Inspector General’s certificate of necessity for confidential military purposes; of which $1,098,000, to remain available for obligation until September 30, 2026, shall be for procurement; and of which $3,400,000, to remain available until September 30, 2025, shall be for research, development, test and evaluation.

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000.138 STAT. 481

Intelligence Community Management Account

For necessary expenses of the Intelligence Community Management Account, $625,419,000.

TITLE VIII

GENERAL PROVISIONS

Sec. 8001.

Propaganda.

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

Sec. 8002.

10 USC 1584 note.

During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense:

Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher:

Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980:

Provided further, That

Turkey.

the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

Sec. 8003.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

Sec. 8004.

Time period.

No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year:

Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers’ Training Corps.

(transfer of funds)

Sec. 8005.

Determination.

Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Director of the Office of Management and Budget, transfer not to exceed $6,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred:

Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress:

Notification.

Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority 138 STAT. 482 in this Act:

Provided further,

Reprogramming requests.

That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations of the House of Representatives and the Senate for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress:

Provided further, That

Reprogramming Requests.

Deadline.

a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2024:

Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section.

Sec. 8006.

(a)

Requirement.

With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act and the tables contained in the classified annex accompanying this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act.

(b)

Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act:

Provided,

Applicability.

That section 8005 of this Act shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts, subject to the limitation in subsection (c):

Provided further, That the transfer amount limitation provided in section 8005 of this Act shall not apply to transfers of amounts described in subsection (a) if such transfers are necessary for the proper execution of such funds.

(c)

During the current fiscal year, amounts specified in the referenced tables in titles III and IV of this Act described in subsection (a) may not be transferred pursuant to section 8005 of this Act other than for proper execution of such amounts, as provided in subsection (b).

Sec. 8007.

(a)

Reports.

Not later than 60 days after the date of the enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2024:

Provided, That the report shall include—

(1)

a table for each appropriation with a separate column to display the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;

(2)

a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and

(3)

an identification of items of special congressional interest.

(b)

Certification.

Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the 138 STAT. 483 congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement:

Provided, That this subsection shall not apply to transfers from the following appropriations accounts:

(1)

“Environmental Restoration, Army”;

(2)

“Environmental Restoration, Navy”;

(3)

“Environmental Restoration, Air Force”;

(4)

“Environmental Restoration, Defense-Wide”;

(5)

“Environmental Restoration, Formerly Used Defense Sites”; and

(6)

“Drug Interdiction and Counter-drug Activities, Defense”.

(transfer of funds)

Sec. 8008.

Notifications.

During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds:

Provided, That transfers may be made between such funds:

Provided further, That

Determination.

Approval.

transfers may be made between working capital funds and the “Foreign Currency Fluctuations, Defense” appropriation and the “Operation and Maintenance” appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Director of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer:

Provided further, That except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

Sec. 8009.

Notification.

Time period.

Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees.

Sec. 8010.

Contracts.

Notification.

Time periods.

10 USC 3501 note.

None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award:

Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability:

Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act:

Provided further, That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional 138 STAT. 484 defense committees:

Provided further,

Requirement.

Analysis.

Determination.

That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement:

Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract—

(1)

Budget request.

the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year;

(2)

cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract;

(3)

the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and

(4)

the contract does not provide for a price adjustment based on a failure to award a follow-on contract.

Funds appropriated in title III of this Act may be used for multiyear procurement contracts as follows: Naval Strike Missile; Guided Multiple Launch Rocket System; PATRIOT Advanced Capability-3 Missile Segment Enhancement; Long Range Anti-Ship Missile; Joint Air-to-Surface Standoff Missile; Advanced Medium-Range Air-to-Air Missile; and USS Virginia Class (SSN–774).

Sec. 8011.

Humanitarian assistance.

Foreign countries.

Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code:

Provided,

Reports.

That such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code:

Provided further, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239:

Provided further,

Determination.

Hawaii.

Territories.

That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

Sec. 8012.

(a)

Reports.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report on excessive contractor payments that exceed the thresholds established in 10 U.S.C. chapter 271 “Truthful 138 STAT. 485 Cost or Pricing Data (Truth in Negotiations)” or 41 U.S.C. chapter 35 “Truthful Cost or Pricing Data” and with respect to which none of the exceptions to certified cost or pricing data requirements apply.

(b)

The report required by subsection (a) shall also include the following:

(1)

The amounts collected, adjusted, or offset from contractors as a result of providing defective cost and pricing data;

(2)

The mechanisms used to identify violations of 10 U.S.C. chapter 271 or 41 U.S.C. chapter 35;

(3)

Disciplinary actions taken by the Department of Defense when violations of 10 U.S.C. chapter 271 or 41 U.S.C. chapter 35 are identified, regardless of whether they are included in the System for Award Management; and

(4)

Any referrals made to the Department of Justice.

Sec. 8013.

Lobbying.

None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

Sec. 8014.

None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades, or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012.

(transfer of funds)

Sec. 8015.

(a)

Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé Program developmental assistance agreement pursuant to section 4902 of title 10, United States Code, under the authority of this provision or any other transfer authority contained in this Act.

(b)

The Secretary of Defense shall include with the budget justification documents in support of the budget for fiscal year 2025 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a description of each transfer under this section that occurred during the last fiscal year before the fiscal year in which such budget is submitted.

Sec. 8016.

Anchor and mooring chain.

None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States:

Provided,

Definition.

That for the purpose of this section, the term “

manufactured

” shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process):

Provided further, That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the 138 STAT. 486 United States:

Provided further,

Waiver authority.

Certification.

That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the Service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that such an acquisition must be made in order to acquire capability for national security purposes.

Sec. 8017.

Alcohol and alcoholic beverages.

None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located:

Provided, That, in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located:

Provided further,

Applicability.

That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State:

Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.

Sec. 8018.

Arms and munitions.

Certification.

None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use.

Sec. 8019.

No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region:

Provided,

Waiver authority.

Certification.

That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government.

Sec. 8020.

Of the funds made available in this Act under the heading “Procurement, Defense-Wide”, $25,169,000 shall be available only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):

Provided, That

Contracts.

a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense 138 STAT. 487 with respect to any fiscal year:

Provided further,

Applicability.

That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code.

Sec. 8021.

(a)

Native Americans.

State listing.

Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force.

(b)

The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington.

Determination.

Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary.

(c)

The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b).

(d)

Definition.

In this section, the term “

Indian tribe

” means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).

Sec. 8022.

Of the funds appropriated to the Department of Defense under the heading “Operation and Maintenance, Defense-Wide”, not less than $12,000,000 may be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities.

Sec. 8023.

Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities.

Sec. 8024.

Of the amounts appropriated for “Working Capital Fund, Army”, $120,000,000 shall be available to maintain competitive rates at the arsenals.

Sec. 8025.

(a)

Of the funds made available in this Act, not less than $69,000,000 shall be available for the Civil Air Patrol Corporation, of which—

(1)

$55,100,000 shall be available from “Operation and Maintenance, Air Force” to support Civil Air Patrol Corporation 138 STAT. 488 operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs;

(2)

$11,900,000 shall be available from “Aircraft Procurement, Air Force”; and

(3)

$2,000,000 shall be available from “Other Procurement, Air Force” for vehicle procurement.

(b)

The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies.

Sec. 8026.

(a)

None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities.

(b)

Except when acting in a technical advisory capacity, no member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, or any entity that contracts with the Federal government to manage or operate one or more FFRDCs, or any paid consultant to a defense FFRDC shall receive funds appropriated by this Act as compensation for services as a member of such entity:

Provided, That a member of any such entity shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties:

Provided further, That except when acting in a technical advisory capacity, no paid consultant shall receive funds appropriated by this Act as compensation by more than one FFRDC in a calendar year.

(c)

Notwithstanding any other provision of law, none of the funds available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings not located on a military installation, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development.

(d)

Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2024, not more than $2,857,803,000 may be funded for professional technical staff-related costs of the defense FFRDCs:

Provided, That within such funds, not more than $456,803,000 shall be available for the defense studies and analysis FFRDCs:

Provided further, That this subsection shall not apply to staff years funded in the National Intelligence Program and the Military Intelligence Program:

Provided further,

Reports.

Budget estimates.

That the Secretary of Defense shall, with the submission of the department’s fiscal year 2025 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC by program during that fiscal year and the associated budget estimates, by appropriation account and program.

(e)

Reduction.

Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $27,197,000:

Provided, That this subsection shall not apply to appropriations for the National Intelligence Program and Military Intelligence Program.138 STAT. 489

Sec. 8027.

Definition.

For the purposes of this Act, the term “

congressional defense committees

” means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate.

Sec. 8028.

Definition.

For the purposes of this Act, the term “

congressional intelligence committees

” means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate.

Sec. 8029.

During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms:

Provided,

Certification.

Cost estimates.

That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids:

Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section.

Sec. 8030.

(a)

Compliance.

None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For

Definition.

purposes of this subsection, the term “

Buy American Act

” means chapter 83 of title 41, United States Code.

(b)

Determinations.

Labeling.

Fraud.

Debarment.

If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a “Made in America” inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 4658 of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.

(c)

In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion.

Sec. 8031.

Contracts.

None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada:

Provided,

Applicability.

That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate:

Provided further,

Waiver authority.

Certification.

That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing 138 STAT. 490 to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes:

Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act.

Sec. 8032.

(a)

(1)

Determination.

Contracts.

Rescission.

41 USC 8304 note.

If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

(2)

Memorandum.

An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.

(b)

Reports.

The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2024. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

(c)

Definition.

For purposes of this section, the term “

Buy American Act

” means chapter 83 of title 41, United States Code.

Sec. 8033.

Contracts.

Ball and roller bearings.

None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin:

Provided,

Waiver authority.

Certification.

That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes:

Provided further,

Applicability.

That this restriction shall not apply to the purchase of “commercial products”, as defined by section 103 of title 41, United States Code, except that the restriction shall apply to ball or roller bearings purchased as end items.

Sec. 8034.

In addition to any other funds made available for such purposes, there is appropriated $50,000,000, for an additional amount for the “National Defense Stockpile Transaction Fund”, to remain available until September 30, 2026, for activities pursuant to the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.):

Provided,

Time period.

Execution plan.

That none of the funds provided under this section may be obligated or expended until 30 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds.

Sec. 8035.

Supercomputers.

Certification.

None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the 138 STAT. 491 United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

Sec. 8036.

(a)

Waiver authority.

Determination.

The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 4851 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country.

(b)

Applicability.

Contracts.

Effective date.

Subsection (a) applies with respect to—

(1)

contracts and subcontracts entered into on or after the date of the enactment of this Act; and

(2)

options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).

(c)

Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

Sec. 8037.

Flags.

10 USC 4862 note.

None of the funds made available in this Act, or any subsequent Act making appropriations for the Department of Defense, may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 4862(b) of title 10, United States Code.

Sec. 8038.

During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available until expended for the payments specified by section 2687a(b)(2) of title 10, United States Code.

Sec. 8039.

During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $350,000:

Provided,

Determination.

That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in a named contingency operation overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000.

Sec. 8040.

Up to $16,809,000 of the funds appropriated under the heading “Operation and Maintenance, Navy” may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the United States Indo-Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces:

Provided, 138 STAT. 492 That

Humanitarian assistance.

funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses:

Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

Sec. 8041.

Regulations.

Tobacco and tobacco products.

10 USC 2484 note.

The Secretary of Defense shall issue regulations to prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community:

Provided, That such regulations shall direct that the prices of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military retail system stores located in the United States.

Sec. 8042.

(a)

During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.

(b)

Budget request.

Contracts.

The fiscal year 2025 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2025 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2025 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds.

Sec. 8043.

50 USC 3521 note.

None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2025:

Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended:

Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 (50 U.S.C. 3093) shall remain available until September 30, 2025:

Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for the construction, improvement, or alteration of facilities, including leased facilities, to be used primarily by personnel of the intelligence community, shall remain available until September 30, 2026.

Sec. 8044.

(a)

Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used—

(1)

to establish a field operating agency; or138 STAT. 493

(2)

to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters.

(b)

Waiver authority.

Determination.

Certification.

The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(c)

This section does not apply to—

(1)

field operating agencies funded within the National Intelligence Program;

(2)

Determination.

an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats;

(3)

an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense; or

(4)

an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized Federal entities.

Sec. 8045.

(a)

Contracts.

Effective date.

None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless—

(1)

Plan.

the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function;

(2)

Determination.

the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of—

(A)

10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or

(B)

$10,000,000; and

(3)

the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by—

(A)

not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or

(B)

offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code.138 STAT. 494

(b)

(1)

The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that—

(A)

is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code);

(B)

is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or

(C)

is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).

(2)

This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code.

(c)

The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities.

(rescissions)

Sec. 8046.

Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:

Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985:

“Cooperative Threat Reduction Account”, 2022/2024, $75,000,000;

“Procurement of Weapons and Tracked Combat Vehicles, Army”, 2022/2024, $1,900,000;

“Other Procurement, Army”, 2022/2024, $54,681,000;

“Aircraft Procurement, Navy”, 2022/2024, $1,428,000;

“Procurement of Ammunition, Navy and Marine Corps”, 2022/2024, $1,012,000;

“Shipbuilding and Conversion, Navy: T–AGOS”, 2022/2026, $158,300,000;

“Procurement, Marine Corps”, 2022/2024, $7,100,000;

“Aircraft Procurement, Air Force”, 2022/2024, $83,261,000;

“Procurement, Defense-Wide”, 2022/2024, $204,000;

“Operation and Maintenance, Defense-Wide”, 2023/2024, $85,000,000;138 STAT. 495

“Counter-ISIS Train and Equip Fund”, 2023/2024, $50,000,000;

“Aircraft Procurement, Army”, 2023/2025, $3,372,000;

“Missile Procurement, Army”, 2023/2025, $2,713,000;

“Procurement of Weapons and Tracked Combat Vehicles, Army”, 2023/2025, $10,372,000;

“Other Procurement, Army”, 2023/2025, $63,028,000;

“Procurement of Ammunition, Army”, 2023/2025, $3,223,000;

“Aircraft Procurement, Navy”, 2023/2025, $319,745,000;

“Weapons Procurement, Navy”, 2023/2025, $50,000,000;

“Procurement of Ammunition, Navy and Marine Corps”, 2023/2025, $2,262,000;

“Shipbuilding and Conversion, Navy: DDG-51 Advance Procurement”, 2023/2027, $77,300,000;

“Shipbuilding and Conversion, Navy: LPD Flight II Advance Procurement”, 2023/2027, $250,000,000;

“Other Procurement, Navy”, 2023/2025, $89,101,000;

“Procurement, Marine Corps”, 2023/2025, $158,550,000;

“Aircraft Procurement, Air Force”, 2023/2025, $282,762,000;

“Other Procurement, Air Force”, 2023/2025, $37,100,000;

“Procurement, Space Force”, 2023/2025, $80,487,000;

“Procurement, Defense-Wide”, 2023/2025, $34,326,000;

“Research, Development, Test and Evaluation, Army”, 2023/2024, $29,850,000;

“Research, Development, Test and Evaluation, Navy”, 2023/2024, $136,705,000;

“Research, Development, Test and Evaluation, Air Force”, 2023/2024, $112,324,000;

“Research, Development, Test and Evaluation, Space Force”, 2023/2024, $96,878,000; and

“Research, Development, Test and Evaluation, Defense-Wide”, 2023/2024, $237,538,000.

Sec. 8047.

None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.

Sec. 8048.

North Korea.

None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People’s Republic of Korea unless specifically appropriated for that purpose:

Provided,

Armed Forces remains.

That this restriction shall not apply to any activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from the Democratic People’s Republic of Korea.

Sec. 8049.

Reimbursement.

10 USC 2241 note.

In this fiscal year and each fiscal year thereafter, funds appropriated for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National 138 STAT. 496 Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program:

Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

Sec. 8050.

Drugs and drug abuse.

10 USC 274 note.

(a)

None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(b)

50 USC 3506 note.

None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

Sec. 8051.

In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $49,000,000 is hereby appropriated to the Department of Defense:

Provided,

Determination.

That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $24,000,000 to the United Service Organizations and $25,000,000 to the Red Cross.

Sec. 8052.

Notwithstanding any other provision in this Act, the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they contribute to the extramural budget.

Reports.

The Secretary of each military department, the Director of each Defense Agency, and the head of each other relevant component of the Department of Defense shall submit to the congressional defense committees, concurrent with submission of the budget justification documents to Congress pursuant to section 1105 of title 31, United States Code, a report with a detailed accounting of the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides taken from programs, projects, or activities within such department, agency, or component during the most recently completed fiscal year.

Sec. 8053.

Contracts.

None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when—

(1)

such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and

(2)

such bonus is part of restructuring costs associated with a business combination.

(including transfer of funds)

Sec. 8054.

During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading “Operation and Maintenance, Defense-Wide” may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period 138 STAT. 497 as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code.

Sec. 8055.

(a)

Reimbursement.

Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b)

Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

Sec. 8056.

(a)

None of the funds appropriated or otherwise made available by this or prior Acts may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any C–40 aircraft.

(b)

Determination.

The limitation under subsection (a) shall not apply to an individual C–40 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable due to a Class A mishap.

(c)

Certification.

If the Secretary determines under subsection (b) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification in writing that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance, repairs, or other reasons.

(d)

Reports.

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the necessary steps taken by the Department of Defense to meet the travel requirements for official or representational duties of members of Congress and the Cabinet in fiscal years 2024 and 2025.

Sec. 8057.

Certifications.

(a)

None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements:

Provided, That this restriction does not apply to end-items used in development, prototyping in accordance with an approved test strategy, and test activities preceding and leading to acceptance for operational use.

(b)

If the number of end-items budgeted with funds appropriated in title IV of this Act exceeds the number required in an approved test strategy, the Under Secretary of Defense (Research and Engineering) and the Under Secretary of Defense (Acquisition and Sustainment), in coordination with the responsible Service Acquisition Executive, shall certify in writing to the congressional defense committees that there is a bonafide need for the additional end-items at the time of submittal to Congress of the budget of the President for fiscal year 2025 pursuant to section 1105 of title 31, United States Code:

Provided, That this restriction does not apply to programs funded within the National Intelligence Program.

(c)

Reports.

The Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2025 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a report detailing the use 138 STAT. 498 of funds requested in research, development, test and evaluation accounts for end-items used in development, prototyping and test activities preceding and leading to acceptance for operational use:

Provided,

List.

That the report shall set forth, for each end item covered by the preceding proviso, a detailed list of the statutory authorities under which amounts in the accounts described in that proviso were used for such item:

Provided further,

Compliance.

That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2025 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a certification that funds requested for fiscal year 2025 in research, development, test and evaluation accounts are in compliance with this section:

Provided further,

Waiver authority.

That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

Sec. 8058.

None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

Sec. 8059.

Time period.

Reports.

Strategies.

Cost estimates.

Notwithstanding any other provision of law, funds appropriated in this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for any new start defense innovation acceleration or rapid prototyping program demonstration project with a value of more than $5,000,000 may only be obligated 15 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees:

Provided,

Waiver authority.

Certification.

That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so.

Sec. 8060.

Classified information.

Reports.

The Secretary of Defense shall continue to provide a classified quarterly report to the Committees on Appropriations of the House of Representatives and the Senate, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act.

Sec. 8061.

Notwithstanding section 12310(b) of title 10, United States Code, a servicemember who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System.

Sec. 8062.

Arms and munitions.

Contracts.

None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of “armor penetrator”, “armor piercing (AP)”, “armor piercing incendiary (API)”, or “armor-piercing incendiary tracer (API–T)”, except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing 138 STAT. 499 projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.

Sec. 8063.

Waiver authority.

Time period.

Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or their designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or their designee, on a case-by-case basis.

(including transfer of funds)

Sec. 8064.

Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Army”, $175,943,968 shall remain available until expended:

Provided, That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government:

Provided further,

Contracts.

Real property.

That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section:

Provided further,

Determination.

That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary:

Provided further,

Compliance.

Determination.

That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense.

Sec. 8065.

(a)

None of the funds appropriated in this or any other Act may be used to take any action to modify—

(1)

the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account;

(2)

how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Department of Defense budget request;

(3)

the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or

(4)

the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed.

(b)

Nothing in subsection (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (1)–(3) of subsection (a).

(c)

Study.

Proposals.

The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management 138 STAT. 500 processes.

Risk assessment.

Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence.

(d)

Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall—

(1)

provide the proposed alternatives to all affected agencies;

(2)

Certifications.

Attestations.

receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and

(3)

Deadline.

not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.

(including transfer of funds)

Sec. 8066.

In addition to amounts made available elsewhere in this Act, $100,000,000 is hereby appropriated to the Department of Defense and made available for transfer to operation and maintenance accounts, procurement accounts, and research, development, test and evaluation accounts only for those efforts by the Commander, United States Africa Command or Commander, United States Southern Command to expand cooperation, share operational information, advance interoperability, or improve the capabilities of our allies and partners in their areas of operation:

Provided, That none

Time period.

Execution plan.

of the funds provided under this section may be obligated or expended until 30 days after the Secretary of Defense provides to the congressional defense committees an execution plan:

Provided further, That

Time period.

Notifications.

not less than 15 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer:

Provided further, That upon transfer, the funds shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred:

Provided further, That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act.

(including transfer of funds)

Sec. 8067.

During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for “Operation and Maintenance, Army”, “Operation and Maintenance, Navy”, and “Operation and Maintenance, Air Force” may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code.

(including transfer of funds)

Sec. 8068.

In addition to amounts provided elsewhere in this Act, $5,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended:

Provided, That notwithstanding

Determination.

Grants.

Fisher House Foundation, Inc.

any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant 138 STAT. 501 to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

(including transfer of funds)

Sec. 8069.

Of the amounts appropriated for “Operation and Maintenance, Navy”, up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act (2 U.S.C. 1105).

Sec. 8070.

None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific fleet:

Provided, That

Proposal.

the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That

Time period.

Notification.

the proposed modification may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations Committees:

Provided further, That any proposed modification shall not preclude the ability of the commander of United States Indo-Pacific Command to meet operational requirements.

Sec. 8071.

Notice.

10 USC 3601 note.

Any notice that is required to be submitted to the Committees on Appropriations of the House of Representatives and the Senate under section 3601 of title 10, United States Code, as added by section 804(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 shall be submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate.

(including transfer of funds)

Sec. 8072.

Of the amounts appropriated in this Act under the headings “Procurement, Defense-Wide” and “Research, Development, Test and Evaluation, Defense-Wide”, $500,000,000 shall be for the Israeli Cooperative Programs:

Provided, That of this amount, $80,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, subject to the U.S.-Israel Iron Dome Procurement Agreement, as amended; $127,000,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program; $40,000,000 shall be for co-production activities of SRBMD systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for SRBMD, as amended; $80,000,000 shall be for an upper-tier component to the Israeli Missile Defense Architecture, of which $80,000,000 shall be for co-production activities of Arrow 3 Upper Tier systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, subject to 138 STAT. 502 the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite:

Provided further, That the transfer authority provided under this section is in addition to any other transfer authority contained in this Act.

Sec. 8073.

Of the amounts appropriated in this Act under the heading “Shipbuilding and Conversion, Navy”, $1,290,093,000 shall be available until September 30, 2024, to fund prior year shipbuilding cost increases for the following programs:

(1)

Under the heading “Shipbuilding and Conversion, Navy”, 2013/2024: Carrier Replacement Program, $624,600,000;

(2)

Under the heading “Shipbuilding and Conversion, Navy”, 2015/2024: Virginia Class Submarine Program, $43,419,000;

(3)

Under the heading “Shipbuilding and Conversion, Navy”, 2016/2024: Virginia Class Submarine Program, $100,115,000;

(4)

Under the heading “Shipbuilding and Conversion, Navy”, 2016/2024: DDG 51 Program, $104,090,000;

(5)

Under the heading “Shipbuilding and Conversion, Navy”, 2017/2024: Virginia Class Submarine Program, $24,646,000;

(6)

Under the heading “Shipbuilding and Conversion, Navy”, 2017/2024: DDG 51 Program, $121,827,000;

(7)

Under the heading “Shipbuilding and Conversion, Navy”, 2017/2024: LPD 17 Amphibious Transport Dock Program, $16,520,000;

(8)

Under the heading “Shipbuilding and Conversion, Navy”, 2018/2024: Ship to Shore Connector Program, $43,600,000;

(9)

Under the heading “Shipbuilding and Conversion, Navy”, 2019/2024: Littoral Combat Ship Program, $23,000,000;

(10)

Under the heading “Shipbuilding and Conversion, Navy”, 2019/2024: T–AO Fleet Oiler Program, $27,060,000;

(11)

Under the heading “Shipbuilding and Conversion, Navy”, 2020/2024: CVN Refueling Overhauls, $42,422,000;

(12)

Under the heading “Shipbuilding and Conversion, Navy”, 2020/2024: T–AO Fleet Oiler Program, $93,250,000;

(13)

Under the heading “Shipbuilding and Conversion, Navy”, 2020/2024: Towing, Salvage, and Rescue Ship Program, $1,150,000;

(14)

Under the heading “Shipbuilding and Conversion, Navy”, 2021/2024: Towing, Salvage, and Rescue Ship Program, $21,809,000; and

(15)

Under the heading “Shipbuilding and Conversion, Navy”, 2022/2024: T–AO Fleet Oiler Program, $2,585,000.

Sec. 8074.

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities and intelligence-related activities not otherwise authorized in the Intelligence Authorization Act for Fiscal Year 2024 are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094).

Sec. 8075.

Notifications.

None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity 138 STAT. 503 unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees.

Sec. 8076.

Nuclear armed interceptors.

None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system.

Sec. 8077.

None of the funds made available by this Act may be obligated or expended for the purpose of decommissioning any Littoral Combat Ship, the USS Germantown, or the USS Tortuga.

(including transfer of funds)

Sec. 8078.

The Secretary of Defense may transfer funds from any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law:

Provided, That the Secretary may transfer not to exceed $20,000,000 under the authority provided by this section:

Provided further,

Time period.

Proposal.

Reports.

That the Secretary may not transfer any funds until 30 days after the proposed transfer has been reported to the Committees on Appropriations of the House of Representatives and the Senate, unless a response from the Committees is received sooner:

Provided further, That any funds transferred pursuant to this section shall retain the same period of availability as when originally appropriated:

Provided further, That the transfer authority provided under this section is in addition to any other transfer authority contained elsewhere in this Act:

Provided further, That

Expiration date.

the transfer authority provided by this section expires on September 30, 2028.

Sec. 8079.

53rd Weather Reconnaissance

Squadron.

None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act:

Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

Sec. 8080.

Foreign intelligence.

None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities:

Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333.

Sec. 8081.

Research and development.

Science and technology.

None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2025.

Sec. 8082.

Applicability.

For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading “Shipbuilding and Conversion, Navy” shall be considered to be for the same purpose as any subdivision under the heading “Shipbuilding and Conversion, Navy” appropriations 138 STAT. 504 in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation.

Sec. 8083.

(a)

Reports.

Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2024:

Provided, That the report shall include—

(1)

(2)

a delineation in the table for each appropriation by Expenditure Center and project; and

(3)

an identification of items of special congressional interest.

(b)

Certification.

None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.

Sec. 8084.

Any transfer of amounts appropriated to the Department of Defense Acquisition Workforce Development Account in or for fiscal year 2024 to a military department or Defense Agency pursuant to section 1705(e)(1) of title 10, United States Code, shall be covered by and subject to section 8005 of this Act.

Sec. 8085.

(a)

Notifications.

Time periods.

(1)

creates a new start effort;

(2)

terminates a program with appropriated funding of $10,000,000 or more;

(3)

transfers funding into or out of the National Intelligence Program; or

(4)

transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

(b)

None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

Sec. 8086.

(a)

Public information.

Web posting.

Reports.

Determination.

Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.138 STAT. 505

(b)

Subsection (a) shall not apply to a report if—

(1)

the public posting of the report compromises national security; or

(2)

the report contains proprietary information.

(c)

Time period.

The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.

Sec. 8087.

(a)

Contracts.

None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to—

(1)

enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(2)

take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.

(b)

Certification.

None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes

Definition.

of this subsection, a “covered subcontractor” is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).

(c)

The prohibitions in this section do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States.

(d)

Waiver authority.

Determination.

The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States.

Public information.

Deadline.

The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.138 STAT. 506

(including transfer of funds)

Sec. 8088.

From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $172,000,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84:

Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417:

Notifications.

Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 8089.

None of the funds appropriated or otherwise made available by this Act may be used by the Department of Defense or a component thereof in contravention of the provisions of section 130h of title 10, United States Code.

Sec. 8090.

Notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles, appropriations available to the Department of Defense may be used for the purchase of: (1) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle; and (2) passenger motor vehicles up to a limit of $75,000 per vehicle for use by military and civilian employees of the Department of Defense in the United States Central Command area of responsibility.

(including transfer of funds)

Sec. 8091.

Determination.

Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Director of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of the funds made available in this Act for the National Intelligence Program:

Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress:

Provided further, That

Reprogramming requests.

Deadline.

a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2024.

Sec. 8092.

Of the amounts appropriated in this Act for “Shipbuilding and Conversion, Navy”, $142,008,000, to remain available for obligation until September 30, 2028, may be used for the purchase of two used sealift vessels for the National Defense Reserve Fleet, established under section 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):

Provided,

Reimbursement.

That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of 138 STAT. 507 Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet:

Provided further, That notwithstanding section 2218 of title 10, United States Code, none of these funds shall be transferred to the National Defense Sealift Fund for execution.

Sec. 8093.

Grants.

Public information.

Web posting.

The Secretary of Defense shall post grant awards on a public website in a searchable format.

Sec. 8094.

Surveillance.

None of the funds made available by this Act may be used by the National Security Agency to—

(1)

conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or

(2)

acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978.

Sec. 8095.

Salaries.

None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of any agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress:

Provided, That this limitation shall not apply to transfers of funds expressly provided for in Department of Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense.

Sec. 8096.

Of the amounts appropriated in this Act for “Operation and Maintenance, Navy”, $667,508,000, to remain available until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):

Provided, That

Reimbursements.

such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.

Sec. 8097.

(a)

Contracts.

None of the funds provided in this Act for the TAO Fleet Oiler program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; spreaders for shipboard cranes; and anchor chains, specifically for the seventh and subsequent ships of the fleet.

(b)

None of the funds provided in this Act for the FFG(X) Frigate program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Air circuit breakers; gyrocompasses; electronic navigation chart systems; steering controls; pumps; propulsion and machinery control systems; totally enclosed lifeboats; auxiliary equipment pumps; shipboard cranes; auxiliary chill water systems; and propulsion propellers:

Provided, That the

Deadline.

Secretary of the Navy shall incorporate United States manufactured propulsion engines and propulsion reduction gears 138 STAT. 508 into the FFG(X) Frigate program beginning not later than with the eleventh ship of the program.

Sec. 8098.

Contracts.

None of the funds provided in this Act for requirements development, performance specification development, concept design and development, ship configuration development, systems engineering, naval architecture, marine engineering, operations research analysis, industry studies, preliminary design, development of the Detailed Design and Construction Request for Proposals solicitation package, or related activities for the T–ARC(X) Cable Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveillance Ship may be used to award a new contract for such activities unless these contracts include specifications that all auxiliary equipment, including pumps and propulsion shafts, are manufactured in the United States.

Sec. 8099.

No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Account may be transferred to:

(1)

the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or

(2)

credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of the National Defense Authorization Act for Fiscal Year 2017).

Sec. 8100.

Gaming.

Adult entertainment.

None of the funds made available by this Act may be used for Government Travel Charge Card expenses by military or civilian personnel of the Department of Defense for gaming, or for entertainment that includes topless or nude entertainers or participants, as prohibited by Department of Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).

Sec. 8101.

(a)

Pornography.

None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites.

(b)

Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

Sec. 8102.

Determination.

None of the funds provided for, or otherwise made available, in this or any other Act, may be obligated or expended by the Secretary of Defense to provide motorized vehicles, aviation platforms, munitions other than small arms and munitions appropriate for customary ceremonial honors, operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness of such units, platforms, or equipment.

Sec. 8103.

(a)

Contracts.

Memorandums.

Grants.

Loans.

Corporations.

Taxes.

None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner 138 STAT. 509 pursuant to an agreement with the authority responsible for collecting such tax liability, provided that the applicable Federal agency is aware of the unpaid Federal tax liability.

(b)

Determination.

Subsection (a) shall not apply if the applicable Federal agency has considered suspension or debarment of the corporation described in such subsection and has made a determination that such suspension or debarment is not necessary to protect the interests of the Federal Government.

Sec. 8104.

(a)

Amounts appropriated under title IV of this Act, as detailed in budget activity eight in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act, may be used for expenses for the agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance, only for the following Software and Digital Technology Pilot programs—

(1)

Defensive CYBER (PE 0608041A);

(2)

Risk Management Information (PE 0608013N);

(3)

Maritime Tactical Command and Control (PE 0608231N);

(4)

Space Command & Control (PE 1208248SF);

(5)

Global Command and Control System (PE 0303150K); and

(6)

Acquisition Visibility (PE 0608648D8Z).

(b)

None of the funds appropriated by this or prior Department of Defense Appropriations Acts may be obligated or expended to initiate additional Software and Digital Technology Pilot Programs in fiscal year 2024.

Sec. 8105.

None of the funds appropriated or otherwise made available by this Act may be used to transfer the National Reconnaissance Office to the Space Force:

Provided, That nothing in this Act shall be construed to limit or prohibit cooperation, collaboration, and coordination between the National Reconnaissance Office and the Space Force or any other elements of the Department of Defense.

Sec. 8106.

None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984):

(1)

Section 2340A of title 18, United States Code.

(2)

Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations.

(3)

Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148).

Sec. 8107.

Azov Battalion.

None of the funds made available by this Act may be used to provide arms, training, or other assistance to the Azov Battalion.

Sec. 8108.

During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only 138 STAT. 510 from the Government of Kuwait, under that section:

Provided, That, such contributions shall, upon receipt, be credited to the appropriations or fund which incurred such obligations.

Sec. 8109.

Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $1,406,346,000, to remain available until September 30, 2025, shall be available for International Security Cooperation Programs and other programs to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner capacity programs:

Provided,

Time period.

Notifications.

That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation:

Provided further,

Time period.

Reports.

That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section.

Sec. 8110.

Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $380,000,000, to remain available until September 30, 2025, shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border security, of which not less than $150,000,000 shall be for Jordan:

Provided,

Time period.

Notifications.

Provided further, That

Time period.

Reports.

the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section.

Sec. 8111.

None of the funds made available by this Act may be used in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).

Sec. 8112.

Child soldiers.

None of the funds made available by this Act for excess defense articles, assistance under section 333 of title 10, United States Code, or peacekeeping operations for the countries designated annually to be in violation of the standards of the Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008.

Sec. 8113.

Taliban.

None of the funds made available by this Act may be made available for any member of the Taliban.

Sec. 8114.

Notwithstanding any other provision of law, any transfer of funds, appropriated or otherwise made available by this Act, for support to friendly foreign countries in connection with the conduct of operations in which the United States is not participating, pursuant to section 331(d) of title 10, United States Code, shall be made in accordance with section 8005 of this Act.

Sec. 8115.

(a)

Contracts.

Memorandums.

Grants.

Loans.

Rosoboronexport.

None of the funds appropriated or otherwise made available by this or any other Act may be used by the 138 STAT. 511 Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.

(b)

Waiver authority.

Determination.

Certification.

Russia.

The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that—

(1)

Syria.

Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic;

(2)

the armed forces of the Russian Federation have withdrawn from Ukraine; and

(3)

agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.

(c)

Review.

Reports.

The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver.

Sec. 8116.

Equipment procured using funds provided in prior Acts under the heading “Counterterrorism Partnerships Fund” for the program authorized by section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), or under the heading “Iraq Train and Equip Fund” for the program authorized by section 1236 of such Act, and not yet transferred to authorized recipients may be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to receive assistance using amounts provided under the heading “Counter-ISIS Train and Equip Fund” in this Act:

Provided,

Time period.

Notifications.

That such equipment may be transferred 15 days following written notification to the congressional defense committees.

Sec. 8117.

Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $15,000,000, to remain available until September 30, 2025, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military and stability operations to counter the Islamic State of Iraq and Syria:

Provided, That

Reimbursements.

Determinations.

Time period.

Notification.

such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following written notification to the appropriate congressional committees:

Provided further,

Contracts.

Time period.

Notifications.

That these funds may be used for 138 STAT. 512 the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military and stability operations to counter the Islamic State of Iraq and Syria, and 15 days following written notification to the appropriate congressional committees:

Provided further,

Reports.

Sec. 8118.

Notifications.

Deadline.

The Secretary of Defense shall notify the congressional defense committees in writing not more than 30 days after the receipt of any contribution of funds received from the government of a foreign country for any purpose relating to the stationing or operations of the United States Armed Forces:

Provided, That such notification shall include the amount of the contribution; the purpose for which such contribution was made; and the authority under which such contribution was accepted by the Secretary of Defense:

Provided further,

Time period.

That not fewer than 15 days prior to obligating such funds, the Secretary of Defense shall submit to the congressional defense committees in writing a notification of the planned use of such contributions, including whether such contributions would support existing or new stationing or operations of the United States Armed Forces.

Sec. 8119.

Reports.

(a)

The Chairman of the Joint Chiefs, in coordination with the Secretaries of the military departments and the Chiefs of the Armed Forces, shall submit to the congressional defense committees, not later than 30 days after the last day of each quarter of the fiscal year, a report on the use of operation and maintenance funds for activities or exercises in excess of $5,000,000 that have been designated by the Secretary of Defense as unplanned activities for fiscal year 2024.

(b)

Each report required by subsection (a) shall also include—

(1)

the title, date, and location, of each activity and exercise covered by the report;

(2)

an identification of the military department and units that participated in each such activity or exercise (including an estimate of the number of participants);

(3)

Costs.

the total cost of the activity or exercise, by budget line item (with a breakdown by cost element such as transportation); and

(4)

a short explanation of the objective of the activity or exercise.

(c)

The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 8120.

(a)

Deadline.

Allocation.

Within 45 days of enactment of this Act, the Secretary of Defense shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund for fiscal year 2024 pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities specified, in the table titled “Department of Defense Allocation of Funds: CHIPS and Science Act Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).138 STAT. 513

(b)

Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Department of Defense:

Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America Defense Fund, which may be allocated pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in subsection (a) of this section.

(c)

The

Reallocation.

Secretary of Defense may reallocate funds allocated by subsection (a) of this section, subject to the terms and conditions contained in the provisos in section 8005 of this Act:

Provided, That amounts may be reallocated pursuant to this subsection only for those requirements necessary to carry out section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(d)

Proposed allocations.

Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Defense shall submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2025.

(e)

Reports.

The Department of Defense shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Defense Fund for amounts allocated pursuant to subsection (a) of this section, including all uncommitted, committed, and unobligated funds.

Sec. 8121.

Deadline.

Notifications.

Not later than 15 days after the date on which any foreign base that involves the stationing or operations of the United States Armed Forces, including a temporary base, permanent base, or base owned and operated by a foreign country, is opened or closed, the Secretary of Defense shall notify the congressional defense committees in writing of the opening or closing of such base:

Provided, That such notification shall also include information on any personnel changes, costs, and savings associated with the opening or closing of such base.

Sec. 8122.

Iraq.

None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States Armed Forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).

Sec. 8123.

Syria.

None of the funds made available by this Act may be used with respect to Syria in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States armed or military forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Syrian territory, airspace, or waters while equipped for combat, in contravention 138 STAT. 514 of the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).

Sec. 8124.

Iraq.

Syria.

None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows:

(1)

To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.

(2)

To exercise United States control over any oil resource of Iraq or Syria.

Sec. 8125.

None of the funds made available by this Act under the heading “Counter-ISIS Train and Equip Fund” may be used to procure or transfer man-portable air defense systems.

Sec. 8126.

Up to $500,000,000 of funds appropriated by this Act for the Defense Security Cooperation Agency in “Operation and Maintenance, Defense-Wide” may be used to provide assistance to the Government of Jordan to support the armed forces of Jordan and to enhance security along its borders.

Sec. 8127.

Reduction.

The total amount appropriated or otherwise made available in title II of this Act is hereby reduced by $500,000,000 to limit excessive growth in the procurement of advisory and assistance services, to be distributed as follows:

“Operation and Maintenance, Army”, $138,000,000;

“Operation and Maintenance, Navy”, $68,000,000;

“Operation and Maintenance, Marine Corps”, $52,000,000;

“Operation and Maintenance, Air Force”, $77,000,000;

“Operation and Maintenance, Space Force”, $9,500,000;

“Operation and Maintenance, Defense-Wide”, $143,000,000; and

“Operation and Maintenance, Army National Guard”, $12,500,000:

Provided, That this section shall not apply to appropriations for the National Intelligence Program and Military Intelligence Program.

Sec. 8128.

Reduction.

The total amount appropriated or otherwise made available in title II of this Act is hereby reduced by $100,000,000 to reflect savings attributable to efficiencies and management improvements in the funding of miscellaneous or other contracts in the military departments, as follows:

“Operation and Maintenance, Army”, $21,000,000;

“Operation and Maintenance, Navy”, $25,000,000;

“Operation and Maintenance, Marine Corps”, $3,500,000;

“Operation and Maintenance, Air Force”, $22,000,000;

“Operation and Maintenance, Space Force”, $1,700,000; and

“Operation and Maintenance, Defense-Wide”, $26,800,000:

Provided, That this section shall not apply to appropriations for the National Intelligence Program and Military Intelligence Program.

Sec. 8129.

Reductions.

The amounts appropriated in title II of this Act are hereby reduced by $500,000,000 to reflect excess cash balances in Department of Defense Working Capital Funds, as follows:

(1)

From “Operation and Maintenance, Army”, $400,000,000; and

(2)

From “Operation and Maintenance, Navy”, $100,000,000.138 STAT. 515

Sec. 8130.

Reduction.

Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the total amount appropriated in this Act is hereby reduced by $969,000,000.

Sec. 8131.

Of the funds appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, $47,000,000 shall be for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program:

Provided, That the funds are made available for transfer to the Department of the Army, the Department of the Navy, and the Department of the Air Force:

Provided further, That funds transferred shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred:

Provided further, That this transfer authority is in addition to any other transfer authority provided in this Act.

Sec. 8132.

Applicability.

In carrying out the program described in the memorandum on the subject of “Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members” issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such memorandum, the Secretary of Defense shall apply such policy and guidance, except that—

(1)

Embryos.

the limitation on periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and

(2)

Definition.

the term “

assisted reproductive technology

” shall include embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.

Sec. 8133.

Ridge Alkonis.

Determination.

The Secretary of the Navy shall continue to provide pay and allowances to Lieutenant Ridge Alkonis, United States Navy, until such time as the Secretary of the Navy makes a determination with respect to the separation of Lieutenant Alkonis from the Navy.

Sec. 8134.

Grants.

Grants pursuant to section 8120 of the Department of Defense Appropriations Act, 2022 (division C of Public Law 117–103) to communities impacted by military aviation noise for the purpose of installing noise mitigating insulation at covered facilities may also provide for the installation of air conditioning that complements noise mitigating insulation at such facilities.

Sec. 8135.

During their period of availability, amounts appropriated in section 124 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180) may be charged for any proper expense pursuant to section 1553(b)(1) of title 31, United States Code, notwithstanding the limitation in section 1553(b)(2) of such title.

Sec. 8136.

The Secretary of Defense may obligate funds made available in this Act for procurement or for research, development, test and evaluation for the F–35 Joint Strike Fighter to modify up to six F–35 aircraft, including up to two F–35 aircraft of each variant, to a test configuration:

Provided,

Notifications.

Time period.

That the Secretary of Defense shall, with the concurrence of the Secretary of the Air Force and the Secretary of the Navy, notify the congressional defense committees not fewer than 30 days prior to obligating funds under this section:

Provided further, That any transfer of funds pursuant to the authority provided in this section shall be made in accordance with section 8005 of this Act.

138 STAT. 516

Sec. 8137.

None of the funds appropriated or otherwise made available by this or any other Act may be obligated to integrate an alternative engine on any F–35 aircraft.

Sec. 8138.

Contracts.

Funds appropriated in title III of this Act may be used to enter into a contract or contracts for the procurement of airframes and engines for the CH–53K heavy lift helicopter program.

Sec. 8139.

The Secretary of Defense may use up to $650,000,000 of the amounts appropriated or otherwise made available in this Act to the Department of Defense for the rapid acquisition and deployment of supplies and associated support services pursuant to section 3601 of title 10, United States Code, but only for the purposes specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such section and subject to the applicable limits specified in clauses (i), (ii), and (iii) of such subsection and, in the case of clause (iv) of such subsection, subject to a limit of $50,000,000, or for the purposes specified in section 229 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) and subject to a limit of $100,000,000:

Provided,

Notifications.

That the Secretary of Defense shall notify the congressional defense committees promptly of all uses of this authority.

Sec. 8140.

There is appropriated to the “Department of Defense Credit Program Account” established pursuant to section 903(b)(5) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31), $49,200,000, to remain available until September 30, 2026, for the cost of loans and loan guarantees pursuant to section 903(b) of such Act for a pilot program on capital assistance to support defense investment in the industrial base:

Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That such amounts are available to subsidize gross obligations for the principal amount of direct loans, and total loan principal, any part of which is to be guaranteed, not to exceed $984,000,000:

Provided further,

Criteria.

That the Secretary of Defense (“Secretary”) and the Director of the Office of Management and Budget (“Director”) shall jointly develop criteria for project eligibility for direct loans and loan guarantees authorized by section 903(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) that limit Federal participation in a project consistent with the requirements for the budgetary treatment provided for in section 504 of the Federal Credit Reform Act of 1990 and based on the recommendations contained in the 1967 Report of the President’s Commission on Budget Concepts:

Provided further,

Reports.

Certification.

Compliance.

That the Secretary and the Director shall, not later than 120 days after the date of enactment of this Act, report such criteria to the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate and certify in that report that the criteria are compliant with this section:

Provided further,

Briefing.

Estimate.

That in the event that a report is not completed and certified within 120 days, the Secretary and the Director shall provide a joint explanatory briefing on program establishment progress and estimated completion time:

Provided further, That,

Consultation.

in developing the criteria to be used, the Secretary and the Director shall consult with the Director of the Congressional Budget Office:

Provided further, That the requirements of section 553 of title 5, United States Code, shall not apply to the development of such criteria:

Provided further, That the use of direct 138 STAT. 517 loans or loan guarantee authority under this section for direct loans or commitments to guarantee loans for any project using funds provided by this section shall be in accordance with such criteria:

Provided further, That the Secretary may not issue a Notice of Funding Availability for applications for credit assistance under the program authorized by section 903(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31) using funds provided by this section until the criteria have been developed pursuant to the third proviso and certified pursuant to the fourth proviso:

Provided further,

Certification.

Compliance.

That none of the direct loans or loan guarantee authority made available under this section shall be available for any project unless the Secretary and the Director, or their respective designees, have each individually certified in advance in writing to the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate that the direct loan or loan guarantee, as applicable, and the project comply with the criteria developed pursuant to this section:

Provided further, That the report required by the fourth proviso shall include information on any statutory improvements to section 149 of title 10, United States Code, as added by section 903 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31), and section 903(b) of such Act, that would further align such sections with the budgetary treatment and recommendations referred to in the third proviso, including statutory improvements necessary to ensure that no further reference to the criteria or the certifications will be required in appropriations Acts in future fiscal years:

Provided further, That such statutory improvements shall also be shared with the Committees on the Budget and Armed Services of the House of Representatives and the Senate:

Provided further,

Records.

That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Secretary shall promptly provide, documentation and information relating to a project identified by the Department of Defense pursuant to a Notice of Funding Availability for applications for credit assistance under section 903(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31).

Sec. 8141.

Notwithstanding section 8057 of this Act, amounts appropriated under the heading “Research, Development, Test and Evaluation, Defense-Wide” of this Act, as detailed in budget activity eight in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act for “Defense Innovation Unit (DIU) Fielding” line 281A, that exceed the amounts requested may be used for expenses for agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance requirements, including the initial acquisition of end-items for operational use:

Provided,

Time period.

Execution plan.

That none of these funds may be obligated or expended until 15 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds.

Sec. 8142.

Wuhan Institute of Virology.

China.

None of the funds made available by this Act may be used to support any activity conducted by, or associated with, the Wuhan Institute of Virology.

Sec. 8143.

EcoHealth Alliance, Inc. China.

Determination.

Waiver authority.

Deadline.

Submission.

None of the funds made available by this Act may be used to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China 138 STAT. 518 unless the Secretary of Defense determines that a waiver to such prohibition is in the national security interests of the United States and, not later than 14 days after granting such a waiver, submits to the congressional defense committees a detailed justification for the waiver, including—

(1)

an identification of the Department of Defense entity obligating or expending the funds;

(2)

an identification of the amount of such funds;

(3)

an identification of the intended purpose of such funds;

(4)

an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);

(5)

an explanation for how the waiver is in the national security interests of the United States; and

(6)

any other information the Secretary determines appropriate.

Sec. 8144.

Khalid Sheikh Mohammed.

Detainees.

None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1)

is not a United States citizen or a member of the Armed Forces of the United States; and

(2)

Cuba.

is or was held on or after June 24, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Sec. 8145.

Detainees.

Cuba.

None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba, to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).

Sec. 8146.

Detainees.

Cuba.

(a)

None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.

(b)

The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.

(c)

An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who—

(1)

is not a citizen of the United States or a member of the Armed Forces of the United States; and

(2)

is—

(A)

in the custody or under the effective control of the Department of Defense; or

(B)

otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 8147.

Cuba.

None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guantanamo Bay, Cuba.138 STAT. 519

Sec. 8148.

Ukraine.

Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Defense-Wide”, for the Defense Security Cooperation Agency, $300,000,000, to remain available until September 30, 2025, shall be for the Ukraine Security Assistance Initiative:

Provided, That such funds shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide assistance, including training; equipment; lethal assistance; logistics support, supplies and services; salaries and stipends; sustainment; and intelligence support to the military and national security forces of Ukraine, and to other forces or groups recognized by and under the authority of the Government of Ukraine, including governmental entities within Ukraine, engaged in resisting Russian aggression against Ukraine, for replacement of any weapons or articles provided to the Government of Ukraine from the inventory of the United States, and to recover or dispose of equipment procured using funds made available in this section in this or prior Acts:

Provided further,

Time period.

Notifications.

Provided further,

Deadline.

That the Secretary of Defense shall, not more than 60 days after such notification is made, inform such committees if such funds have not been obligated and the reasons therefor:

Provided further,

Consultation.

That the Secretary of Defense shall consult with such committees in advance of the provision of support provided to other forces or groups recognized by and under the authority of the Government of Ukraine:

Provided further, That the United States may accept equipment procured using funds made available in this section in this or prior Acts transferred to the security forces of Ukraine and returned by such forces to the United States:

Provided further,

Notifications.

That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred to the military or national security forces of Ukraine or to other assisted entities, or returned by such forces or other assisted entities to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees:

Provided further,

Estimated timeline.

That any notification of funds made available in this section shall specify an estimated timeline for the delivery of defense articles and defense services provided and shall identify if any equipment provided requires enhanced end-use monitoring:

Provided further, That the Secretary of Defense may accept and retain contributions, including money, personal property, and services, from foreign governments and other entities, to carry out assistance authorized for the Ukraine Security Assistance Initiative in this section:

Provided further,

Notifications.

That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions:

Provided further, That contributions of money for the purposes provided herein from any foreign government or other entity may be credited to this account, to remain available until September 30, 2025, and used for such purposes:

Provided further,

Time period.

Reports.

That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use and status of funds made available in this section.

Sec. 8149.

China.

Time period.

Notifications.

None of the funds appropriated or otherwise made available by this Act may be made available to remove a Chinese 138 STAT. 520 military company from the list required by section 1260H of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), except in accordance with subsection (b)(3) of such section and 15 days following written notification to the congressional defense committees.

Sec. 8150.

None of the funds made available by this Act may be used in contravention of section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).

This division may be cited as the “

Department of Defense Appropriations Act, 2024

”.

DIVISION B—

Financial Services and General Government Appropriations Act, 2024.
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2024

TITLE I

Department of the Treasury Appropriations Act, 2024.

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical assistance to State, local, and territorial entities; and Treasury-wide management policies and programs activities $287,576,000, of which not less than $9,000,000 shall be available for the administration of financial assistance, in addition to amounts otherwise available for such purposes:

Provided, That of the amount appropriated under this heading—

(1)

not to exceed $350,000 is for official reception and representation expenses;

(2)

not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary’s certificate; and

(3)

not to exceed $34,000,000 shall remain available until September 30, 2025, for—

(A)

the Treasury-wide Financial Statement Audit and Internal Control Program;

(B)

information technology modernization requirements;

(C)

the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund;

(D)

the development and implementation of programs within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements;

(E)

operations and maintenance of facilities; and

(F)

international operations.138 STAT. 521

committee on foreign investment in the united states fund

(including transfer of funds)

For necessary expenses of the Committee on Foreign Investment in the United States, $21,000,000, to remain available until expended:

Provided,

Notifications.

That the chairperson of the Committee may transfer such amounts to any department or agency represented on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That amounts so transferred shall remain available until expended for expenses of implementing section 721 of the Defense Production Act of 1950, as amended (50 U.S.C. 4565), and shall be available in addition to any other funds available to any department or agency:

Provided further, That fees authorized by section 721(p) of such Act shall be credited to this appropriation as offsetting collections:

Provided further,

Reduction.

That the total amount appropriated under this heading from the general fund shall be reduced as such offsetting collections are received during fiscal year 2024, so as to result in a total appropriation from the general fund estimated at not more than $0.

office of terrorism and financial intelligence

salaries and expenses

For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, human rights abusers, money launderers, drug kingpins, and other national security threats, $226,862,000, of which not less than $3,000,000 shall be available for addressing human rights violations and corruption, including activities authorized by the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):

Provided, That of the amounts appropriated under this heading, up to $16,000,000 shall remain available until September 30, 2025.

cybersecurity enhancement account

For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $36,500,000, to remain available until September 30, 2026:

Provided, That such funds shall supplement and not supplant any other amounts made available to the Treasury offices and bureaus for cybersecurity:

Provided further, That of the total amount made available under this heading $6,500,000 shall be available for administrative expenses for the Treasury Chief Information Officer to provide oversight of the investments made under this heading:

Provided further, That such funds shall supplement and not supplant any other amounts made available to the Treasury Chief Information Officer.138 STAT. 522

department-wide systems and capital investments programs

(including transfer of funds)

For development and acquisition of automatic data processing equipment, software, and services and for repairs and renovations to buildings owned by the Department of the Treasury, $11,007,000, to remain available until September 30, 2026:

Provided, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations:

Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act:

Provided further, That none of the funds appropriated under this heading shall be used to support or supplement “Internal Revenue Service, Operations Support” or “Internal Revenue Service, Business Systems Modernization”.

office of inspector general

salaries and expenses

For necessary expenses of the Office of Inspector General in carrying out the provisions of chapter 4 of title 5, United States Code, $48,389,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until September 30, 2025, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed $1,000 shall be available for official reception and representation expenses.

treasury inspector general for tax administration

salaries and expenses

For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out chapter 4 of title 5, United States Code, including purchase and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates as may be determined by the Inspector General for Tax Administration; $172,508,000, of which $5,000,000 shall remain available until September 30, 2025; of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses.138 STAT. 523

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109; not to exceed $25,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $190,193,000 of which not to exceed $55,000,000 shall remain available until September 30, 2026.

Bureau of the Fiscal Service

salaries and expenses

For necessary expenses of operations of the Bureau of the Fiscal Service, $391,109,000; of which not to exceed $8,000,000, to remain available until September 30, 2026, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses.

In addition, $225,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380.

Alcohol and Tobacco Tax and Trade Bureau

salaries and expenses

For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $157,795,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $50,000 shall be available for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement:

Provided, That of the amount appropriated under this heading, $5,000,000 shall be for the costs of accelerating the processing of formula and label applications:

Provided further, That of the amount appropriated under this heading, $5,000,000, to remain available until September 30, 2026, shall be for the costs associated with enforcement of and education regarding the trade practice provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).

United States Mint

united states mint public enterprise fund

Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 138 STAT. 524 including both operating expenses and capital investments:

Provided, That the aggregate amount of new liabilities and obligations incurred during fiscal year 2024 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $50,000,000.

Community Development Financial Institutions Fund

To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public Law 103–325), including services authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX–III, $324,000,000. Of the amount appropriated under this heading—

(1)

not less than $188,000,000, notwithstanding section 108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard to Small and/or Emerging Community Development Financial Institutions Assistance awards, is available until September 30, 2025, for financial assistance and technical assistance under subparagraphs (A) and (B) of section 108(a)(1), respectively, of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be available for training and outreach under section 109 of Public Law 103–325 (12 U.S.C. 4708), of which up to $3,153,750 may be used for the cost of direct loans, of which up to $10,000,000, notwithstanding subsection (d) of section 108 of Public Law 103–325 (12 U.S.C. 4707(d)), may be available to provide financial assistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit individuals with disabilities, and of which up to $2,000,000 shall be for the Economic Mobility Corps to be operated in conjunction with the Corporation for National and Community Service, pursuant to 42 U.S.C. 12571:

Provided, That the cost of direct and guaranteed loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000:

Provided further, That of the funds provided under this paragraph, excluding those made to community development financial institutions to expand investments that benefit individuals with disabilities and those made to community development financial institutions that serve populations living in persistent poverty counties, the CDFI Fund shall prioritize Financial Assistance awards to organizations that invest and lend in high-poverty areas:

Provided further,

Definition.

That for purposes of this section, the term “

high-poverty area

” means any census tract with a poverty rate of at least 20 percent as measured by the 2016–2020 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico or with a poverty rate of at least 20 percent as measured by the 2010 Island areas Decennial Census data for any territory or possession of the United States;

(2)

not less than $28,000,000, notwithstanding section 108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available until September 30, 2025, for financial assistance, technical assistance, training, and outreach programs designed to benefit 138 STAT. 525 Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, Tribes and Tribal organizations, and other suitable providers;

(3)

not less than $40,000,000 is available until September 30, 2025, for the Bank Enterprise Award program;

(4)

not less than $24,000,000, notwithstanding subsections (d) and (e) of section 108 of Public Law 103–325 (12 U.S.C. 4707(d) and (e)), is available until September 30, 2025, for a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of healthy food options in distressed communities;

(5)

not less than $9,000,000 is available until September 30, 2025, to provide grants for loan loss reserve funds and to provide technical assistance for small dollar loan programs under section 122 of Public Law 103–325 (12 U.S.C. 4719):

Provided, That sections 108(d) and 122(b)(2) of such Public Law shall not apply to the provision of such grants and technical assistance;

(6)

up to $35,000,000 is available for administrative expenses, including administration of CDFI Fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for the development of tools to better assess and inform CDFI investment performance and CDFI program impacts, and up to $300,000 is for administrative expenses to carry out the direct loan program; and

(7)

during fiscal year 2024, none of the funds available under this heading are available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a):

Provided, That commitments to guarantee bonds and notes under such section 114A shall not exceed $500,000,000:

Provided further,

Termination date.

12 USC 4713a note.

That such section 114A shall remain in effect until December 31, 2025:

Provided further, That of the funds awarded under this heading, except those provided for the Economic Mobility Corps, not less than 10 percent shall be used for awards that support investments that serve populations living in persistent poverty counties:

Provided further,

Definition.

Puerto Rico.

Time periods.

That for the purposes of this paragraph and paragraph (1), the term “

persistent poverty counties

” means any county, including county equivalent areas in Puerto Rico, that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the 2016–2020 5-year data series available from the American Community Survey of the Bureau of the Census or any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000 and 2010 Island Areas Decennial Censuses, or equivalent data, of the Bureau of the Census.138 STAT. 526

Internal Revenue Service

taxpayer services

For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $2,780,606,000, of which not to exceed $100,000,000 shall remain available until September 30, 2025, of which not less than $12,000,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $28,000,000, to remain available until September 30, 2025, shall be available for low-income taxpayer clinic grants, including grants to individual clinics of up to $200,000, of which not less than $41,000,000, to remain available until September 30, 2025, shall be available for the Community Volunteer Income Tax Assistance Matching Grants Program for tax return preparation assistance, and of which not less than $271,200,000 shall be available for operating expenses of the Taxpayer Advocate Service:

Provided, That of the amounts made available for the Taxpayer Advocate Service, not less than $7,000,000 shall be for identity theft and refund fraud casework.

enforcement

For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $5,437,622,000; of which not to exceed $250,000,000 shall remain available until September 30, 2025; of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program; and of which not to exceed $25,000,000 shall be for investigative technology for the Criminal Investigation Division:

Provided, That the amount made available for investigative technology for the Criminal Investigation Division shall be in addition to amounts made available for the Criminal Investigation Division under the “Operations Support” heading.

operations support

For necessary expenses to operate the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance and security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the Internal Revenue Service Oversight Board; and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $4,100,826,000, of which not to exceed $275,000,000 shall remain available until September 30, 2025; of which not to exceed $10,000,000 shall remain 138 STAT. 527 available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed $1,000,000 shall remain available until September 30, 2026, for research; and of which not to exceed $20,000 shall be for official reception and representation expenses:

Provided,

Reports.

Summaries.

Strategies.

26 USC 7801 note.

That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing major information technology investments in the Internal Revenue Service portfolio, including detailed, plain language summaries on the status of plans, costs, and results; prior results and actual expenditures of the prior quarter; upcoming deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances; and total expenditures by fiscal year:

Provided further,

Summary.

That the Internal Revenue Service shall include, in its budget justification for fiscal year 2025, a summary of cost and schedule performance information for its major information technology systems.

administrative provisions—internal revenue service

(including transfer of funds)

Sec. 101.

Advance approvals.

Not to exceed 5 percent of an appropriation in this Act made available to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided, That, notwithstanding the preceding proviso, no funds may be transferred into the appropriation under the heading “Enforcement”.

Sec. 102.

The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers’ rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.

Sec. 103.

Policies.

Procedures.

Confidentiality.

Identify theft.

The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft.

Sec. 104.

Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.

Sec. 105.

Notice.

The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer’s former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.

Sec. 106.

Targeting.

None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens 138 STAT. 528 of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States.

Sec. 107.

Targeting.

None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs.

Sec. 108.

None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled “Review of the August 2010 Small Business/Self-Employed Division’s Conference in Anaheim, California” (Reference Number 2013–10–037).

Sec. 109.

None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended—

(1)

to make a payment to any employee under a bonus, award, or recognition program; or

(2)

under any hiring or personnel selection process with respect to re-hiring a former employee;

unless such program or process takes into account the conduct and Federal tax compliance of such employee or former employee.

Sec. 110.

None of the funds made available by this Act may be used in contravention of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information).

Sec. 111.

The Secretary of the Treasury (or the Secretary’s delegate) may use the funds made available in this Act, subject to such policies as the Secretary (or the Secretary’s delegate) may establish, to utilize direct hire authority to recruit and appoint qualified applicants, without regard to any notice or preference requirements, directly to positions in the competitive service to process backlogged tax returns and return information.

Sec. 112.

Notwithstanding section 1344 of title 31, United States Code, funds appropriated to the Internal Revenue Service in this Act may be used to provide passenger carrier transportation and protection between the Commissioner of Internal Revenue’s residence and place of employment.

Administrative Provisions—Department of the Treasury

(including transfers of funds)

Sec. 113.

Contracts.

Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109.

Sec. 114.

Advance approvals.

Not to exceed 2 percent of any appropriations in this title made available under the headings “Departmental 138 STAT. 529 Offices—Salaries and Expenses”, “Office of Inspector General”, “Financial Crimes Enforcement Network”, “Bureau of the Fiscal Service”, and “Alcohol and Tobacco Tax and Trade Bureau” or for the Special Inspector General for Pandemic Recovery may be transferred between such appropriations upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided, That no transfer under this section may increase or decrease any such appropriation by more than 2 percent:

Provided further, That, notwithstanding the preceding proviso, under this section not more than $1,000,000 may be transferred to the Special Inspector General for Pandemic Recovery.

Sec. 115.

Advance approvals.

Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent.

Sec. 116.

None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note.

Sec. 117.

The Secretary of the Treasury may transfer funds from the “Bureau of the Fiscal Service—Salaries and Expenses” to the Debt Collection Fund as necessary to cover the costs of debt collection:

Provided,

Reimbursement.

That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund.

Sec. 118.

Approval requirement.

None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs.

Sec. 119.

Approval requirement.

None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 120.

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2024 until the enactment of the Intelligence Authorization Act for Fiscal Year 2024.

Sec. 121.

Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing’s Industrial Revolving Fund for necessary official reception and representation expenses.

Sec. 122.

Plan.

Deadline.

The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the House 138 STAT. 530 of Representatives and the Senate not later than 30 days following the submission of the annual budget submitted by the President:

Provided, That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account:

Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed.

Sec. 123.

Nonprofit organizations.

During fiscal year 2024—

(1)

none of the funds made available in this or any other Act may be used by the Department of the Treasury, including the Internal Revenue Service, to issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)); and

(2)

Determinations.

Applicability.

the standard and definitions as in effect on January 1, 2010, which are used to make such determinations shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date.

Sec. 124.

Reports.

Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund.

Sec. 125.

Reports.

(a)

Not later than 60 days after the end of each quarter, the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Senate Committee on Banking, Housing, and Urban Affairs.

(b)

The reports required under subsection (a) shall include—

(1)

the obligations made during the previous quarter by object class, office, and activity;

(2)

Estimate.

the estimated obligations for the remainder of the fiscal year by object class, office, and activity;

(3)

the number of full-time equivalents within each office during the previous quarter;

(4)

Estimate.

the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and

(5)

actions taken to achieve the goals, objectives, and performance measures of each office.

(c)

Testimony.

At the request of any such Committees specified in subsection (a), the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a).138 STAT. 531

Sec. 126.

In addition to amounts otherwise available, there is appropriated to the Special Inspector General for Pandemic Recovery, $11,880,000, to remain available until expended, for necessary expenses in carrying out section 4018 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).

Sec. 127.

Advance approval.

Not to exceed 5 percent of any appropriation made available in this Act for the Department of the Treasury may be transferred to the Department’s information technology system modernization and working capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), for the purposes specified in section 1077(b)(3) of such Act, upon the prior approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided, That amounts transferred to the IT WCF under this section shall remain available for obligation through September 30, 2027.

Sec. 128.

Amounts returned to the Secretary of the Treasury pursuant to section 603(b)(2)(C)(iv) of the Social Security Act may be transferred to and merged with the appropriation for “Department of the Treasury—Cybersecurity Enhancement Account”.

This title may be cited as the “

Department of the Treasury Appropriations Act, 2024

”.

TITLE II

Executive Office of the President Appropriations Act, 2024.

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

The White House

salaries and expenses

For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); and not to exceed $19,000 for official reception and representation expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $78,904,000.

Executive Residence at the White House

operating expenses

For necessary expenses of the Executive Residence at the White House, $15,453,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112–114.

reimbursable expenses

For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary:

Provided, That all reimbursable operating expenses of the Executive Residence 138 STAT. 532 shall be made in accordance with the provisions of this paragraph:

Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses:

Provided further, That

Requirement.

Advance payment.

the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended:

Provided further,

Requirement.

That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year:

Provided further,

Notice.

Deadlines.

That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice:

Provided further,

Penalties.

Deadline.

That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717:

Provided further, That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts:

Provided further,

Reports.

That the Executive Residence shall prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report:

Provided further, That

Records.

the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical:

Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code.

White House Repair and Restoration

For the repair, alteration, and improvement of the Executive Residence at the White House pursuant to 3 U.S.C. 105(d), $2,475,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued preventative maintenance.138 STAT. 533

Council of Economic Advisers

salaries and expenses

For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021 et seq.), $4,854,000.

National Security Council and Homeland Security Council

salaries and expenses

For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109, $19,000,000, of which not to exceed $10,000 shall be available for official reception and representation expenses.

Office of Administration

salaries and expenses

For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles, $114,308,000, of which not to exceed $12,800,000 shall remain available until expended for continued modernization of information resources within the Executive Office of the President:

Provided, That of the amounts provided under this heading, up to $7,000,000 shall be available for a program to provide payments (such as stipends, subsistence allowances, cost reimbursements, or awards) to students, recent graduates, and veterans recently discharged from active duty who are performing voluntary services in the Executive Office of the President under section 3111(b) of title 5, United States Code, or comparable authority and shall be in addition to amounts otherwise available to pay or compensate such individuals:

Provided further, That such payments shall not be considered compensation for purposes of such section 3111(b) and may be paid in advance.

Office of Management and Budget

salaries and expenses

For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44, United States Code, and to prepare and submit the budget of the United States Government, in accordance with section 1105(a) of title 31, United States Code, $129,000,000, of which not to exceed $3,000 shall be available for official representation expenses:

Provided, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):

Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and 138 STAT. 534 Budget, before the Committees on Appropriations or their subcommittees:

Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the annual work plan developed by the Corps of Engineers for submission to the Committees on Appropriations:

Provided further, That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process:

Provided further, That

Deadline.

Policy reviews.

the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported:

Provided further,

Notifications.

That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated:

Provided further,

Reports.

That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly:

Provided further, That

Deadline.

Public information.

Web posting.

List.

no later than 14 days after the submission of the budget of the United States Government for fiscal year 2025, the Director of the Office of Management and Budget shall make publicly available on a website a tabular list for each agency that submits budget justification materials (as defined in section 3 of the Federal Funding Accountability and Transparency Act of 2006) that shall include, at minimum, the name of the agency, the date on which the budget justification materials of the agency were submitted to Congress, and a uniform resource locator where the budget justification materials are published on the website of the agency:

Provided further, That amounts appropriated under this heading shall be available for the liquidation of valid obligations incurred for fiscal year 2017, as authorized by law, in excess of amounts that were available for obligation during such fiscal year.

Intellectual Property Enforcement Coordinator

For necessary expenses of the Office of the Intellectual Property Enforcement Coordinator, as authorized by title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403), including services authorized by 5 U.S.C. 3109, $1,883,000.

Office of the National Cyber Director

salaries and expenses

For necessary expenses of the Office of the National Cyber Director, as authorized by section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283), $21,707,000, of which not to exceed $5,000 shall be available for official reception and representation expenses.138 STAT. 535

Office of National Drug Control Policy

salaries and expenses

For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998, as amended; not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $21,785,000:

Provided, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office.

federal drug control programs

high intensity drug trafficking areas program

(including transfers of funds)

For

Deadline.

necessary expenses of the Office of National Drug Control Policy’s High Intensity Drug Trafficking Areas Program, $298,579,000, to remain available until September 30, 2025, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas (“HIDTAs”), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall be obligated not later than 120 days after enactment of this Act:

Provided,

Determination.

That up to 49 percent may be transferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $4,000,000 may be used for auditing services and associated activities and $2,000,000 shall be for the Grants Management System for use by the Office of National Drug Control Policy:

Provided further, That any unexpended funds obligated prior to fiscal year 2022 may be used for any other approved activities of that HIDTA, subject to reprogramming requirements:

Provided further,

Submission.

That each HIDTA designated as of September 30, 2023, shall be funded at not less than the fiscal year 2023 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness:

Provided further,

Notifications.

Deadlines.

Determination.

That the Director shall notify the Committees on Appropriations of the House of Representatives and the Senate of the initial allocation of fiscal year 2024 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act:

Provided further, That upon a

Determination.

Notifications.

determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein and upon notification to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to this appropriation.

138 STAT. 536

other federal drug control programs

(including transfers of funds)

For other drug control activities authorized by the Anti-Drug Abuse Act of 1988 and the Office of National Drug Control Policy Reauthorization Act of 1998, as amended, $136,150,000, to remain available until expended, which shall be available as follows: $109,000,000 for the Drug-Free Communities Program, of which not more than $12,780,000 is for administrative expenses, and of which $2,500,000 shall be made available as directed by section 4 of Public Law 107–82, as amended by section 8204 of Public Law 115–271; $3,000,000 for drug court training and technical assistance; $14,000,000 for anti-doping activities; up to $3,700,000 for the United States membership dues to the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and $5,200,000 for activities authorized by section 103 of Public Law 114–198:

Provided, That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out such activities:

Provided further,

Time period.

Spending plan.

That the Director of the Office of National Drug Control Policy shall, not fewer than 30 days prior to obligating funds under this heading for United States membership dues to the World Anti-Doping Agency, submit to the Committees on Appropriations of the House of Representatives and the Senate a spending plan and explanation of the proposed uses of these funds.

Unanticipated Needs

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108, $990,000, to remain available until September 30, 2025.

Information Technology Oversight and Reform

(including transfer of funds)

For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $8,000,000, to remain available until expended:

Provided, That the Director of the Office of Management and Budget may transfer these funds to one or more other agencies to carry out projects to meet these purposes.

Special Assistance to the President

salaries and expenses

For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $6,015,000.138 STAT. 537

Official Residence of the Vice President

operating expenses

(including transfer of funds)

For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 106(b)(2), $318,000:

Provided, That advances, repayments, or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.

Administrative Provisions—Executive Office of the President and Funds Appropriated to the President

(including transfer of funds)

Sec. 201.

Advance approvals.

From funds made available in this Act under the headings “The White House”, “Executive Residence at the White House”, “White House Repair and Restoration”, “Council of Economic Advisers”, “National Security Council and Homeland Security Council”, “Office of Administration”, “Special Assistance to the President”, and “Official Residence of the Vice President”, the Director of the Office of Management and Budget (or such other officer as the President may designate in writing) may, with advance approval of the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred:

Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers:

Provided further,

Approval requirement.

That no amount shall be transferred from “Special Assistance to the President” or “Official Residence of the Vice President” without the approval of the Vice President.

Sec. 202.

Budget statement.

Cost estimates.

(a)

During fiscal year 2024, any Executive order or Presidential memorandum issued or revoked by the President shall be accompanied by a written statement from the Director of the Office of Management and Budget on the budgetary impact, including costs, benefits, and revenues, of such order or memorandum.

(b)

Time period.

Any such statement shall include—

(1)

Summary.

a narrative summary of the budgetary impact of such order or memorandum on the Federal Government;

(2)

the impact on mandatory and discretionary obligations and outlays as the result of such order or memorandum, listed by Federal agency, for each year in the 5-fiscal-year period beginning in fiscal year 2024; and

(3)

the impact on revenues of the Federal Government as the result of such order or memorandum over the 5-fiscal-year period beginning in fiscal year 2024.

(c)

Deadline.

If an Executive order or Presidential memorandum is issued during fiscal year 2024 due to a national emergency, the Director of the Office of Management and Budget may issue the statement 138 STAT. 538 required by subsection (a) not later than 15 days after the date that such order or memorandum is issued.

(d)

Applicability.

The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000.

Sec. 203.

Deadline.

Memorandum.

Compliance.

Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a memorandum to all Federal departments, agencies, and corporations directing compliance with the provisions in title VII of this Act.

Sec. 204.

For an additional amount for “Office of National Drug Control Policy, Salaries and Expenses”, $13,045,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading “Administrative Provisions—Executive Office of the President and Funds Appropriated to the President” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That none of the funds made available by this section may be transferred for any other purpose.

This title may be cited as the “

Executive Office of the President Appropriations Act, 2024

”.

TITLE III

Judiciary Appropriations Act, 2024.

THE JUDICIARY

Supreme Court of the United States

salaries and expenses

For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $129,323,000, of which $1,500,000 shall remain available until expended.

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court.

care of the building and grounds

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112 under the direction of the Chief Justice, $20,688,000, to remain available until expended.

United States Court of Appeals for the Federal Circuit

salaries and expenses

For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $36,735,000.138 STAT. 539 In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court.

United States Court of International Trade

salaries and expenses

For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $21,260,000.

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court.

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $5,995,055,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.

In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service.

In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed $9,975,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

defender services

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and 138 STAT. 540 reimbursement of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b); and for necessary training and general administrative expenses, $1,450,680,000, to remain available until expended.

fees of jurors and commissioners

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $58,239,000, to remain available until expended:

Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332.

court security

(including transfer of funds)

For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100–702), $750,163,000, of which not to exceed $20,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General:

Provided, That funds made available under this heading may be used for managing a Judiciary-wide program to facilitate security and emergency management services among the Judiciary, United States Marshals Service, Federal Protective Service, General Services Administration, other Federal agencies, state and local governments and the public; and for purposes authorized by the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117–263, division C, title LIX, subtitle D) and 28 U.S.C. 604(a)(24).

Administrative Office of the United States Courts

salaries and expenses

For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, $102,673,000, of which not 138 STAT. 541 to exceed $8,500 is authorized for official reception and representation expenses.

Federal Judicial Center

salaries and expenses

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $34,261,000; of which $1,800,000 shall remain available through September 30, 2025, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses.

United States Sentencing Commission

salaries and expenses

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $21,641,000, of which not to exceed $1,000 is authorized for official reception and representation expenses.

Administrative Provisions—The Judiciary

(including transfer of funds)

Sec. 301.

Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109.

Sec. 302.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except “Courts of Appeals, District Courts, and Other Judicial Services, Defender Services” and “Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners”, shall be increased by more than 10 percent by any such transfers:

Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608.

Sec. 303.

Notwithstanding any other provision of law, the salaries and expenses appropriation for “Courts of Appeals, District Courts, and Other Judicial Services” shall be available for official reception and representation expenses of the Judicial Conference of the United States:

Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference.

Sec. 304.

Applicability.

Section 3315(a) of title 40, United States Code, shall be applied by substituting “Federal” for “executive” each place it appears.

Sec. 305.

In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, 138 STAT. 542 the security services that 40 U.S.C. 1315 authorizes the Department of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E).

Reimbursement.

For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security.

Sec. 306.

(a)

Section 203(c) of the Judicial Improvements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note),

is amended

in the matter following paragraph 12—

(1)

in the second sentence (relating to the District of Kansas), by

striking

“32 years and 6 months” and

inserting

“33 years and 6 months”; and

(2)

in the sixth sentence (relating to the District of Hawaii), by

striking

“29 years and 6 months” and

inserting

“30 years and 6 months”.

(b)

Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 119 Stat. 2470; 28 U.S.C. 133 note)

is amended

in the second sentence (relating to the eastern District of Missouri) by

striking

“30 years and 6 months” and

inserting

“31 years and 6 months”.

(c)

Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 133 note),

is amended

—

(1)

in the first sentence by

striking

“21 years” and

inserting

“22 years”;

(2)

in the second sentence (relating to the central District of California), by

striking

“20 years and 6 months” and

inserting

“21 years and 6 months”; and

(3)

in the third sentence (relating to the western district of North Carolina), by

striking

“19 years” and

inserting

“20 years”.

Sec. 307.

Section 3006A(d)(1) of title 18, United States Code,

is amended

—

(1)

in subsection (d)—

(A)

in paragraph (1), by

inserting

“, or the attorney’s law firm,” after “appointed pursuant to this section”;

(B)

in paragraph (2), by

inserting

“, or the attorney’s law firm,” after “paid to an attorney” each place it appears;

(C)

in paragraph (5), by

inserting

“, or the attorney’s law firm” after “paid to the attorney”; and

(2)

in subsection (f), by

inserting

“, or the attorney’s law firm” after “paid to the appointed attorney”.

This title may be cited as the “

Judiciary Appropriations Act, 2024

”.

TITLE IV

District of Columbia Appropriations Act, 2024.

DISTRICT OF COLUMBIA

Federal Funds

federal payment for resident tuition support

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident 138 STAT. 543 tuition support, $40,000,000, to remain available until expended:

Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education:

Provided further, That the awarding of such funds may be prioritized on the basis of a resident’s academic merit, the income and need of eligible students and such other factors as may be authorized:

Provided further,

Account.

That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year:

Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program:

Provided further,

Reports.

That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations for these funds showing, by object class, the expenditures made and the purpose therefor.

federal payment for emergency planning and security costs in the district of columbia

For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $30,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions.

federal payment to the district of columbia courts

For salaries and expenses for the District of Columbia Courts, including the transfer and hire of motor vehicles, $292,068,000 to be allocated as follows: for the District of Columbia Court of Appeals, $15,055,000, of which not to exceed $2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $141,973,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $88,290,000, of which not to exceed $2,500 is for official reception and representation expenses; and $46,750,000, to remain available until September 30, 2025, for capital improvements for District of Columbia courthouse facilities:

Provided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and facilities condition assessment:

Provided further, That, in addition to the amounts appropriated herein, fees received by the District of Columbia Courts for administering bar examinations and processing District of Columbia bar admissions may be retained and credited to this 138 STAT. 544 appropriation, to remain available until expended, for salaries and expenses associated with such activities, notwithstanding section 450 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.50):

Provided further,

Apportionment.

Time period.

That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies:

Provided further,

Time period.

Notice.

Reallocation.

That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $9,000,000 of the funds provided under this heading among the items and entities funded under this heading:

Provided further, That

Regulations.

the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for employees of the District of Columbia Courts.

federal payment for defender services in district of columbia courts

(including rescission of funds)

For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21–2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $46,005,000, to remain available until expended:

Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia:

Apportionment.

Time period.

Provided further, That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies:

Provided further, That of the unobligated balances from prior year appropriations made available under this heading, $25,000,000 are hereby rescinded not later than September 30, 2024.

federal payment to the court services and offender supervision agency for the district of columbia

For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $286,016,000, of which not to exceed $2,000 is for official 138 STAT. 545 reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002:

Provided, That, of the funds appropriated under this heading, $200,034,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons, of which $4,253,000 shall remain available until September 30, 2026, for costs associated with the relocation under replacement leases for headquarters offices, field offices and related facilities:

Provided further, That, of the funds appropriated under this heading, $85,982,000 shall be available to the Pretrial Services Agency, of which $2,503,000 shall remain available until September 30, 2026, for costs associated with relocation under a replacement lease for headquarters offices, field offices, and related facilities:

Provided further,

Apportionment.

Time period.

Provided further, That amounts under this heading may be used for programmatic incentives for defendants to successfully complete their terms of supervision.

federal payment to the district of columbia public defender service

For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $53,629,000, of which $3,000,000 shall remain available until September 30, 2026, for costs associated with relocation under a replacement lease for headquarters offices, field offices, and related facilities:

Apportionment.

Time period.

Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies:

Provided further, That the District of Columbia Public Defender Service may establish for employees of the District of Columbia Public Defender Service a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, except that the maximum amount of the payment made under the program to any individual may not exceed the amount referred to in section 3523(b)(3)(B) of title 5, United States Code:

Provided further, That for the purposes of engaging with, and receiving services from, Federal Franchise Fund Programs established in accordance with section 403 of the Government Management Reform Act of 1994, as amended, the District of Columbia Public Defender Service shall be considered an agency of the United States Government:

Provided further,

Contracts.

That the District of Columbia Public Defender Service may enter into contracts for the procurement of severable services and multiyear contracts for the acquisition of property and services to the same extent 138 STAT. 546 and under the same conditions as an executive agency under sections 3902 and 3903 of title 41, United States Code.

federal payment to the criminal justice coordinating council

For a Federal payment to the Criminal Justice Coordinating Council, $2,450,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia.

federal payment for judicial commissions

For a Federal payment, to remain available until September 30, 2025, to the Commission on Judicial Disabilities and Tenure, $330,000, and for the Judicial Nomination Commission, $300,000.

federal payment for school improvement

For a Federal payment for a school improvement program in the District of Columbia, $52,500,000, to remain available until expended, for payments authorized under the Scholarships for Opportunity and Results Act (division C of Public Law 112–10):

Provided,

Scholarships.

That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such Act (Public Law 112–10; 125 Stat. 211) including students who were not offered a scholarship during any previous school year:

Provided further, That within funds provided for opportunity scholarships, up to $1,750,000 shall be for the activities specified in sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be for the activities specified in section 3009 of the Act.

federal payment for the district of columbia national guard

For a Federal payment to the District of Columbia National Guard, $600,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program.

federal payment for testing and treatment of hiv/aids

For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000.

federal payment to the district of columbia water and sewer authority

For a Federal payment to the District of Columbia Water and Sewer Authority, $8,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan:

Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.138 STAT. 547

District of Columbia Funds

Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia (“General Fund”) for programs and activities set forth in the Fiscal Year 2024 Local Budget Act of 2023 (D.C. Law 25–47) and at the rates set forth in such Act, as amended as of the date of enactment of this Act:

Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and 817 of the Financial Services and General Government Appropriations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2024 under this heading shall not exceed the estimates included in the Fiscal Year 2024 Local Budget Act of 2023, as amended as of the date of enactment of this Act or the sum of the total revenues of the District of Columbia for such fiscal year:

Provided further, That the amount appropriated may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs:

Provided further,

Compliance.

That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act:

Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2024, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

This title may be cited as the “

District of Columbia Appropriations Act, 2024

”.

TITLE V

INDEPENDENT AGENCIES

Administrative Conference of the United States

salaries and expenses

For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq., $3,430,000, to remain available until September 30, 2025, of which not to exceed $1,000 is for official reception and representation expenses.

Consumer Product Safety Commission

salaries and expenses

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, and 138 STAT. 548 not to exceed $4,000 for official reception and representation expenses, $150,975,000, of which $2,000,000 shall remain available until expended, to carry out the program, including administrative costs, authorized by section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110–140, as amended), and of which $2,000,000 shall remain available until expended, to carry out the program, including administrative costs, authorized by section 204 of the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022 (title II of division Q of Public Law 117–103).

administrative provisions—consumer product safety commission

Sec. 501.

During fiscal year 2024, none of the amounts made available by this Act may be used to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles published by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after—

(1)

Study.

Determination.

the National Academy of Sciences, in consultation with the National Highway Traffic Safety Administration and the Department of Defense, completes a study to determine—

(A)

the technical validity of the lateral stability and vehicle handling requirements proposed by such standard for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as “ROV”) rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements;

(B)

the number of ROV rollovers that would be prevented if the proposed requirements were adopted;

(C)

whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a ROV’s rollover resistance on a progressive scale; and

(D)

the effect on the utility of ROVs used by the United States military if the proposed requirements were adopted; and

(2)

Reports.

a report containing the results of the study completed under paragraph (1) is delivered to—

(A)

the Committee on Commerce, Science, and Transportation of the Senate;

(B)

the Committee on Energy and Commerce of the House of Representatives;

(C)

the Committee on Appropriations of the Senate; and

(D)

the Committee on Appropriations of the House of Representatives.

Sec. 502.

Gas stoves.

None of the funds provided may be used to promulgate, implement, administer, or enforce any regulation issued by the U.S. Consumer Product Safety Commission to ban gas stoves as a class of products.

Election Assistance Commission

salaries and expenses

For necessary expenses to carry out the Help America Vote Act of 2002 (Public Law 107–252), $27,720,000, of which $1,250,000 138 STAT. 549 shall be made available to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002.

election
State and local governments.
security grants

Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $55,000,000, to be paid from the unobligated balances from amounts in the fund established by section 9006(a) of title 26, United States Code, is provided to the Election Assistance Commission for necessary expenses to make payments to States for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, as authorized by sections 101, 103, and 104 of such Act:

Provided,

Northern Mariana Islands.

That for purposes of applying such sections, the Commonwealth of the Northern Mariana Islands shall be deemed to be a State and, for purposes of sections 101(d)(2) and 103(a) shall be treated in the same manner as the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands:

Provided further, That each reference to the “Administrator of General Services” or the “Administrator” in sections 101 and 103 shall be deemed to refer to the “Election Assistance Commission”:

Provided further, That each reference to “$5,000,000” in section 103 shall be deemed to refer to “$1,000,000” and each reference to “$1,000,000” in section 103 shall be deemed to refer to “$200,000”:

Deadline.

Provided further, That not later than two years after receiving a payment under this heading, a State shall make available funds for such activities in an amount equal to 20 percent of the total amount of the payment made to the State under this heading:

Provided further, That

Deadline.

Payments.

not later than 45 days after the date of enactment of this Act, the Election Assistance Commission shall make the payments to States under this heading:

Provided further,

Reports.

That States shall submit quarterly financial reports and annual progress reports.

Federal Communications Commission

salaries and expenses

For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $390,192,000, to remain available until expended:

Provided, That $390,192,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses and shall remain available until expended:

Provided further, That

Reduction.

the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2024 so as to result in a final fiscal year 2024 appropriation estimated at $0:

Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $136,167,000 for fiscal year 2024:

Provided further, That, of the amount appropriated under this heading, not less than 138 STAT. 550 $12,131,000 shall be for the salaries and expenses of the Office of Inspector General.

administrative provisions—federal communications commission

Sec. 510.

Section 302 of the Universal Service Antideficiency Temporary Suspension Act

136 Stat. 4680.

is amended

striking

“December 31, 2023” each place it appears and

inserting

“December 31, 2024”.

Sec. 511.

None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.

Federal Deposit Insurance Corporation

office of the inspector general

For necessary expenses of the Office of Inspector General in carrying out chapter 4 of title 5, United States Code, $47,500,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund.

Federal Election Commission

salaries and expenses

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $80,857,000, of which not to exceed $5,000 shall be available for reception and representation expenses.

Federal Labor Relations Authority

salaries and expenses

For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $29,500,000:

Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109:

Provided further, That, notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences.138 STAT. 551

Federal Trade Commission

salaries and expenses

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $425,700,000, to remain available until expended:

Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718:

Provided further, That, notwithstanding any other provision of law, not to exceed $278,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation:

Provided further, That, notwithstanding any other provision of law, not to exceed $14,000,000 in offsetting collections derived from fees to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this account, and be retained and used for necessary expenses in this appropriation:

Provided further,

Reduction.

That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2024 so as to result in a final fiscal year 2024 appropriation from the general fund estimated at no more than $133,700,000:

Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t).

General Services Administration

real property activities

federal buildings fund

limitations on availability of revenue

(including transfers of funds)

Amounts

Advance approvals.

in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and 138 STAT. 552 extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $9,470,022,000, of which—

(1)

$259,692,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, and associated design and construction services), in addition to amounts otherwise provided for such purposes, as follows:

Maryland:

Baltimore, Edward A. Garmatz U.S. Courthouse, $1,500,000;

National Capital Region:

Federal Bureau of Investigation Headquarters Consolidation, $200,000,000;

Puerto Rico:

Clemente Ruiz-Nazario, U.S. Courthouse and Federico Degetau Federal Building, $28,290,000;

Tennessee:

Chattanooga, U.S. Courthouse, $20,902,000; and

Washington:

Seattle, Design of Replacement Facility, $9,000,000:

Provided, That each of the foregoing limits of costs on construction and acquisition may be exceeded to the extent that savings are effected in other such projects, but not to exceed 20 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate of a greater amount;

(2)

$599,848,000 shall remain available until expended for repairs and alterations, including associated design and construction services, in addition to amounts otherwise provided for such purposes, of which—

(A)

$211,515,000 is for Major Repairs and Alterations as follows:

Kentucky:

Paducah, Federal Building and U.S. Courthouse, $40,479,000;

Oklahoma:

Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and U.S. Post Office and Courthouse, $65,926,000;

Virginia:

Walter E. Hoffman U.S. Courthouse, $2,756,000;

Washington:

Tacoma, Tacoma Union Station, $79,256,000; and

West Virginia:

Martinsburg, IRS Enterprise Computing Center, $23,098,000:

(B)

$376,333,000 is for Basic Repairs and Alterations; and

(C)

$12,000,000 is for Special Emphasis Programs as follows:

Fire Protection and Life Safety Program, $5,000,000;

Consolidation Activities Program, $4,000,000;

Judiciary Capital Security Program, $3,000,000;138 STAT. 553

Provided, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 20 percent unless advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate of a greater amount:

Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate:

Provided further,

Compliance.

That the amounts provided in this or any prior Act for “Repairs and Alterations” may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate:

Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading “Repairs and Alterations”, may be transferred to “Basic Repairs and Alterations” or used to fund authorized increases in prospectus projects:

Provided further, That the amount provided in this or any prior Act for “Basic Repairs and Alterations” may be used to pay claims against the Government arising from any projects under the heading “Repairs and Alterations” or used to fund authorized increases in prospectus projects;

(3)

$5,659,298,000 for rental of space to remain available until expended; and

(4)

$2,951,184,000 for building operations to remain available until expended:

Provided,

Proposed prospectus.

That the total amount of funds made available from this Fund to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a), has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus:

Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections:

Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2024, excluding reimbursements under 40 U.S.C. 592(b)(2), in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts.138 STAT. 554

general activities

government-wide policy

For expenses authorized by law, not otherwise provided for, for Government-wide policy associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; and evaluation activities as authorized by statute; $70,474,000, of which $4,000,000 shall remain available until September 30, 2025.

operating expenses

For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, and management; and in addition to any other amounts made available to the General Services Administration for such purposes, the hire of passenger motor vehicles pursuant to 42 U.S.C. 13211(3) and supporting infrastructure; $53,933,000, of which not to exceed $7,500 is for official reception and representation expenses.

civilian board of contract appeals

For expenses authorized by law, not otherwise provided for, for the activities associated with the Civilian Board of Contract Appeals, $10,248,000, of which $2,000,000 shall remain available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109, $73,837,000:

Provided, That not to exceed $1,500,000 shall be available for information technology enhancements related to providing a modern technology case management solution:

Provided further, That not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property:

Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness.

allowances and office staff for former presidents

For carrying out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, $5,200,000.

federal citizen services fund

(including transfer of funds)

For necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and for necessary expenses authorized by law in support of interagency projects that enable the Federal Government 138 STAT. 555 to enhance its ability to conduct activities electronically through the development and implementation of innovative uses of information technology; $75,000,000, to be deposited into the Federal Citizen Services Fund:

Provided, That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal Citizen Services Fund:

Provided further, That the appropriations, revenues, reimbursements, and collections deposited into the Fund shall be available until expended for necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 and for necessary expenses in support of interagency projects that enable the Federal Government to enhance its ability to conduct activities electronically through the development and implementation of innovative uses of information technology in the aggregate amount not to exceed $250,000,000:

Provided further, That appropriations, revenues, reimbursements, and collections accruing to this Fund during fiscal year 2024 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts:

Provided further, That, of the total amount appropriated, up to $5,000,000 shall be available for support functions and full-time hires to support activities related to the Administration’s requirements under title II of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435):

Provided further, That the transfer authorities provided herein shall be in addition to any other transfer authority provided in this Act.

pre-election presidential transition

For activities authorized by the Presidential Transition Act of 1963, as amended, not to exceed $10,413,000, to remain available until September 30, 2025:

Provided,

Transfer authority.

Reimbursement.

Time periods.

That such amounts may be transferred to “Acquisition Services Fund” or “Federal Buildings Fund” to reimburse obligations incurred for the purposes provided herein in fiscal years 2023 and 2024:

Provided further, That amounts made available under this heading shall be in addition to any other amounts available for such purposes.

working capital fund

For the Working Capital Fund of the General Services Administration, $4,000,000, to remain available until expended, for necessary costs incurred by the Administrator to modernize rulemaking systems and to provide support services for Federal rulemaking agencies.

administrative provisions—general services administration

(including transfer of funds)

Sec. 520.

Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

Sec. 521.

Funds in the Federal Buildings Fund made available for fiscal year 2024 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements:

Provided,

Advance approval.

That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.

138 STAT. 556

Sec. 522.

Courts.

Study.

Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2025 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.

Sec. 523.

Determination.

None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 (Public Law 92–313).

Sec. 524.

Notifications.

From funds made available under the heading “Federal Buildings Fund, Limitations on Availability of Revenue”, claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 525.

Contracts.

Determination.

Statement.

In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution.

Sec. 526.

Spending plan.

Deadline.

With respect to projects funded under the heading “Federal Citizen Services Fund”, the Administrator of General Services shall submit a spending plan and explanation for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of enactment of this Act.

Harry S Truman Scholarship Foundation

salaries and expenses

For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642, $2,970,000, to remain available until expended.138 STAT. 557

Merit Systems Protection Board

salaries and expenses

(including transfer of funds)

For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $49,135,000, to remain available until September 30, 2025, and in addition not to exceed $2,345,000, to remain available until September 30, 2025, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board.

Morris K. Udall and Stewart L. Udall Foundation

morris k. udall and stewart l. udall trust fund

(including transfer of funds)

For payment to the Morris K. Udall and Stewart L. Udall Foundation, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,782,000, to remain available for direct expenditure until expended, of which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000 shall be available to carry out the activities authorized by section 6(7) of Public Law 102–259 and section 817(a) of Public Law 106–568 (20 U.S.C. 5604(7)):

Provided, That all current and previous amounts transferred to the Office of Inspector General of the Department of the Interior will remain available until expended for audits and investigations of the Morris K. Udall and Stewart L. Udall Foundation, consistent with chapter 4 of title 5, United States Code, and for annual independent financial audits of the Morris K. Udall and Stewart L. Udall Foundation pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107–289):

Provided further, That previous amounts transferred to the Office of Inspector General of the Department of the Interior may be transferred to the Morris K. Udall and Stewart L. Udall Foundation for annual independent financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107–289):

Provided further, That contingent upon the enactment of legislation making interest earned from investments of the Trust Fund subject to appropriations, any interest earned during fiscal year 2024 from investments made from discretionary appropriations to the Morris K. Udall and Stewart L. Udall Trust Fund after the date provided for in such legislation shall be available until expended.

environmental dispute resolution fund

For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and 138 STAT. 558 Conflict Resolution Act of 1998, $3,904,000, to remain available until expended.

National Archives and Records Administration

operating expenses

For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $427,250,000, of which $30,000,000 shall remain available until expended for expenses necessary to enhance the Federal Government’s ability to electronically preserve, manage, and store Government records, and of which $2,000,000 shall remain available until expended to make publicly available records related to missing Armed Forces and civilian personnel.

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and chapter 4 of title 5, United States Code, and for the hire of passenger motor vehicles, $5,920,000.

repairs and restoration

For the repair, alteration, and improvement of archives facilities and museum exhibits, related equipment for public spaces, and to provide adequate storage for holdings, $25,500,000, to remain available until expended, of which no less than $17,500,000 is for improvements to the Eisenhower Presidential Library in Abilene, Kansas.

national historical publications and records commission

grants program

For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, $10,000,000, to remain available until expended.

administrative provision—national archives and records administration

Sec. 530.

For an additional amount for “National Historical Publications and Records Commission Grants Program”, $38,414,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading “Administrative Provisions—National Archives and Records Administration” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): 138 STAT. 559

Provided, That none of the funds made available by this section may be transferred for any other purpose.

National Credit Union Administration

community development revolving loan fund

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822, and 9910, $3,465,000 shall be available until September 30, 2025, for technical assistance to low-income designated credit unions.

Office of Government Ethics

salaries and expenses

For necessary expenses to carry out functions of the Office of Government Ethics pursuant to chapter 131 of title 5, United States Code, the Ethics Reform Act of 1989, and the Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $23,037,000.

Office of Personnel Management

salaries and expenses

(including transfers of trust funds)

For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $219,076,000:

Provided, That of the total amount made available under this heading, $15,816,000 may remain available until expended, for information technology modernization and Trust Fund Federal Financial System migration or modernization, and shall be in addition to funds otherwise made available for such purposes:

Provided further, That of the total amount made available under this heading, $1,167,805 may be made available for strengthening the capacity and capabilities of the acquisition workforce (as defined by the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the recruitment, hiring, training, and retention of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve acquisition management; and in addition $192,975,000 for administrative expenses, to be transferred from the appropriate trust funds 138 STAT. 560 of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs:

Provided further, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code:

Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose:

Provided further, That the President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2024, accept donations of money, property, and personal services:

Provided further, That

Donations.

such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission:

Provided further, That not to exceed 5 percent of amounts made available under this heading may be transferred to an information technology working capital fund established for purposes authorized by subtitle G of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 40 U.S.C. 11301 note):

Provided further,

Notification.

Approval.

Time period.

That the OPM Director shall notify, and receive approval from, the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer under the preceding proviso:

Provided further, That amounts transferred to such a fund under such transfer authority from any organizational category of OPM shall not exceed 5 percent of each such organizational category’s budget as identified in the report required by section 608 of this Act:

Provided further, That amounts transferred to such a fund shall remain available for obligation through September 30, 2027.

office of inspector general

salaries and expenses

(including transfer of trust funds)

For necessary expenses of the Office of Inspector General in carrying out the provisions of chapter 4 of title 5, United States Code, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $6,839,000, and in addition, not to exceed $29,192,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General:

Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.

Office of Special Counsel

salaries and expenses

For necessary expenses to carry out functions of the Office of Special Counsel, including services as authorized by 5 U.S.C. 138 STAT. 561 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles, $31,585,000.

Privacy and Civil Liberties Oversight Board

salaries and expenses

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $13,700,000, to remain available until September 30, 2025.

Public Buildings Reform Board

salaries and expenses

For salaries and expenses of the Public Buildings Reform Board in carrying out the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287), $3,960,000, to remain available until expended.

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $2,149,000,000, to remain available until expended; of which not less than $20,050,000 shall be for the Office of Inspector General; of which not to exceed $275,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence.

In addition to the foregoing appropriation, for move, replication, and related costs associated with a replacement leases for the Commission’s office facilities, not to exceed $39,658,000, to remain available until expended:

Provided, That any unobligated balances from funds made available under this heading in prior Acts for replacement leases for the Commission’s headquarters and other regional office facilities may be used for such purposes at any Commission office facility, notwithstanding provisos in such Acts limiting use to particular office facilities, and notwithstanding provisos in such Acts requiring that de-obligated amounts derived from the general fund be returned to the general fund or that de-obligated amounts derived from fees or assessments be paid to national securities exchanges and national securities associations in proportion to any fees or assessments paid by such national securities exchange or national securities association.

138 STAT. 562

For purposes of calculating the fee rate under section 31(j) of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year 2024, all amounts appropriated under this heading shall be deemed to be the regular appropriation to the Commission for fiscal year 2024:

Provided, That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this account as offsetting collections:

Provided further, That not to exceed $2,149,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account; not to exceed $39,658,000 of such offsetting collections shall be available until expended for move, replication, and related costs under this heading associated with a replacement leases for the Commission’s office facilities:

Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2024 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2024 appropriation from the general fund estimated at not more than $0.

Selective Service System

salaries and expenses

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $31,300,000:

Provided,

President.

That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense:

Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States.

Small Business Administration

salaries and expenses

For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $361,235,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities:

Provided, That the

Fees.

Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act:

Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations:

Provided further, That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108–447, during fiscal year 2024:

Provided further, That $6,100,000 138 STAT. 563 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2025:

Provided further, That $20,500,000 shall be available for costs associated with the certification of small business concerns owned and controlled by veterans or service-disabled veterans under sections 36A and 36 of the Small Business Act (15 U.S.C. 657f–1; 657f), respectively, and section 862 of Public Law 116–283, to be available until September 30, 2025.

entrepreneurial development programs

For necessary expenses of programs supporting entrepreneurial and small business development, $316,800,000, to remain available until September 30, 2025:

Provided, That $140,000,000 shall be available to fund grants for performance in fiscal year 2024 or fiscal year 2025 as authorized by section 21 of the Small Business Act:

Provided further, That $41,000,000 shall be for marketing, management, and technical assistance under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan program:

Provided further, That $20,000,000 shall be available for grants to States to carry out export programs that assist small business concerns authorized under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of chapter 4 of title 5, United States Code, $37,020,000.

office of advocacy

For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), $10,109,000, to remain available until expended.

business loans program account

(including transfer of funds)

For the cost of direct loans, $6,000,000, to remain available until expended:

Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2024 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 and commitments for loans authorized under subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate, $16,500,000,000:

Provided further, That during fiscal year 2024 commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act shall not exceed $35,000,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans:

Provided further, That during fiscal year 2024 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment 138 STAT. 564 Act of 1958 shall not exceed $6,000,000,000:

Provided further, That during fiscal year 2024, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $15,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $162,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses.

disaster loans program account

(including transfers of funds)

For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $175,000,000, to be available until expended, of which $1,600,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $165,000,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $8,400,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses:

Provided, That, of the funds provided under this heading, $143,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)):

Provided further, That the amount for major disasters under this heading is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended.

administrative provisions—small business administration

(including transfers of funds)

Sec. 540.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers:

Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

Sec. 541.

Advance approval.

Not to exceed 3 percent of any appropriation made available in this Act for the Small Business Administration under the headings “Salaries and Expenses” and “Business Loans Program Account” may be transferred to the Administration’s information technology system modernization and working capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of the National Defense Authorization Act for Fiscal Year 2018, for the purposes specified in section 1077(b)(3) of such Act, upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided, That amounts 138 STAT. 565 transferred to the IT WCF under this section shall remain available for obligation through September 30, 2027.

Sec. 542.

For an additional amount for “Small Business Administration—Salaries and Expenses”, $116,541,000, which shall be for initiatives related to small business development and entrepreneurship, including programmatic, construction, and acquisition activities, in the amounts and for the projects specified in the table that appears under the heading “Administrative Provisions—Small Business Administration” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That, notwithstanding sections 2701.92 and 2701.93 of title 2, Code of Federal Regulations, the Administrator of the Small Business Administration may permit awards to subrecipients for initiatives funded under this section:

Provided further, That none of the funds made available by this section may be transferred for any other purpose.

United States Postal Service

payment to the postal service fund

For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $49,750,000:

Provided,

Mail.

That mail for overseas voting and mail for the blind shall continue to be free:

Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer:

Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices:

Provided further, That the Postal Service may not destroy, and shall continue to offer for sale, any copies of the Multinational Species Conservation Funds Semipostal Stamp, as authorized under the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 (Public Law 111–241).

office of inspector general

salaries and expenses

(including transfer of funds)

For necessary expenses of the Office of Inspector General in carrying out the provisions of chapter 4 of title 5, United States Code, $268,290,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act (Public Law 109–435).138 STAT. 566

United States Tax Court

salaries and expenses

For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for official reception and representation expenses, $56,727,000, of which $1,000,000 shall remain available until expended:

Provided, That travel

Certificate.

expenses of the judges shall be paid upon the written certificate of the judge.

TITLE VI

GENERAL PROVISIONS—THIS ACT

(including rescissions of funds)

Sec. 601.

None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

Sec. 602.

None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, except for transfers made pursuant to the authority in section 3173(d) of title 40, United States Code, unless expressly so provided herein.

Sec. 603.

Contracts.

The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

Sec. 604.

None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

Sec. 605.

None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).

Sec. 606.

Compliance.

No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 of title 41, United States Code.

Sec. 607.

No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 of title 41, United States Code.

Sec. 608.

Advance approval.

Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall 138 STAT. 567 be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate:

Provided,

Consultation.

That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate:

Provided further,

Reports.

That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year:

Provided

Applicability.

further, That at a minimum the report shall include: (1) a table for each appropriation, detailing both full-time employee equivalents and budget authority, with separate columns to display the prior year enacted level, the President’s budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, in the accompanying report, or in the budget appendix for the respective appropriation, whichever is more detailed, and which shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided, as well as to discretionary grants and discretionary grant allocations; and (3) an identification of items of special congressional interest:

Provided further,

Penalties.

That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress.

Sec. 609.

Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024 from appropriations made available for salaries and expenses for fiscal year 2024 in this Act, shall remain available through September 30, 2025, for each such account for the purposes authorized:

Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds:

Provided further, That these requests shall be made in compliance with reprogramming guidelines.

Sec. 610.

Background investigation.

(a)

None of the funds made available in this Act may be used by the Executive Office of the President to request—

(1)

any official background investigation report on any individual from the Federal Bureau of Investigation; or138 STAT. 568

(2)

Determination.

Tax exemption.

a determination with respect to the treatment of an organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code from the Department of the Treasury or the Internal Revenue Service.

(b)

Subsection (a) shall not apply—

(1)

Deadline.

in the case of an official background investigation report, if such individual has given express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or

(2)

if such request is required due to extraordinary circumstances involving national security.

Sec. 611.

The cost accounting standards promulgated under chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code.

Sec. 612.

For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval.

Sec. 613.

Abortion.

No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions.

Sec. 614.

The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.

Sec. 615.

In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code).

Sec. 616.

Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

Sec. 617.

Contracts.

Consultation.

(a)

(1)

Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must 138 STAT. 569 consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor.

(2)

President.

Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency.

(b)

Definition.

For purposes of this section, the term “

Executive agency covered by this Act

” means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service.

Sec. 618.

(a)

There are appropriated for the following activities the amounts required under current law:

(1)

Compensation of the President (3 U.S.C. 102).

(2)

Payments to—

(A)

the Judicial Officers’ Retirement Fund (28 U.S.C. 377(o));

(B)

the Judicial Survivors’ Annuities Fund (28 U.S.C. 376(c)); and

(C)

the United States Court of Federal Claims Judges’ Retirement Fund (28 U.S.C. 178(l)).

(3)

Payment of Government contributions—

(A)

with respect to the health benefits of retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849); and

(B)

with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87).

(4)

Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund (5 U.S.C. 8348).

(5)

Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 of title 5, United States Code.

(b)

Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act.

Sec. 619.

Reports.

Compliance.

None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled “Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts” unless the Interagency Working Group on Food Marketed to Children complies with Executive Order No. 13563.

Sec. 620.

(a)

The head of each executive branch agency funded by this Act shall ensure that the Chief Information Officer of the agency has the authority to participate in decisions regarding the budget planning process related to information technology.

(b)

Allocation.

Amounts appropriated for any executive branch agency funded by this Act that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as specified by, or approved by, the Chief Information 138 STAT. 570 Officer of the agency in consultation with the Chief Financial Officer of the agency and budget officials.

Sec. 621.

None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code.

Sec. 622.

None of the funds made available in this Act may be used by a governmental entity to require the disclosure by a provider of electronic communication service to the public or remote computing service of the contents of a wire or electronic communication that is in electronic storage with the provider (as such terms are defined in sections 2510 and 2711 of title 18, United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.

Sec. 623.

Records.

No funds provided in this Act shall be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under chapter 4 of title 5, United State Code, or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General’s right of access. A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner.

Compliance.

Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under chapter 4 of title 5, United State Code.

Reports.

Compliance.

Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement.

Sec. 624.

Communications

and telecommun-

ications.

None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change the rules or regulations of the Commission for universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal Regulations, as in effect on July 15, 2015:

Provided, That this section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative to Mobility Fund Phase II:

Provided further, That any such alternative mechanism shall maintain existing high-cost support to competitive eligible telecommunications carriers until support under such mechanism commences.

Sec. 625.

Pornography.

(a)

None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b)

Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity.

Sec. 626.

Contracts.

Determination.

None of the funds appropriated or other-wise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below 138 STAT. 571 satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program and unless such awards or incentive fees are consistent with section 16.401(e)(2) of the Federal Acquisition Regulation.

Sec. 627.

Conference attendees.

Determinations.

Notifications.

(a)

None of the funds made available under this Act may be used to pay for travel and conference activities that result in a total cost to an Executive branch department, agency, board or commission funded by this Act of more than $500,000 at any single conference unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination.

(b)

None of the funds made available under this Act may be used to pay for the travel to or attendance of more than 50 employees, who are stationed in the United States, at any single conference occurring outside the United States unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination.

Sec. 628.

None of the funds made available by this Act may be used for first-class or business-class travel by the employees of executive branch agencies funded by this Act in contravention of sections 301–10.122 through 301–10.125 of title 41, Code of Federal Regulations.

Sec. 629.

In addition to any amounts appropriated or otherwise made available for expenses related to enhancements to www.oversight.gov and to further develop the data analytics capabilities of the Pandemic Response Accountability Committee to enhance transparency, and to prevent, detect, and remediate waste, fraud and abuse in Federal spending, $2,850,000, to remain available until expended, of which $850,000 is for enhancements to oversight.gov, shall be provided for an additional amount for such purposes to the Inspectors General Council Fund established pursuant to section 11(c)(3)(B) of chapter 4 of title 5, United States Code:

Provided, That these amounts shall be in addition to any amounts or any authority available to the Council of the Inspectors General on Integrity and Efficiency under section 424 of title 5, United States Code.

Sec. 630.

Notifications.

None of the funds made available by this Act may be obligated on contracts in excess of $5,000 for public relations, as that term is defined in Office and Management and Budget Circular A–87 (revised May 10, 2004), unless advance notice of such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 631.

Requirement.

Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency.138 STAT. 572

Sec. 632.

Requirement.

When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, shall clearly state—

(1)

the percentage of the total costs of the program or project which will be financed with Federal money;

(2)

the dollar amount of Federal funds for the project or program; and

(3)

percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

Sec. 633.

None of the funds made available by this Act shall be used by the Securities and Exchange Commission to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.

Sec. 634.

Reports.

Not later than 45 days after the last day of each quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget report that includes total obligations of the Agency for that quarter for each appropriation, by the source year of the appropriation.

Sec. 635.

Deadline.

Of the unobligated balances available in the Department of the Treasury, Treasury Forfeiture Fund, established by section 9703 of title 31, United States Code, $387,500,000 shall be permanently rescinded not later than September 30, 2024.

Sec. 636.

Of the unobligated balances of amounts made available under section 4010 of the American Rescue Plan Act of 2021 (Public Law 117–2), $10,000,000 are hereby rescinded.

Sec. 637.

Of the unobligated balances of amounts made available under section 4011 of the American Rescue Plan Act of 2021 (Public Law 117–2), $100,000,000 are hereby rescinded.

Sec. 638.

Deadline.

Of the unobligated balances of amounts made available under section 3301(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117–2), $283,000,000 are hereby rescinded not later than September 30, 2024.

Sec. 639.

Deadline.

Of the unobligated balances of amounts made available under section 7402(c)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117–2), $1,768,000,000 are hereby rescinded not later than September 30, 2024.

Sec. 640.

Of the unobligated balances of amounts made available under section 10301(1)(A)(ii) of the Act to provide for reconciliation pursuant to title II of S. Con. Res.14 (Public Law 117–169, commonly referred to as the “Inflation Reduction Act”), $10,200,000,000 are hereby rescinded.

TITLE VII

GENERAL PROVISIONS—GOVERNMENT-WIDE

Departments, Agencies, and Corporations

(including transfers of funds)

Sec. 701.

Drug-free workplace.

No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2024 shall obligate or expend any such funds, 138 STAT. 573 unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of such department, agency, or instrumentality.

Sec. 702.

31 USC 1343 note.

Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, vans, law enforcement vehicles, protective vehicles, undercover surveillance vehicles, and police-type vehicles), is hereby fixed at $40,000 except station wagons for which the maximum shall be $41,140:

Provided, That these limits may be exceeded by not to exceed $7,775 for police-type vehicles:

Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976:

Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles:

Provided further, That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on alternative fuel, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles.

Sec. 703.

Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924.

Sec. 704.

5 USC 3101 note.

Unless otherwise specified in law during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States:

Provided,

Affidavits.

Compliance.

That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with:

Provided further,

Affidavits.

That for purposes of paragraphs (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary:

Provided further,

Penalties.

That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both:

Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other 138 STAT. 574 provisions of existing law:

Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government:

Provided further, That

Time period.

this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies:

Provided

Time period.

further, That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country.

Sec. 705.

Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law.

Sec. 706.

In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes:

(1)

Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 14057 (December 8, 2021), including any such programs adopted prior to the effective date of the Executive order.

(2)

Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs.

(3)

Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency.

Sec. 707.

Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available:

Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.

Sec. 708.

No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality.138 STAT. 575

Sec. 709.

None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States.

Sec. 710.

Notifications.

During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For

Definition.

the purposes of this section, the term “

office

” shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual.

Sec. 711.

Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 13618 (July 6, 2012).

Sec. 712.

Certification.

(a)

None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily in order to detail the individual to the White House.

(b)

The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).

Sec. 713.

No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who—

(1)

prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or138 STAT. 576

(2)

removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1).

Sec. 714.

(a)

None of the funds made available in this or any other Act may be obligated or expended for any employee training that—

(1)

does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties;

(2)

contains elements likely to induce high levels of emotional response or psychological stress in some participants;

(3)

does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation;

(4)

contains any methods or content associated with religious or quasi-religious belief systems or “new age” belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or

(5)

is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace.

(b)

Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties.

Sec. 715.

Propaganda.

Lobbying.

No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.

Sec. 716.

None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee’s home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction.

Sec. 717.

None of the funds made available in this or any other Act may be used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 718.

Propaganda.

No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress.

Sec. 719.

Definition.

(a)

In this section, the term “

agency

”—

(1)

means an Executive agency, as defined under 5 U.S.C. 105; and138 STAT. 577

(2)

includes a military department, as defined under section 102 of such title and the United States Postal Service.

(b)

Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties.

Sec. 720.

Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs.

Sec. 721.

Reimbursement.

Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse “General Services Administration, Government-wide Policy” with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts:

Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, including improving coordination and reducing duplication, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups designated by the Director (including the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for performance improvement initiatives):

Provided further, That the total funds transferred or reimbursed shall not exceed $15,000,000 to improve coordination, reduce duplication, and for other activities related to Federal Government Priority Goals established by 31 U.S.C. 1120, and not to exceed $17,000,000 for Government-wide innovations, initiatives, and activities:

Provided further, That the funds transferred to or for reimbursement of “General Services Administration, Government-Wide Policy” during fiscal year 2024 shall remain available for obligation through September 30, 2025:

Provided further, That

Deadline.

Spend plan.

not later than 90 days after enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a detailed spend plan for the funds to be transferred or reimbursed:

Provided further,

Spend plan.

That the spend plan shall, at a minimum, include: (i) the amounts currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year 2024; (ii) a detailed breakdown of the purposes for 138 STAT. 578 all funds estimated to be transferred or reimbursed pursuant to this section (including total number of personnel and costs for all staff whose salaries are provided for by this section); (iii) where applicable, a description of the funds intended for use by or for the benefit of each executive council; and (iv) where applicable, a description of the funds intended for use by or for the implementation of specific laws passed by Congress:

Provided further,

Time period.

Notifications.

That no transfers or reimbursements may be made pursuant to this section until 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget.

Sec. 722.

Breastfeeding.

Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location.

Sec. 723.

Notwithstanding 31 U.S.C. 1346, or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities:

Provided, That

Reports.

the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Science, Space, and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act.

Sec. 724.

Compliance.

Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall comply with any relevant requirements in part 200 of title 2, Code of Federal Regulations:

Provided,

Applicability.

That this section shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds.

Sec. 725.

(a)

Prohibition of Federal Agency Monitoring of Individuals’ Internet Use.—

None of the funds made available in this or any other Act may be used by any Federal agency—

(1)

to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any Federal Government Internet site of the agency; or

(2)

to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual’s access to or use of any nongovernmental Internet site.

(b)

Exceptions.—

The limitations established in subsection (a) shall not apply to—

(1)

any record of aggregate data that does not identify particular persons;

(2)

any voluntary submission of personally identifiable information;

(3)

any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or138 STAT. 579

(4)

any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site.

(c)

Definitions.—

For the purposes of this section:

(1)

The term “

regulatory

” means agency actions to implement, interpret or enforce authorities provided in law.

(2)

The term “

supervisory

” means examinations of the agency’s supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law.

Sec. 726.

Contracts.

Drugs and drug abuse.

Contraceptives.

(a)

None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage.

(b)

Religion.

Nothing in this section shall apply to a contract with—

(1)

any of the following religious plans:

(A)

Personal Care’s HMO; and

(B)

OSF HealthPlans, Inc.; and

(2)

any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs.

(c)

In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual’s religious beliefs or moral convictions.

(d)

Abortion.

Nothing in this section shall be construed to require coverage of abortion or abortion-related services.

Sec. 727.

Anti-doping.

The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities.

Sec. 728.

Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program.

Sec. 729.

Notwithstanding any other provision of law, none of the funds appropriated or made available under this or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch).

Sec. 730.

Contracts.

Advance approval.

Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations 138 STAT. 580 of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Centers facilities.

Sec. 731.

News stories.

Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.

Sec. 732.

None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section.

Sec. 733.

Contracts.

(a)

In General.—

None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.

(b)

Waivers.—

(1)

Determination.
In general.—

Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security.

(2)

Report to congress.—

Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress.

(c)

Exception.—

This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract.

Sec. 734.

During fiscal year 2024, for each employee who—

(1)

retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or

(2)

retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management’s average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code.

Sec. 735.

Contracts.

(a)

None of the funds made available in this or any other Act may be used to recommend or require any entity submitting an offer for a Federal contract to disclose any of the following information as a condition of submitting the offer:

(1)

Any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office.138 STAT. 581

(2)

Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1).

(b)

Definitions.

In this section, each of the terms “contribution”, “expenditure”, “independent expenditure”, “electioneering communication”, “candidate”, “election”, and “Federal office” has the meaning given such term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).

Sec. 736.

None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch.

Sec. 737.

5 USC 5343 note.

(a)

(1)

Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2024, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code—

(A)

during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2024, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and

(B)

during the period consisting of the remainder of fiscal year 2024, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of—

(i)

the percentage adjustment taking effect in fiscal year 2024 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and

(ii)

the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2024 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section.

(2)

Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee.

(3)

Determination.

Regulations.

For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2023, shall be determined under regulations prescribed by the Office of Personnel Management.138 STAT. 582

(4)

Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2023, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection.

(5)

Applicability.

This subsection shall apply with respect to pay for service performed after September 30, 2023.

(6)

For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay.

(7)

Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect.

(8)

Determination.

The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.

(b)

Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2024 under sections 5344 and 5348 of title 5, United States Code, shall be—

(1)

not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code:

Provided, That prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United States Code, shall be considered to be located in the pay locality designated as “Rest of United States” pursuant to section 5304 of title 5, United States Code, for purposes of this subsection; and

(2)

Effective date.

effective as of the first day of the first applicable pay period beginning after September 30, 2023.

Sec. 738.

Reports.

Contracts.

(a)

The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2024 for which the cost to the United States Government was more than $100,000.

(b)

Each report submitted shall include, for each conference described in subsection (a) held during the applicable period—

(1)

a description of its purpose;

(2)

the number of participants attending;

(3)

Statement.

a detailed statement of the costs to the United States Government, including—

(A)

the cost of any food or beverages;

(B)

the cost of any audio-visual services;138 STAT. 583

(C)

the cost of employee or contractor travel to and from the conference; and

(D)

a discussion of the methodology used to determine which costs relate to the conference; and

(4)

a description of the contracting procedures used including—

(A)

whether contracts were awarded on a competitive basis; and

(B)

a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference.

(c)

Deadline.

Time period.

Notification.

Within 15 days after the end of a quarter, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2024 for which the cost to the United States Government was more than $20,000.

(d)

Grants.

Contracts.

A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract.

(e)

None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012 or any subsequent revisions to that memorandum.

Sec. 739.

None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or activity as proposed in the President’s budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations Act.

Sec. 740.

None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled “Competitive Area” published by the Office of Personnel Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.).

Sec. 741.

None of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy.

Sec. 742.

Grants.

Contracts.

Confidentiality agreements.

(a)

None of the funds appropriated or otherwise made available by this or any other Act may be available for a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse 138 STAT. 584 to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b)

The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

Sec. 743.

Nondisclosure agreements.

(a)

No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: “These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.”:

Provided, That notwithstanding the preceding provision of this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.

(b)

A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into.

(c)

No funds appropriated in this or any other Act may be used to implement or enforce any agreement entered into during fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).

Sec. 744.

Contracts.

Memorandums.

Grants.

Loans.

Corporations.

Tax liability.

Determination.

None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered 138 STAT. 585 suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

Sec. 745.

Contracts.

Memorandums.

Grants.

Loans.

Corporations.

Criminal violations.

Time period.

Determination.

None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.

Sec. 746.

Notification.

(a)

During fiscal year 2024, on the date on which a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203, the Bureau of Consumer Financial Protection shall notify the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate of such request.

(b)

Notification.

Public information.

Web posting.

Any notification required by this section shall be made available on the Bureau’s public website.

Sec. 747.

5 USC 5303 note.

(a)

Notwithstanding any official rate adjusted under section 104 of title 3, United States Code, the rate payable to the Vice President during calendar year 2024 shall be the rate payable to the Vice President on December 31, 2023, by operation of section 747 of division E of Public Law 117–328.

(b)

Notwithstanding any official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law, the payable rate during calendar year 2024 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be the rate payable for the applicable Executive Schedule level on December 31, 2023, by operation of section 747 of division E of Public Law 117–328. Such an employee may not receive a rate increase during calendar year 2024, except as provided in subsection (i).

(c)

Notwithstanding section 401 of the Foreign Service Act of 1980 (Public Law 96–465) or any other provision of law, a chief of mission or ambassador at large is subject to subsection (b) in the same manner as other employees who are paid at an Executive Schedule rate.

(d)

(1)

Applicability.

This subsection applies to—

(A)

a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or

(B)

a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule.

(2)

Notwithstanding sections 5382 and 5383 of title 5, United States Code, an employee described in paragraph (1) may not receive a pay rate increase during calendar year 2024, except as provided in subsection (i).

(e)

Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality based payments 138 STAT. 586 under section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase during calendar year 2024, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States Code, applied to them.

(f)

Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law.

(g)

This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under section 3392(c) of title 5, United States Code, for such time as that election is in effect.

(h)

This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 (Public Law 96–465) for such time as that election is in effect.

(i)

Effective date.

Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2023, by operation of section 747 of division E of Public Law 117–328.

(j)

Effective date.

Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2023, by operation of section 747 of division E of Public Law 117–328.

(k)

Applicability.

If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2024 but ends in calendar year 2025, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period.

(l)

Definition.

For the purpose of this section, the term “

covered position

” means a position occupied by an employee whose pay is restricted under this section.

(m)

Effective date.

This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2024.

Sec. 748.

President.

Reports.

Statement.

In the event of a violation of the Impoundment Control Act of 1974, the President or the head of the relevant department or agency, as the case may be, shall report immediately to the Congress all relevant facts and a statement of actions taken:

Provided,

Records.

That a copy of each report shall also be transmitted to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General on the same date the report is transmitted to the Congress.

Sec. 749.

Notifications.

Apportionments.

(a)

Each department or agency of the executive branch of the United States Government shall notify the Committees on Appropriations and the Budget of the House of Representatives 138 STAT. 587 and the Senate and any other appropriate congressional committees if—

(1)

an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code;

(2)

an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or

(3)

an approved apportionment received by the department or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by such department or agency.

(b)

Any notification submitted to a congressional committee pursuant to this section shall contain information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account.

Sec. 750.

(a)

Any non-Federal entity receiving funds provided in this or any other appropriations Act for fiscal year 2024 that are specified in the disclosure table submitted in compliance with clause 9 of rule XXI of the Rules of the House of Representatives or Rule XLIV of the Standing Rules of the Senate that is included in the report or explanatory statement accompanying any such Act shall be deemed to be a recipient of a Federal award with respect to such funds for purposes of the requirements of 2 CFR 200.334, regarding records retention, and 2 CFR 200.337, regarding access by the Comptroller General of the United States.

(b)

Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any requirements otherwise applicable to non-Federal entities described in paragraph (1) or any existing authority of the Comptroller General.

Sec. 751.

Notwithstanding section 1346 of title 31, United States Code, or section 708 of this Act, funds made available by this or any other Act to any Federal agency may be used by that Federal agency for interagency funding for coordination with, participation in, or recommendations involving, activities of the U.S. Army Medical Research and Development Command, the Congressionally Directed Medical Research Programs and the National Institutes of Health research programs.

Sec. 752.

Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse “General Services Administration, Federal Citizen Services Fund” with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts:

Provided, That these funds, in addition to amounts otherwise available, shall be administered by the Administrator of General Services to carry out the purposes of the Federal Citizen Services Fund and to support Government-wide and other multi-agency financial, information technology, procurement, and other activities, including services authorized by 44 U.S.C. 3604 and enabling Federal agencies to take advantage of information technology in sharing information:

Provided further, That the total funds transferred or reimbursed shall not exceed $29,000,000 for such purposes:

Provided further, That the funds transferred to or for reimbursement of “General Services Administration, Federal Citizen Services Fund” during 138 STAT. 588 fiscal year 2024 shall remain available for obligation through September 30, 2025:

Provided further,

Deadline.

Spend plan.

That not later than 90 days after enactment of this Act, the Administrator of General Services, in consultation with the Director of the Office of Management and Budget, shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan for the funds to be transferred or reimbursed:

Provided further, That the

Spend plan.

spend plan shall, at a minimum, include: (i) the amounts currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year 2024; (ii) a detailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section (including total number of personnel and costs for all staff whose salaries are provided for by this section); and (iii) where applicable, a description of the funds intended for use by or for the implementation of specific laws passed by Congress:

Provided further,

Time period.

Notification.

Sec. 753.

If, for fiscal year 2024, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any category set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 due to estimating differences with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2024 shall be made by the Director of the Office of Management and Budget in the amount of the excess but the total of all such adjustments shall not exceed 0.2 percent of the sum of the adjusted discretionary spending limits for all categories for that fiscal year.

Sec. 754.

Notwithstanding any other provision of law, the unobligated balances of funds made available in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) to any department or agency funded by this or any other Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with activities and projects funded by Public Law 117–58:

Provided, That such transfers shall support activities and projects executed by the department or agency making such transfer:

Provided further, That such transfers shall be approved by the head of such department or agency making such transfer:

Provided further, That

Notification.

Deadline.

each department or agency shall provide notification to the Committees on Appropriations of the House of Representatives and the Senate no less than 30 days prior to such transfer:

Provided further, That any such transfers from the Department of Transportation, including from agencies within the Department of Transportation, shall be from funding provided for personnel, contracting, and other costs to administer and oversee grants:

Provided further, That amounts transferred pursuant to this section shall be in addition to amounts otherwise available for such purposes:

Provided further, That the transfer authority provided in this section shall be in addition to any other transfer authority provided by law:

Provided further, That amounts transferred pursuant to this section that were previously designated 138 STAT. 589 by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.

Sec. 755.

Except as expressly provided otherwise, any reference to “this Act” contained in any title other than title IV or VIII shall not apply to such title IV or VIII.

TITLE VIII

GENERAL PROVISIONS—DISTRICT OF COLUMBIA

(including transfers of funds)

Sec. 801.

There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.

Sec. 802.

Propaganda.

Lobbying.

None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.

Sec. 803.

(a)

None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—

(1)

creates new programs;

(2)

eliminates a program, project, or responsibility center;

(3)

establishes or changes allocations specifically denied, limited or increased under this Act;

(4)

increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;

(5)

re-establishes any program or project previously deferred through reprogramming;

(6)

augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or

(7)

Advance approval.

increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.

(b)

Time period.

The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2024.

Sec. 804.

None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District 138 STAT. 590 of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123).

Sec. 805.

Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties.

Definition.

For purposes of this section, the term “

official duties

” does not include travel between the officer’s or employee’s residence and workplace, except in the case of—

(1)

an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department;

(2)

at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day;

(3)

at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day;

(4)

at the discretion of the Chief Medical Examiner, an officer or employee of the Office of the Chief Medical Examiner who resides in the District of Columbia and is on call 24 hours a day;

(5)

at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and is on call 24 hours a day;

(6)

the Mayor of the District of Columbia; and

(7)

the Chairman of the Council of the District of Columbia.

Sec. 806.

Voting rights.

(a)

None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.

(b)

Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

Sec. 807.

Needle distribution.

None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.

Sec. 808.

Contraceptives.

Conscience exception.

Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a “conscience clause” which provides exceptions for religious beliefs and moral convictions.

Sec. 809.

Penalties.

Drugs and drug abuse.

(a)

None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the 138 STAT. 591 Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

(b)

No funds available for obligation or expenditure by the District of Columbia government under any authority may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.

Sec. 810.

Abortion.

No funds available for obligation or expenditure by the District of Columbia government under any authority shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.

Sec. 811.

Deadline.

Operating budget.

(a)

No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2024 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures.

(b)

Applicability.

Certification.

This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.

Sec. 812.

Deadline.

Operating budget.

No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42).

Sec. 813.

(a)

Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia’s enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act.

(b)

The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.

(c)

The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

Sec. 814.

None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.138 STAT. 592

Sec. 815.

Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2024 in this Act, shall remain available through September 30, 2025, for each such account for the purposes authorized:

Provided,

Advance approval.

That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds:

Provided further, That

Compliance.

these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.

Sec. 816.

Time period.

(a)

(1)

During fiscal year 2025, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Act referred to in paragraph (2) (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act.

(2)

The Act referred to in this paragraph is the Act of the Council of the District of Columbia pursuant to which a proposed budget is approved for fiscal year 2025 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute the local portion of the annual budget for the District of Columbia government for fiscal year 2025 for purposes of section 446 of the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official Code).

(b)

Termination.

Appropriations made by subsection (a) shall cease to be available—

(1)

during any period in which a District of Columbia continuing resolution for fiscal year 2025 is in effect; or

(2)

upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2025.

(c)

An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act.

(d)

Applicability.

An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2025 for which this section applies to such project or activity.

(e)

This section shall not apply to a project or activity during any period of fiscal year 2025 if any other provision of law (other than an authorization of appropriations)—

(1)

makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or

(2)

specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period.

(f)

Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law.

Sec. 817.

Virginia.

(a)

Section 244 of the Revised Statutes of the United States relating to the District of Columbia (sec. 9–1201.03, D.C. 138 STAT. 593 Official Code) does not apply with respect to any railroads installed pursuant to the Long Bridge Project.

(b)

Definition.

In this section, the term “

Long Bridge Project

” means the project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to the existing Long Bridge over the Potomac River, including related infrastructure and other related projects, to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the Potomac River.

Sec. 818.

Time period.

Reports.

Not later than 45 days after the last day of each quarter, each Federal and District government agency appropriated Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget report that includes total obligations of the Agency for that quarter for each Federal funds appropriation provided in this Act, by the source year of the appropriation.

Sec. 819.

Except as expressly provided otherwise, any reference to “this Act” contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.

This division may be cited as the “

Financial Services and General Government Appropriations Act, 2024

”.

DIVISION C—

Department of Homeland Security Appropriations Act, 2024.

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2024

TITLE I

DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT

Office of the Secretary and Executive Management

operations and support

For necessary expenses of the Office of the Secretary and for executive management for operations and support, $363,582,000, of which $22,050,000 shall remain available until September 30, 2025:

Provided,

Submission.

Time period.

That $5,000,000 shall be withheld from obligation until the Secretary submits, to the Committees on Appropriations of the House of Representatives and the Senate, responses to all questions for the record for each hearing on the fiscal year 2025 budget submission for the Department of Homeland Security held by such Committees prior to July 1:

Provided further, That not to exceed $30,000 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Office of the Secretary and for executive management for procurement, construction, and improvements, $8,113,000, to remain available until September 30, 2026.138 STAT. 594

federal assistance

(including transfer of funds)

For necessary expenses of the Office of the Secretary and for executive management for Federal assistance through grants, contracts, cooperative agreements, and other activities, $33,000,000, which shall be transferred to “Federal Emergency Management Agency—Federal Assistance”, of which $18,000,000 shall be for targeted violence and terrorism prevention grants and of which $15,000,000, to remain available until September 30, 2025, shall be for the Alternatives to Detention Case Management pilot program.

Management Directorate

operations and support

For necessary expenses of the Management Directorate for operations and support, including vehicle fleet modernization, $1,722,204,000:

Provided, That not to exceed $2,000 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Management Directorate for procurement, construction, and improvements, $260,433,000, of which $87,670,000 shall remain available until September 30, 2026, and of which $172,763,000 shall remain available until September 30, 2028.

federal protective service

The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service.

Intelligence, Analysis, and Situational Awareness

operations and support

For necessary expenses of the Office of Intelligence and Analysis and the Office of Homeland Security Situational Awareness for operations and support, $345,410,000, of which $105,701,000 shall remain available until September 30, 2025:

Provided, That not to exceed $3,825 shall be for official reception and representation expenses and not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings.

Office of Inspector General

operations and support

For necessary expenses of the Office of Inspector General for operations and support, $220,127,000:

Provided, That not to exceed $300,000 may be used for certain confidential operational expenses, 138 STAT. 595 including the payment of informants, to be expended at the direction of the Inspector General.

Administrative Provisions

Sec. 101.

Reports.

Grants.

Contracts.

Time period.

(a)

The Secretary of Homeland Security shall submit a report not later than October 15, 2024, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2023 or 2024.

(b)

Review.

Assessment.

Compliance.

The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the House of Representatives and the Senate not later than February 15, 2025.

Sec. 102.

Budget.

Reports.

Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation.

Sec. 103.

Notifications.

(a)

The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the House of Representatives and the Senate of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security.

(b)

None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the House of Representatives and the Senate are notified of the proposed transfer.

Sec. 104.

All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary.

Sec. 105.

Briefing.

Deadline.

Time period.

(a)

The Under Secretary for Management shall brief the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisition Oversight list between Acquisition Decision Event and Full Operational Capability, including programs that have been removed from such list during the preceding quarter.

(b)

For each such program, the briefing described in subsection (a) shall include—

(1)

a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition;

(2)

the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline;

(3)

the Acquisition Review Board status, including—

(A)

the current acquisition phase by increment, as applicable;138 STAT. 596

(B)

the date of the most recent review; and

(C)

whether the program has been paused or is in breach status;

(4)

a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the program’s current such thresholds and objectives, if applicable;

(5)

Cost estimate.

the lifecycle cost estimate, adjusted for comparison to the Future Years Homeland Security Program, including—

(A)

the confidence level for the estimate;

(B)

Time period.

the fiscal years included in the estimate;

(C)

Time period.

a breakout of the estimate for the prior five years, the current year, and the budget year;

(D)

a breakout of the estimate by appropriation account or other funding source; and

(E)

a description of and rationale for any changes to the estimate as compared to the previously approved baseline, as applicable, and during the prior fiscal year;

(6)

Summary.

a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed;

(7)

a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year;

(8)

List.

Contracts.

a listing of prime contractors and major subcontractors; and

(9)

narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated.

(c)

Memorandums.

Deadline.

The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the House of Representatives and the Senate not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary.

Sec. 106.

(a)

None of the funds made available to the Department of Homeland Security in this Act or prior appropriations Acts may be obligated for any new pilot or demonstration unless the component or office carrying out such pilot or demonstration has documented the information described in subsection (c).

(b)

Reports.

Prior to the obligation of any such funds made available for “Operations and Support” for a new pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate on the information described in subsection (c).

(c)

The information required under subsections (a) and (b) for a pilot or demonstration shall include the following—

(1)

documented objectives that are well-defined and measurable;

(2)

Assessment.

Data.

an assessment methodology that details—

(A)

the type and source of assessment data;

(B)

the methods for, and frequency of, collecting such data; and

(C)

how such data will be analyzed; and138 STAT. 597

(3)

Implementation plan.

Cost estimates.

an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected end date.

(d)

Reports.

Not later than 90 days after the date of completion of a pilot or demonstration described in subsection (e), the Under Secretary for Management shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate detailing lessons learned, actual costs, any planned expansion or continuation of the pilot or demonstration, and any planned transition of such pilot or demonstration into an enduring program or operation.

(e)

For the purposes of this section, a pilot or demonstration program is a study, demonstration, experimental program, or trial that—

(1)

is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger scale effort; and

(2)

uses more than 10 full-time equivalents or obligates, or proposes to obligate, $5,000,000 or more, but does not include congressionally directed programs or enhancements and does not include programs that were in operation as of the date of the enactment of this Act.

(f)

For the purposes of this section, a pilot or demonstration does not include any testing, evaluation, or initial deployment phase executed under a procurement contract for the acquisition of information technology services or systems, or any pilot or demonstration carried out by a non-Federal recipient under any financial assistance agreement funded by the Department.

TITLE II

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection

operations and support

(including transfers of funds)

For necessary expenses of U.S. Customs and Border Protection for operations and support, including the transportation of unaccompanied alien minors; the provision of air and marine support to Federal, State, local, and international agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the purchase, maintenance, or operation of marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $18,426,870,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 138 STAT. 598 $500,000,000 shall be available until September 30, 2025; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:

Provided, That not to exceed $34,425 shall be for official reception and representation expenses:

Provided further, That not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations:

Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security:

Provided further, That $650,000,000 shall be transferred to “Federal Emergency Management Agency—Federal Assistance” to support sheltering and related activities provided by non-Federal entities, in support of relieving overcrowding in short-term holding facilities of U.S. Customs and Border Protection, of which not to exceed $9,100,000 shall be for the administrative costs of the Federal Emergency Management Agency:

Provided further, That not to exceed $2,500,000 may be transferred to the Bureau of Indian Affairs for the maintenance and repair of roads on Native American reservations used by the U.S. Border Patrol.

procurement, construction, and improvements

For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improvements, including procurement of marine vessels, aircraft, and unmanned aerial systems, $850,170,000, of which $758,056,000 shall remain available until September 30, 2026, and of which $92,114,000 shall remain available until September 30, 2028.

U.S. Immigration and Customs Enforcement

operations and support

For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, including the purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $9,501,542,000; of which not less than $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $46,696,000 shall remain available until September 30, 2025; of which not less than $2,000,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which not less than $5,082,218,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied alien minors:

Provided, That not to exceed $41,475 shall be for official reception and representation expenses:

Provided further, That not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081):

Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of 138 STAT. 599 Homeland Security:

Provided further, That not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States.

procurement, construction, and improvements

For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $55,520,000, of which $35,420,000 shall remain available until September 30, 2026, and of which $20,100,000 shall remain available until September 30, 2028.

Transportation Security Administration

operations and support

For necessary expenses of the Transportation Security Administration for operations and support, $10,164,968,000, of which $600,000,000 shall remain available until September 30, 2025:

Provided, That not to exceed $7,650 shall be for official reception and representation expenses:

Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security:

Provided further, That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2024 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $6,744,968,000.

procurement, construction, and improvements

For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, $40,678,000, to remain available until September 30, 2026.

research and development

For necessary expenses of the Transportation Security Administration for research and development, $14,641,000, to remain available until September 30, 2025.

Coast Guard

operations and support

For necessary expenses of the Coast Guard for operations and support including the Coast Guard Reserve; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of not more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase, lease, or improvements of boats necessary for overseas deployments and activities; payments pursuant to section 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $10,054,771,000, of 138 STAT. 600 which $530,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available until September 30, 2026; of which $24,717,000 shall remain available until September 30, 2028, for environmental compliance and restoration; and of which $100,000,000 shall remain available until September 30, 2025, which shall only be available for vessel depot level maintenance:

Provided, That not to exceed $23,000 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Coast Guard for procurement, construction, and improvements, including aids to navigation, shore facilities (including facilities at Department of Defense installations used by the Coast Guard), and vessels and aircraft, including equipment related thereto, $1,413,950,000, to remain available until September 30, 2028; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).

research and development

For necessary expenses of the Coast Guard for research and development; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $7,476,000, to remain available until September 30, 2026, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):

Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation.

retired pay

For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman’s Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, United States Code, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,147,244,000, to remain available until expended.

United States Secret Service

operations and support

For necessary expenses of the United States Secret Service for operations and support, including purchase of not to exceed 652 vehicles for police-type use; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; rental of buildings in the District of Columbia; fencing, lighting, 138 STAT. 601 guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; conduct of and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence and operations; payment in advance for commercial accommodations as may be necessary to perform protective functions; and payment, without regard to section 5702 of title 5, United States Code, of subsistence expenses of employees who are on protective missions, whether at or away from their duty stations; $3,007,982,000; of which $138,383,000 shall remain available until September 30, 2025, and of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children; and of which up to $24,000,000 may be for calendar year 2023 premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a) of title 5, United States Code, pursuant to section 2 of the Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 118–38:

Provided, That not to exceed $19,125 shall be for official reception and representation expenses:

Provided further, That not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in criminal investigations within the jurisdiction of the United States Secret Service.

procurement, construction, and improvements

For necessary expenses of the United States Secret Service for procurement, construction, and improvements, $75,598,000, to remain available until September 30, 2026.

research and development

For necessary expenses of the United States Secret Service for research and development, $4,217,000, to remain available until September 30, 2025.

Administrative Provisions

Sec. 201.

Applicability.

Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115–141), related to overtime compensation limitations, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act, except that “fiscal year 2024” shall be substituted for “fiscal year 2018”.

Sec. 202.

Funding made available under the headings “U.S. Customs and Border Protection—Operations and Support” and “U.S. Customs and Border Protection—Procurement, Construction, and Improvements” shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by sections 740 and 1406i of title 48, United States Code.

Sec. 203.

As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act (Public Law 112–42), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until expended.138 STAT. 602

Sec. 204.

(a)

For an additional amount for “U.S. Customs and Border Protection—Operations and Support”, $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2024 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125), or other such authorizing language.

(b)

To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended.

Sec. 205.

None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act:

Provided, That

Applicability.

Time period.

this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply:

Provided further, That the prescription drug may not be—

(1)

a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or

(2)

a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

Sec. 206.

Consultation.

(a)

Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels.

(b)

Notification.

Deadline.

Waivers.

The Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests.

Sec. 207.

Effective date.

(a)

Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not—

(1)

establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or

(2)

conduct any study relating to the imposition of a border crossing fee.

(b)

Definition.

In this section, the term “

border crossing fee

” means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry.138 STAT. 603

Sec. 208.

Deadline.

Expenditure plan.

(a)

Not later than 90 days after the date of enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit an expenditure plan for any amounts made available for “U.S. Customs and Border Protection—Procurement, Construction, and Improvements” in this Act and prior Acts to the Committees on Appropriations of the House of Representatives and the Senate.

(b)

No such amounts provided in this Act may be obligated prior to the submission of such plan.

Sec. 209.

Applicability.

Section 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260), prohibiting the use of funds for the construction of fencing in certain areas, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act.

Sec. 210.

(a)

Funds made available in this Act may be used to alter operations within the National Targeting Center of U.S. Customs and Border Protection.

(b)

None of the funds provided by this Act, provided by previous appropriations Acts that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, may be used to reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act.

Sec. 211.

Of the total amount made available under “U.S. Customs and Border Protection—Procurement, Construction, and Improvements”, $850,170,000 shall be available only as follows:

(1)

$283,500,000 for the acquisition and deployment of border security technologies;

(2)

$380,900,000 for trade and travel assets and infrastructure;

(3)

$92,114,000 for facility construction and improvements;

(4)

$75,983,000 for integrated operations assets and infrastructure; and

(5)

$17,673,000 for mission support and infrastructure.

Sec. 212.

Determination.

None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.

Sec. 213.

Contracts.

6 USC 211 note.

(a)

None of the funds provided under the heading “U.S. Immigration and Customs Enforcement—Operations and Support” may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than “adequate” or the equivalent median score in any subsequent performance evaluation system.

(b)

The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility.

Sec. 214.

Aliens.

Without regard to the limitation as to time and condition of section 503(d) of this Act, the Secretary may reprogram within and transfer funds to “U.S. Immigration and Customs 138 STAT. 604 Enforcement—Operations and Support” as necessary to ensure the detention of aliens prioritized for removal.

Sec. 215.

Time period.

Applicability.

8 USC 1378a note.

The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260) shall continue to be submitted semimonthly and each matter required to be included in such reports by such section 216 shall apply in the same manner and to the same extent during the period described in such section 216.

Sec. 216.

Applicability.

The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93) shall apply to this Act.

Sec. 217.

Deadline.

Plan.

Not later than 45 days after the date of enactment of this Act, the Chief Financial Officer of U.S. Immigration and Customs Enforcement shall submit to the Committees on Appropriations of the House of Representatives and the Senate an obligation plan for amounts made available in this Act for “U.S. Immigration and Customs Enforcement”, delineated by level II program, project, and activity.

Sec. 218.

(a)

Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening.

(b)

None of the funds made available in this or any other Act, including prior Acts, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act may be used to carry out legislation altering the applicability of the screening requirements outlined in subsection (a).

Sec. 219.

Contracts.

Explosive detection systems.

Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2024, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title.

Sec. 220.

Reports.

Plans.

Not later than 45 days after the submission of the President’s budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Commerce, Science, and Transportation of the Senate a single report that fulfills the following requirements:

(1)

a Capital Investment Plan, both constrained and unconstrained, that includes a plan for continuous and sustained capital investment in new, and the replacement of aged, transportation security equipment;

(2)

Time period.

the 5-year technology investment plan as required by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113–245); and138 STAT. 605

(3)

the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115–283).

Sec. 221.

(a)

None of the funds made available by this Act under the heading “Coast Guard—Operations and Support” shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading “Coast Guard—Operations and Support”.

(b)

To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114.

Sec. 222.

Investment plan.

Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the House of Representatives and the Senate a future-years capital investment plan as described in the second proviso under the heading “Coast Guard—Acquisition, Construction, and Improvements” in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), which shall be subject to the requirements in the third and fourth provisos under such heading.

Sec. 223.

None of the funds in this Act shall be used to reduce the Coast Guard’s legacy Operations Systems Center mission or its government-employed or contract staff levels.

Sec. 224.

None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center.

Sec. 225.

Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after the date of enactment of this Act.

Sec. 226.

Amounts deposited into the Coast Guard Housing Fund in fiscal year 2024 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes.

Sec. 227.

(a)

Notwithstanding section 2110 of title 46, United States Code, none of the funds made available in this Act shall be used to charge a fee for an inspection of a towing vessel, as defined in 46 CFR 136.110, that utilizes the Towing Safety Management System option for a Certificate of Inspection issued under subchapter M of title 46, Code of Federal Regulations.

(b)

Determination.

Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 138 STAT. 606 2018 (Public Law 115–282) and, as necessary based on such determination, carries out the requirements of section 815(b) of such Act.

Sec. 228.

The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading “United States Secret Service—Operations and Support” at the end of the fiscal year.

Sec. 229.

(a)

None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security.

(b)

Contracts.

The Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis.

Sec. 230.

For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within “United States Secret Service—Operations and Support”.

Sec. 231.

Notification.

Time period.

Funding made available in this Act for “United States Secret Service—Operations and Support” is available for travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if the Director of the United States Secret Service or a designee notifies the Committees on Appropriations of the House of Representatives and the Senate 10 or more days in advance, or as early as practicable, prior to such expenditures.

TITLE III

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Cybersecurity and Infrastructure Security Agency

operations and support

For necessary expenses of the Cybersecurity and Infrastructure Security Agency for operations and support, $2,382,814,000, of which $24,424,000 shall remain available until September 30, 2025:

Provided, That not to exceed $3,825 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Cybersecurity and Infrastructure Security Agency for procurement, construction, and improvements, $489,401,000, to remain available until September 30, 2026.

research and development

For necessary expenses of the Cybersecurity and Infrastructure Security Agency for research and development, $793,000, to remain available until September 30, 2025.138 STAT. 607

Federal Emergency Management Agency

operations and support

For necessary expenses of the Federal Emergency Management Agency for operations and support, $1,483,990,000:

Provided, That not to exceed $2,250 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Federal Emergency Management Agency for procurement, construction, and improvements, $99,528,000, of which $63,278,000 shall remain available until September 30, 2026, and of which $36,250,000 shall remain available until September 30, 2028.

federal assistance

(including transfer of funds)

For activities of the Federal Emergency Management Agency for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,497,019,369, which shall be allocated as follows:

(1)

$468,000,000 for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605), of which $81,000,000 shall be for Operation Stonegarden and $13,500,000 shall be for Tribal Homeland Security Grants under section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606):

Provided,

Puerto Rico.

That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2024, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.

(2)

$553,500,000 for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604).

(3)

Terrorism.

$274,500,000 for the Nonprofit Security Grant Program under section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a), of which $137,250,000 is for eligible recipients located in high-risk urban areas that receive funding under section 2003 of such Act and $137,250,000 is for eligible recipients that are located outside such areas:

Provided, That eligible recipients are those described in section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an otherwise eligible recipient at risk of a terrorist or other extremist attack.

(4)

$94,500,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which $9,000,000 shall be for Amtrak security and $1,800,000 shall be for Over-the-Road Bus Security:

Provided, That such public transportation security assistance shall be provided directly to public transportation agencies.138 STAT. 608

(5)

$90,000,000 for Port Security Grants in accordance with section 70107 of title 46, United States Code.

(6)

$648,000,000, to remain available until September 30, 2025, of which $324,000,000 shall be for Assistance to Firefighter Grants and $324,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections 33 and 34 respectively of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).

(7)

$319,500,000 for emergency management performance grants under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United States Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).

(8)

$281,475,000 for necessary expenses for Flood Hazard Mapping and Risk Analysis, in addition to and to supplement any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until expended.

(9)

$10,800,000 for Regional Catastrophic Preparedness Grants.

(10)

$117,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331), to remain available until September 30, 2025:

Provided, That not to exceed 3.5 percent shall be for total administrative costs.

(11)

$40,000,000 for the Next Generation Warning System.

(12)

$293,757,369 for Community Project Funding and Congressionally Directed Spending grants, which shall be for the purposes, and the amounts, specified in the table entitled “Homeland Security—Community Project Funding/Congressionally Directed Spending” under the “Disclosure of Earmarks and Congressionally Directed Spending Items” heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), of which—

(A)

$103,189,080, in addition to amounts otherwise made available for such purpose, is for emergency operations center grants under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c); and

(B)

$190,568,289, in addition to amounts otherwise made available for such purpose, is for pre-disaster mitigation grants under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e), notwithstanding subsections (f), (g), and (l) of that section (42 U.S.C. 5133(f), (g), (l)).

(13)

$305,987,000 to sustain current operations for training, exercises, technical assistance, and other programs.

disaster relief fund

For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 138 STAT. 609 et seq.), $20,261,000,000, to remain available until expended:

Provided, That such amount shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.

national flood insurance fund

For activities under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–89; 128 Stat. 1020), $239,983,000, to remain available until September 30, 2025, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which $18,917,000 shall be available for mission support associated with flood management; and of which $221,066,000 shall be available for flood plain management and flood mapping:

Provided, That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting collections to this account, to be available for flood plain management and flood mapping:

Provided further, That in fiscal year 2024, no funds shall be available from the National Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of—

(1)

$230,504,000 for operating expenses and salaries and expenses associated with flood insurance operations;

(2)

$1,300,000,000 for commissions and taxes of agents;

(3)

such sums as are necessary for interest on Treasury borrowings; and

(4)

$175,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):

Provided further, That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding section 102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, and paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)–(3)):

Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation:

Provided further, That up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033).138 STAT. 610

Administrative Provisions

(including transfers of funds)

Sec. 301.

Funds made available under the heading “Cybersecurity and Infrastructure Security Agency—Operations and Support” may be made available for the necessary expenses of procuring or providing access to cybersecurity threat feeds for branches, agencies, independent agencies, corporations, establishments, and instrumentalities of the Federal Government of the United States, state, local, tribal, and territorial entities, fusion centers as described in section 210A of the Homeland Security Act (6 U.S.C. 124h), and Information Sharing and Analysis Organizations.

Sec. 302.

Grants.

(a)

Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of law, not more than 5 percent of the amount of a grant made available in paragraphs (1) through (5) under “Federal Emergency Management Agency—Federal Assistance”, may be used by the recipient for expenses directly related to administration of the grant.

(b)

Applicability.

The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant under such paragraph (3).

Sec. 303.

Grants.

Deadlines.

Applications for grants under the heading “Federal Emergency Management Agency—Federal Assistance”, for paragraphs (1) through (5), shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application.

Sec. 304.

Grants.

Briefing.

Time period.

Public information.

(a)

Under the heading “Federal Emergency Management Agency—Federal Assistance”, for grants under paragraphs (1) through (5) and (9), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the House of Representatives and the Senate 5 full business days in advance of announcing publicly the intention of making an award.

(b)

If any such public announcement is made before 5 full business days have elapsed following such briefing, $1,000,000 of amounts appropriated by this Act for “Federal Emergency Management Agency—Operations and Support” shall be rescinded.

Sec. 305.

Under the heading “Federal Emergency Management Agency—Federal Assistance”, for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility.

Sec. 306.

Applicability.

The reporting requirements in paragraphs (1) and (2) under the heading “Federal Emergency Management Agency—Disaster Relief Fund” in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), related to reporting on the Disaster Relief Fund, shall be applied in fiscal year 2024 with respect to budget year 2025 and current fiscal year 2024, respectively—

(1)

in paragraph (1) by substituting “fiscal year 2025” for “fiscal year 2016”; and

(2)

in paragraph (2) by

inserting

“business” after “fifth”.

Sec. 307.

Grants.

Waiver authority.

In making grants under the heading “Federal Emergency Management Agency—Federal Assistance”, for Staffing for 138 STAT. 611 Adequate Fire and Emergency Response grants, the Administrator of the Federal Emergency Management Agency may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a).

Sec. 308.

Fees.

(a)

The aggregate charges assessed during fiscal year 2024, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year.

(b)

The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees.

(c)

Effective date.

Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized purposes on October 1, 2024, and remain available until expended.

Sec. 309.

Grants.

Waiver authority.

In making grants under the heading “Federal Emergency Management Agency—Federal Assistance”, for Assistance to Firefighter Grants, the Administrator of the Federal Emergency Management Agency may waive subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229).

Sec. 310.

Any unobligated balances of funds appropriated in any prior Act for activities funded by the National Predisaster Mitigation Fund under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in effect on the day before the date of enactment of section 1234 of division D of Public Law 115–254, may be transferred to and merged with funds set aside pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in effect on the date of the enactment of this section.

Sec. 311.

Any unobligated balances of funds appropriated under the heading “Federal Emergency Management Agency—Flood Hazard Mapping and Risk Analysis Program” in any prior Act may be transferred to and merged with funds appropriated under the heading “Federal Emergency Management Agency—Federal Assistance” for necessary expenses for Flood Hazard Mapping and Risk Analysis:

Provided, That funds transferred pursuant to this section shall be in addition to and supplement any other sums appropriated for such purposes under the National Flood Insurance Fund and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until expended.138 STAT. 612

TITLE IV

RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

U.S. Citizenship and Immigration Services

operations and support

For necessary expenses of U.S. Citizenship and Immigration Services for operations and support, including for the E-Verify Program, the Refugee and International Operations Programs, and backlog reduction, $271,140,000:

Provided, That such amounts shall be in addition to any other amounts made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):

Provided further, That not to exceed $5,000 shall be for official reception and representation expenses.

federal assistance

For necessary expenses of U.S. Citizenship and Immigration Services for Federal assistance for the Citizenship and Integration Grant Program, $10,000,000, to remain available until September 30, 2025.

Federal Law Enforcement Training Centers

operations and support

For necessary expenses of the Federal Law Enforcement Training Centers for operations and support, including the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $357,100,000, of which $66,665,000 shall remain available until September 30, 2025:

Provided, That not to exceed $7,180 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Federal Law Enforcement Training Centers for procurement, construction, and improvements, $20,100,000, to remain available until September 30, 2028, for acquisition of necessary additional real property and facilities, construction and ongoing maintenance, facility improvements and related expenses of the Federal Law Enforcement Training Centers.

Science and Technology Directorate

operations and support

For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease of not to exceed 5 vehicles, $369,811,000, of which $206,093,000 shall remain available until September 30, 2025:

Provided, That not to exceed $10,000 shall be for official reception and representation expenses.138 STAT. 613

procurement, construction, and improvements

For necessary expenses of the Science and Technology Directorate for procurement, construction, and improvements, $61,000,000, to remain available until September 30, 2028.

research and development

For necessary expenses of the Science and Technology Directorate for research and development, $310,823,000, to remain available until September 30, 2026.

Countering Weapons of Mass Destruction Office

operations and support

For necessary expenses of the Countering Weapons of Mass Destruction Office for operations and support, $163,280,000, of which $69,364,000 shall remain available until September 30, 2025:

Provided, That not to exceed $2,250 shall be for official reception and representation expenses.

procurement, construction, and improvements

For necessary expenses of the Countering Weapons of Mass Destruction Office for procurement, construction, and improvements, $42,338,000, to remain available until September 30, 2026.

research and development

For necessary expenses of the Countering Weapons of Mass Destruction Office for research and development, $60,938,000, to remain available until September 30, 2026.

federal assistance

For necessary expenses of the Countering Weapons of Mass Destruction Office for Federal assistance through grants, contracts, cooperative agreements, and other activities, $142,885,000, to remain available until September 30, 2026.

Administrative Provisions

Sec. 401.

(a)

Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease.

(b)

The Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees’ residences and places of employment.

Sec. 402.

None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees (including employees serving on a temporary or term basis) of U.S. Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information 138 STAT. 614 Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

Sec. 403.

Notwithstanding any other provision of law, any Federal funds made available to U.S. Citizenship and Immigration Services may be used for the collection and use of biometrics taken at a U.S. Citizenship and Immigration Services Application Support Center that is overseen virtually by U.S. Citizenship and Immigration Services personnel using appropriate technology.

Sec. 404.

The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation.

Sec. 405.

The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors.

Sec. 406.

(a)

The Director of the Federal Law Enforcement Training Centers may accept transfers to its “Procurement, Construction, and Improvements” account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)).

(b)

The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities.

Sec. 407.

The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).

TITLE V

GENERAL PROVISIONS

(including transfers and rescissions of funds)

Sec. 501.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 502.

Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted.

Sec. 503.

Notifications.

Time periods.

(a)

None of the funds provided by this Act, provided by previous appropriations Acts to the components in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that—

138 STAT. 615

(1)

creates or eliminates a program, project, or activity, or increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress;

(2)

Contracts.

contracts out any function or activity presently performed by Federal employees or any new function or activity proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2024 for the Department of Homeland Security;

(3)

augments funding for existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less;

(4)

reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more; or

(5)

results from any general savings from a reduction in personnel that would result in a change in funding levels for programs, projects, or activities as approved by the Congress.

(b)

Subsection (a) shall not apply if the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of such reprogramming.

(c)

Up to 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations if the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of such transfer, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfer.

(d)

Deadline.

Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations—

(1)

based upon an initial notification provided after June 15, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property;

(2)

to increase or decrease funding for grant programs; or

(3)

to create a program, project, or activity pursuant to subsection (a)(1), including any new function or requirement within any program, project, or activity, not approved by Congress in the consideration of the enactment of this Act.

(e)

Applicability.

The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts that remain available for obligation in the current year.

(f)

Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security:

Provided, That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 5 days in advance of such transfer.

Sec. 504.

Applicability.

31 USC 501 note.

(a)

Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act.138 STAT. 616

(b)

Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security.

Sec. 505.

Time period.

Deadline.

(a)

Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024, as recorded in the financial records at the time of a reprogramming notification, but not later than June 30, 2025, from appropriations for “Operations and Support” for fiscal year 2024 in this Act shall remain available through September 30, 2025, in the account and for the purposes for which the appropriations were provided.

(b)

Notifications.

Prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 503 of this Act.

Sec. 506.

(a)

Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2024 until the enactment of an Act authorizing intelligence activities for fiscal year 2024.

(b)

Amounts described in subsection (a) made available for “Intelligence, Analysis, and Situational Awareness—Operations and Support” that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading “Management Directorate—Operations and Support”.

(c)

Briefing.

Plan.

Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the House of Representatives and the Senate on a plan for the use of such funds.

Sec. 507.

Notifications.

Time period.

Grants.

Contracts.

Public information.

(a)

The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 3 full business days in advance of—

(1)

making or awarding a grant allocation or grant in excess of $1,000,000;

(2)

making or awarding a contract, other transaction agreement, or task or delivery order on a multiple award contract, or to issue a letter of intent totaling in excess of $4,000,000;

(3)

awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds;

(4)

making a sole-source grant award; or

(5)

announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisition Regulation.

(b)

Determination.

Deadline.

If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 5 full business days after such an award is made or letter issued.

(c)

A notification under this section—

(1)

may not involve funds that are not available for obligation; and

(2)

shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type 138 STAT. 617 of contract; and the account from which the funds are being drawn.

Sec. 508.

Notifications.

Contracts.

Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance notification to the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Centers’ facilities.

Sec. 509.

None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus.

Sec. 510.

Applicability.

Sections 522 and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act.

Sec. 511.

(a)

None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act.

(b)

Definition.

For purposes of subsection (a), the term “

Buy American Act

” means chapter 83 of title 41, United States Code.

Sec. 512.

None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448).

Sec. 513.

None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the Congress.

Sec. 514.

National identification card.

None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card.

Sec. 515.

Delegation authority.

Any official that is required by this Act to report or to certify to the Committees on Appropriations of the House of Representatives and the Senate may not delegate such authority to perform that act unless specifically authorized herein.

Sec. 516.

None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.

Sec. 517.

None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

Sec. 518.

Contracts.

Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract.138 STAT. 618

Sec. 519.

Pornography.

(a)

None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b)

Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, territorial, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

Sec. 520.

Firearms.

None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times.

Sec. 521.

Determination.

Notifications.

Deadline.

(a)

None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 10 days of that determination and the basis for that determination.

(b)

Definition.

For purposes of this section the term “

international conference

” shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.

(c)

The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000.

(d)

Employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this section shall not apply to payments for the costs of attendance for such employees.

Sec. 522.

None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event.

Sec. 523.

Pay reform.

Time period.

Effective date.

Notification.

(a)

None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the introduction of any new position classification that will affect more than 100 full-time positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes—

(1)

the number of full-time positions affected by such change;

(2)

funding required for such change for the current fiscal year and through the Future Years Homeland Security Program;

(3)

justification for such change; and

(4)

Analysis.

for a structural pay reform, an analysis of compensation alternatives to such change that were considered by the Department.

(b)

Subsection (a) shall not apply to such change if—138 STAT. 619

(1)

it was proposed in the President’s budget proposal for the fiscal year funded by this Act; and

(2)

funds for such change have not been explicitly denied or restricted in this Act.

Sec. 524.

Web posting.

Public information.

Reports.

Determination.

(a)

Any agency receiving funds made available in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Committees on Appropriations of the House of Representatives and the Senate in this Act, upon the determination by the head of the agency that it shall serve the national interest.

(b)

Subsection (a) shall not apply to a report if—

(1)

the public posting of the report compromises homeland or national security; or

(2)

the report contains proprietary information.

(c)

Time period.

The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the House of Representatives and the Senate for not less than 45 days except as otherwise specified in law.

Sec. 525.

(a)

Funding provided in this Act for “Operations and Support” may be used for minor procurement, construction, and improvements.

(b)

For purposes of subsection (a), “minor” refers to end items with a unit cost of $250,000 or less for personal property, and $2,000,000 or less for real property.

Sec. 526.

Extension.

The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 (Public Law 115–141) regarding primary and secondary schooling of dependents shall continue in effect during fiscal year 2024.

Sec. 527.

Aliens.

(a)

None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification:

(1)

A Member of Congress.

(2)

An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section.

(b)

Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight.

(c)

Time period.

With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a).

Sec. 528.

Pregnant women.

Determinations.

(a)

Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation.

(b)

Subsection (a) shall not apply with respect to a pregnant woman if—138 STAT. 620

(1)

an appropriate official of the Department of Homeland Security makes an individualized determination that the woman—

(A)

is a serious flight risk, and such risk cannot be prevented by other means; or

(B)

poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or

(2)

a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman.

(c)

If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used. In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face-down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy. A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side.

Sec. 529.

Records.

(a)

None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any—

(1)

death of,

(2)

Sexual assault.

potential sexual assault or abuse perpetrated against, or

(3)

Law enforcement and crime.

allegation of abuse, criminal activity, or disruption committed by

an individual held in the custody of the Department of Homeland Security.

(b)

The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in litigation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual.

Sec. 530.

Applicability.

Section 519 of division F of Public Law 114–113, regarding a prohibition on funding for any position designated as a Principal Federal Official, shall apply with respect to any Federal funds in the same manner as such section applied to funds made available in that Act.

Sec. 531.

Reports.

(a)

Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Management of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the unfunded priorities, for the Department of Homeland Security and separately for each departmental component, for which discretionary funding would be classified as budget function 050.

(b)

Each report under this section shall specify, for each such unfunded priority—

(1)

Summary.

a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part);138 STAT. 621

(2)

the description, including the objectives to be achieved if such priority is funded (whether in whole or in part);

(3)

account information, including the following (as applicable):

(A)

appropriation account; and

(B)

program, project, or activity name; and

(4)

the additional number of full-time or part-time positions to be funded as part of such priority.

(c)

Definition.

In this section, the term “

unfunded priority

”, in the case of a fiscal year, means a requirement that—

(1)

is not funded in the budget referred to in subsection (a);

(2)

is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and

(3)

would have been recommended for funding through the budget referred to in subsection (a) if—

(A)

additional resources had been available for the budget to fund the requirement;

(B)

the requirement has emerged since the budget was formulated; or

(C)

the requirement is necessary to sustain prior-year investments.

Sec. 532.

Deadlines.

Determination.

President.

Evaluation.

Notifications.

(a)

Not later than 10 days after a determination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (referred to in this section as a “covered individual”), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the House of Representatives and the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the “appropriate congressional committees”).

(b)

Threat assessment.

Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection.

(c)

Not later than 15 days before extending, or 30 days before terminating, protection for a covered individual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees.

(d)

Reports.

Time period.

Not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of protection.

Sec. 533.

Project proposal.

(a)

None of the funds provided to the Department of Homeland Security in this or any prior Act may be used by 138 STAT. 622 an agency to submit an initial project proposal to the Technology Modernization Fund (as authorized by section 1078 of subtitle G of title X of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91)) unless, concurrent with the submission of an initial project proposal to the Technology Modernization Board, the head of the agency—

(1)

Notifications.

notifies the Committees on Appropriations of the House of Representatives and the Senate of the proposed submission of the project proposal;

(2)

Records.

submits to the Committees on Appropriations a copy of the project proposal; and

(3)

Analysis.

provides a detailed analysis of how the proposed project funding would supplement or supplant funding requested as part of the Department’s most recent budget submission.

(b)

Time period.

Reports.

None of the funds provided to the Department of Homeland Security by the Technology Modernization Fund shall be available for obligation until 15 days after a report on such funds has been transmitted to the Committees on Appropriations of the House of Representatives and the Senate.

(c)

The report described in subsection (b) shall include—

(1)

the full project proposal submitted to and approved by the Fund’s Technology Modernization Board;

(2)

Contracts.

the finalized interagency agreement between the Department and the Fund including the project’s deliverables and repayment terms, as applicable;

(3)

Analysis.

a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities;

(4)

Repayment plan.

a plan for how the Department will repay the Fund, including specific planned funding sources, as applicable; and

(5)

other information as determined by the Secretary.

Sec. 534.

Deadline.

Reductions.

Within 60 days of any budget submission for the Department of Homeland Security for fiscal year 2025 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, the Secretary of Homeland Security shall provide the Committees on Appropriations of the House of Representatives and the Senate specific reductions in proposed discretionary budget authority commensurate with the revenues assumed in such proposals in the event that they are not enacted prior to October 1, 2024.

Sec. 535.

None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

Sec. 536.

Contracts.

Memorandum.

No Federal funds made available to the Department of Homeland Security may be used to enter into a procurement contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or guarantee to, any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) or any subsidiary of such entity.

Sec. 537.

(1)

is not a United States citizen or a member of the Armed Forces of the United States; and

Khalid Sheikh Mohammed.

Detainees.

Cuba.

(2)

is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Sec. 538.

Time period.

Effective date.

Border estimates.

(a)

The Secretary of Homeland Security (in this section referred to as the “Secretary”) shall, on a bimonthly basis beginning immediately after the date of enactment of this Act, develop estimates of the number of noncitizens anticipated to arrive at the southwest border of the United States.

(b)

The Secretary shall ensure that, at a minimum, the estimates developed pursuant to subsection (a)—

(1)

cover the current fiscal year and the following fiscal year;

(2)

include a breakout by demographics, to include single adults, family units, and unaccompanied children;

(3)

Review.

undergo an independent validation and verification review;

(4)

are used to inform policy planning and budgeting processes within the Department of Homeland Security; and

(5)

Effective date.

are included in the budget materials submitted to Congress for each fiscal year beginning after the date of enactment of this Act and in support of—

(A)

the President’s annual budget request pursuant to section 1105 of title 31, United States Code;

(B)

any supplemental funding request submitted to Congress;

(C)

any reprogramming and transfer notification pursuant to section 503 of this Act; and

(D)

such budget materials shall include—

(i)

the most recent bimonthly estimates developed pursuant to subsection (a);

(ii)

a description and quantification of the estimates used to justify funding requests for Department programs related to border security, immigration enforcement, and immigration services;

(iii)

a description and quantification of the anticipated workload and requirements resulting from such estimates; and

(iv)

a confirmation as to whether the budget requests for impacted agencies were developed using the same estimates.

(c)

The Secretary shall share the bimonthly estimates developed pursuant to subsection (a) with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and the Committees on Appropriations of the House of Representatives and the Senate.

(d)

If the bimonthly estimates described in subsection (b) are not provided for the purposes described, the reprogramming and transfer authority provided in section 503 of this Act shall be suspended until such time as the required estimates are provided to the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 539.

(a)

Section 538 of the Department of Homeland Security Appropriations Act, 2022 (division F of Public Law 117–103)

6 USC 103a.

is amended

striking

subsection (d) and

inserting

the following—138 STAT. 624

“(d)

Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appropriations for the Department of Homeland Security for the applicable fiscal year is enacted into law, subject to subsection (e).

“(e)

Notifications.

Time period.

The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds.”

(b)

Applicability.

6 USC 103a note.

The amendments made by this section shall apply to amounts transferred under such section 538 on or after the date of enactment of this Act.

Sec. 540.

Analyses.

Examination.

Reports.

(a)

Prior to the Secretary of Homeland Security requesting assistance from the Department of Defense for border security operations, the Secretary shall ensure that an alternatives analysis and cost-benefit analysis is conducted before such request is made, which shall include an examination of obtaining such support through other means.

(b)

Not later than 30 days after the date on which a request for assistance is made, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the types of support requested, the alternatives analysis and cost-benefit analysis described in subsection (a), and the operational impact to Department of Homeland Security operations of any Department of Defense border security support requested by the Secretary.

(c)

Time period.

Not later than 30 days after the date on which a request made for assistance is granted and quarterly thereafter through the duration of such assistance, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate, a report detailing the assistance provided and the operational impacts to border security operations.

Sec. 541.

Funds made available in this Act or any other Act for Operations and Support may be used for the necessary expenses of providing an employee emergency back-up care program.

Sec. 542.

(a)

Not less than $5,000,000 made available in this Act shall be transferred to “U.S. Immigration and Customs Enforcement—Operations and Support” to support and conduct necessary operations of the Blue Campaign for fiscal year 2024.

(b)

Notifications.

Prior to the obligation of funds made available by subsection (a), notification shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate.

(rescissions of funds)

Sec. 543.

Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts:

(1)

$800,000 from unobligated balances available in the “Office of the Secretary and Executive Management—Operations and Support” account (70 23/24 0100).

(2)

$4,100,000 from the unobligated balances available in the “Management Directorate—Office of the Chief Information Officer and Operations” account (70 X 0113).138 STAT. 625

(3)

$1,473,000 from the unobligated balances available in the “U.S. Customs and Border Protection—Procurement, Construction, and Improvements” account (70 X 0532).

(4)

$1,842,000 from the unobligated balances available in the “U.S. Customs and Border Protection—Border Security Fencing, Infrastructure, and Technology” account (70 X 0533).

(5)

$450,000 from the unobligated balances available in the “U.S. Customs and Border Protection—Air and Marine Interdiction, Operations, Maintenance, and Procurement” account (70 X 0544).

(6)

$3,000,000 from the unobligated balances available in the “U.S. Immigration and Customs Enforcement—Operations and Support” account (70 23/24 0540).

(7)

$782,419 from the unobligated balances available in the “U.S. Immigration and Customs Enforcement—Operations and Support” account (70 X 0540).

(8)

$10,471 from the unobligated balances available in the “U.S. Immigration and Customs Enforcement—Automation Modernization” account (70 X 0543).

(9)

$22,600,000 from the unobligated balances available in the “Coast Guard—Acquisition, Construction, and Improvements” account (70 X 0613).

(10)

$150,000,000 from the unobligated balances available in the “Coast Guard—Procurement, Construction, and Improvements” account.

(11)

$2,400,000 from the unobligated balances available in the “United States Secret Service—Operations and Support” account (70 X 0400).

(12)

$4,000,000 from the unobligated balances available in the “United States Secret Service—Procurement, Construction, and Improvements” account (70 23/25 0401).

(13)

$3,500,000 from the unobligated balances available in the “Cybersecurity and Infrastructure Security Agency—Procurement, Construction, and Improvements” account (70 23/27 0412).

(14)

$2,000,000 from the unobligated balances available in the “Cybersecurity and Infrastructure Security Agency—Research and Development” account (70 23/24 0805).

(15)

$5,821,000 from the unobligated balances available in the “Federal Emergency Management Agency—National Predisaster Mitigation Fund” account (70 X 0716).

(16)

$40,000 from the unobligated balances available in the “U.S. Citizenship and Immigration Services—Operations and Support” account (70 X 0300).

(17)

$46,968 from the unobligated balances available in the “Federal Law Enforcement Training Centers—Procurement, Construction, and Improvements” account (70 20/24 0510).

(18)

$900,000 from the unobligated balances available in the “Science and Technology Directorate—Operations and Support” account (70 X 0800).

(19)

$2,000,000 from the unobligated balances available in the “Countering Weapons of Mass Destruction Office—Research and Development” account (70 22/24 0860).

(20)

$2,900,000 from the unobligated balances available in the “Countering Weapons of Mass Destruction Office—Procurement, Construction, and Improvements” account (70 22/24 0862).138 STAT. 626

(21)

$19,700,000 from the unobligated balances available in the “Countering Weapons of Mass Destruction Office—Procurement, Construction, and Improvements” account (70 23/25 0862).

(22)

$11,208,000 from the unobligated balances available in the “Countering Weapons of Mass Destruction—Research and Development” account (70 23/25 0860).

(23)

$11,478 from the unobligated balances available in the “Countering Weapons of Mass Destruction Office—Research and Development” account (70 X 0860).

Sec. 544.

The following unobligated balances made available to the Department of Homeland Security pursuant to section 505 of the Department of Homeland Security Appropriations Act, 2023 (Public Law 117–328) are rescinded:

(1)

$1,025,240 from “Office of the Secretary and Executive Management—Operations and Support”.

(2)

$982,350 from “Management Directorate—Operations and Support”.

(3)

$757,750 from “Intelligence, Analysis, and Situational Awareness—Operations and Support”.

(4)

$102,031 from “Office of the Inspector General—Operations and Support”.

(5)

$6,952,560 from “U.S. Customs and Border Protection—Operations and Support”.

(6)

$7,661,620 from “U.S. Immigration and Customs Enforcement—Operations and Support”.

(7)

$31,022,129 from “Coast Guard—Operations and Support”.

(8)

$364,550 from “United States Secret Service—Operations and Support”.

(9)

$1,407,050 from “Cybersecurity and Infrastructure Security Agency—Operations and Support”.

(10)

$2,454,920 from “Federal Emergency Management Agency—Operations and Support”.

(11)

$3,146,930 from “U.S. Citizenship and Immigration Services—Operations and Support”.

(12)

$232,590 from “Federal Law Enforcement Training Centers—Operations and Support”.

(13)

$51,440 from “Science and Technology Directorate—Operations and Support”.

(14)

$73,440 from “Countering Weapons of Mass Destruction Office—Operations and Support”.

Sec. 545.

Of the unobligated balances in the “Department of Homeland Security Nonrecurring Expenses Fund” established in section 538 of division F of Public Law 117–103, $699,662 are hereby rescinded.

Sec. 546.

(a)

Of the unobligated balances from amounts made available by section 104A(m) of Public Law 103–325 (12 U.S.C. 4703a(m)), $30,000,000 are hereby permanently rescinded.

(b)

Deadline.

Of the unobligated balances in the fund established by section 223 of division G of Public Law 110–161, $87,900,000 are hereby rescinded not later than September 30, 2024.

(c)

(1)

Of the unobligated balances of funds made available by sections 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2704, 3101, and 9911 of Public Law 117–2, $239,000,000 are hereby rescinded.138 STAT. 627

(2)

The report required to be submitted pursuant to section 529 of division D of this consolidated Act shall include the amounts rescinded pursuant to this subsection.

(d)

Of the unobligated balances in the fund established pursuant to section 527 of title 28, United States Code, $75,000,000 are hereby permanently rescinded not later than September 30, 2024.

(e)

Of the amounts provided in title II of this Act under the heading “United States Secret Service—Operations and Support”, $320,000,000 shall be paid from the unobligated balances from amounts in the fund established by section 9006(a) of title 26, United States Code.

(f)

(1)

Of the total amount provided in title III of this Act under the heading “Federal Emergency Management Agency—Federal Assistance”, $364,000,000 shall be derived by transfer from the unobligated balances from amounts made available in paragraph (2) under such heading in title V of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and shall be merged with amounts provided under such heading in title III of this Act.

(2)

Amounts repurposed or transferred pursuant to this subsection that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.

Sec. 547.

Notwithstanding the amounts made available for vocational rehabilitation services pursuant to title I of the Rehabilitation Act in “Department of Education—Rehabilitation Services” in division D of this Act and notwithstanding sections 100(b)(1) and 100(c)(2) of the Rehabilitation Act, each State shall be entitled to an allotment equal to the amount such State received pursuant to section 110(a) of the Rehabilitation Act for the fiscal year ending September 30, 2023, prior to any additions or reductions under section 110(b) or section 111(a)(2)(B):

Provided, That, of such amounts made available under the heading “Department of Education—Rehabilitation Services” in division D of this Act, $286,791,761 is hereby rescinded:

Provided further, That, for fiscal year 2025, each State shall be entitled to an allotment pursuant to section 110(b) of the Rehabilitation Act that shall be calculated as if this section were not in effect in fiscal year 2024.

Sec. 548.

The fourth proviso under the heading “National Park Service—Historic Preservation Fund” in division E of the Consolidated Appropriations Act, 2024 (Public Law 118–42),

Ante, p. 225.

is amended

striking

“$12,500,000” and

inserting

“$10,000,000”.

Sec. 549.

(a)

Of the unobligated balances made available under the heading “Community Development Fund” in title II of division F of the Consolidated Appropriations Act, 2024 (Public Law 118–42) for grants for the Economic Development Initiative (EDI) specified in paragraph (4) of such heading, $1,000,000 is hereby permanently rescinded:

Provided, That no amounts may be rescinded from amounts specified for Community Project Funding/Congressionally Directed Spending in the table entitled “Community Project Funding/Congressionally Directed Spending” included in the 138 STAT. 628 explanatory statement described in section 4 in the matter preceding division A of such consolidated Act.

(b)

The matter under the heading “Transit Infrastructure Grants” in title I of division F of Public Law 118–42

Ante, p. 322.

is amended

—

(1)

in the matter preceding the first proviso, by

striking

“$252,386,844” and

inserting

“$253,386,844”; and

(2)

in paragraph (1), by

striking

“$20,000,000” and

inserting

“$21,000,000”.

Sec. 550.

(a)

In the table of projects entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement for division L of the Consolidated Appropriations Act, 2023 (Public Law 117–328) described in section 4 in the matter preceding division A of such Act, the item relating to “The Veterans’ Place Renovation” is deemed to be amended by

striking

“Renovation” and

inserting

“New Construction”.

(b)

In the table of projects entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement for division F of the Consolidated Appropriations Act, 2024 (Public Law 118–42) described in section 4 in the matter preceding division A of such Act, the item relating to “Kingfield Multi-Family Housing” is deemed to be amended by

striking

“Kingfield”.

Sec. 551.

The table entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement for division F of the Consolidated Appropriations Act, 2024 (Public Law 118–42) described in section 4 in the matter preceding division A of such Act is deemed to be amended by

adding

at the end the items in the table entitled “THUD Addendum” in the explanatory statement for this division described in section 4 (in the matter preceding division A of this consolidated Act).

This division may be cited as the “

Department of Homeland Security Appropriations Act, 2024

”.

DIVISION D—

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024.

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024

TITLE I

Department of Labor Appropriations Act, 2024.

DEPARTMENT OF LABOR

Employment and Training Administration
Time periods.

training and employment services

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as “WIOA”) and the National Apprenticeship Act, $4,006,421,000 plus reimbursements, shall be available. Of the amounts provided:

(1)

for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,929,332,000 as follows:

(A)

$885,649,000 for adult employment and training activities, of which $173,649,000 shall be available for the period July 1, 2024 through June 30, 2025, and of which $712,000,000 shall be available for the period October 1, 2024 through June 30, 2025;138 STAT. 629

(B)

$948,130,000 for youth activities, which shall be available for the period April 1, 2024 through June 30, 2025; and

(C)

$1,095,553,000 for dislocated worker employment and training activities, of which $235,553,000 shall be available for the period July 1, 2024 through June 30, 2025, and of which $860,000,000 shall be available for the period October 1, 2024 through June 30, 2025:

Provided, That the funds available for allotment to outlying areas to carry out subtitle B of title I of the WIOA shall not be subject to the requirements of section 127(b)(1)(B)(ii) of such Act:

Provided further, That notwithstanding the requirements of WIOA, outlying areas may submit a single application for a consolidated grant that awards funds that would otherwise be available to such areas to carry out the activities described in subtitle B of title I of the WIOA:

Provided further, That such application shall be submitted to the Secretary of Labor (referred to in this title as “Secretary”), at such time, in such manner, and containing such information as the Secretary may require:

Provided further, That outlying areas awarded a consolidated grant described in the preceding provisos may use the funds for any of the programs and activities authorized under such subtitle B of title I of the WIOA subject to approval of the application and such reporting requirements issued by the Secretary; and

(2)

for national programs, $1,077,089,000 as follows:

(A)

$300,859,000 for the dislocated workers assistance national reserve, of which $100,859,000 shall be available for the period July 1, 2024 through September 30, 2025, and of which $200,000,000 shall be available for the period October 1, 2024 through September 30, 2025:

Provided, That funds provided to carry out section 132(a)(2)(A) of the WIOA may be used to provide assistance to a State for statewide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers:

Provided further, That funds provided to carry out sections 168(b) and 169(c) of the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance to new entrants in the workforce and incumbent workers:

Provided further, That notwithstanding section 168(b) of the WIOA, of the funds provided under this subparagraph, the Secretary may reserve not more than 10 percent of such funds to provide technical assistance and carry out additional activities related to the transition to the WIOA:

Provided further, That of the funds provided under this subparagraph, $115,000,000 shall be for training and employment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section) and 170 of the WIOA as follows:

(i)

$50,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C. 14102(a)(1), workers in the Lower Mississippi, as defined in section 4(2) of the Delta Development Act (Public Law 100–138 STAT. 630 460, 102 Stat. 2246; 7 U.S.C. 2009aa(2)), and workers in the region served by the Northern Border Regional Commission, as defined by 40 U.S.C. 15733; and

(ii)

$65,000,000 shall be for the purpose of developing, offering, or improving educational or career training programs at community colleges, defined as public institutions of higher education, as described in section 101(a) of the Higher Education Act of 1965 and at which the associate’s degree is primarily the highest degree awarded, with other eligible institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, eligible to participate through consortia, with community colleges as the lead grantee:

Provided, That the Secretary shall follow the requirements for the program in House Report 116–62:

Provided further, That any grant funds used for apprenticeships shall be used to support only apprenticeship programs registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA;

(B)

$60,000,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2024 through June 30, 2025;

(C)

$97,396,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $90,134,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $6,591,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $671,000 for other discretionary purposes, which shall be available for the period April 1, 2024 through June 30, 2025:

Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services:

Provided further, That notwithstanding the definition of “eligible seasonal farmworker” in section 167(i)(3)(A) of the WIOA relating to an individual being “low-income”, an individual is eligible for migrant and seasonal farmworker programs under section 167 of the WIOA under that definition if, in addition to meeting the requirements of clauses (i) and (ii) of section 167(i)(3)(A), such individual is a member of a family with a total family income equal to or less than 150 percent of the poverty line;

(D)

$105,000,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2024 through June 30, 2025;

(E)

$115,000,000 for ex-offender activities, under the authority of section 169 of the WIOA, which shall be available for the period April 1, 2024 through June 30, 2025:

Provided, That of this amount, $30,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare for employment young adults with criminal legal histories, young adults who have been justice system-involved, or young adults who have dropped 138 STAT. 631 out of school or other educational programs, with a priority for projects serving high-crime, high-poverty areas;

(F)

$6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2024 through June 30, 2025;

(G)

$285,000,000 to expand opportunities through apprenticeships only registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA, to be available to the Secretary to carry out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, including equity intermediaries and business and labor industry partner intermediaries, which shall be available for the period July 1, 2024 through June 30, 2025; and

(H)

$107,834,000 for carrying out Demonstration and Pilot projects under section 169(c) of the WIOA, which shall be available for the period April 1, 2024 through June 30, 2025, in addition to funds available for such activities under subparagraph (A) for the projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That such funds may be used for projects that are related to the employment and training needs of dislocated workers, other adults, or youth:

Provided further, That the 10 percent funding limitation under such section of the WIOA shall not apply to such funds:

Provided further, That section 169(b)(6)(C) of the WIOA shall not apply to such funds:

Provided further, That sections 102 and 107 of this Act shall not apply to such funds.

job corps

(including transfer of funds)

To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,760,155,000, plus reimbursements, as follows:

(1)

$1,603,325,000 for Job Corps Operations, which shall be available for the period July 1, 2024 through June 30, 2025;

(2)

$123,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2024 through June 30, 2027, and which may include the acquisition, maintenance, and repair of major items of equipment:

Provided, That the Secretary may transfer up to 15 percent of such funds to meet the operational needs of such centers or to achieve administrative efficiencies:

Provided further,

Termination date.

That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 138 STAT. 632 30, 2024:

Provided further,

Notification.

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and

(3)

$33,830,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2023 through September 30, 2024:

Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps Centers.

community service employment for older americans

To carry out title V of the Older Americans Act of 1965 (referred to in this Act as “OAA”), $405,000,000, which shall be available for the period April 1, 2024 through June 30, 2025, and may be recaptured and reobligated in accordance with section 517(c) of the OAA.

federal unemployment benefits and allowances

For payments during fiscal year 2024 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjustment Assistance Extension Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension Act of 2015, and section 285(a) of the Trade Act of 1974, as amended, $30,700,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2024:

Provided, That notwithstanding section 502 of this Act, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

state unemployment insurance and employment service operations

(including transfer of funds)

For authorized administrative expenses, $84,066,000, together with not to exceed $3,922,084,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund (“the Trust Fund”), of which—

(1)

$3,141,635,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $382,000,000 to carry out reemployment services and eligibility assessments under section 306 of such Act, any claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments:

Provided, That of such amount, $117,000,000 is specified for grants under section 306 of the Social Security 138 STAT. 633 Act and is provided to meet the terms of section 251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 and $265,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(E) of such Act; and $9,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension Act of 2015, and section 285(a) of the Trade Act of 1974, as amended, and shall be available for obligation by the States through December 31, 2024, except that funds used for automation shall be available for Federal obligation through December 31, 2024, and for State obligation through September 30, 2026, or, if the automation is being carried out through consortia of States, for State obligation through September 30, 2030, and for expenditure through September 30, 2031, and funds for competitive grants awarded to States for improved operations and to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Federal obligation through December 31, 2024 (except that funds for outcome payments pursuant to section 306(f)(2) of the Social Security Act shall be available for Federal obligation through March 31, 2025), and for obligation by the States through September 30, 2026, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through September 30, 2025, and funds used for unemployment insurance workloads experienced through September 30, 2024 shall be available for Federal obligation through December 31, 2024;

(2)

$18,000,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system;

(3)

$653,639,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2024 through June 30, 2025;

(4)

$25,000,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986 (including assisting States in adopting or modernizing information technology for use in the processing of certification requests), and the provision of technical assistance and staff training under the Wagner-Peyser Act;

(5)

$83,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $60,528,000 shall be available for the Federal administration of such activities, and $23,282,000 shall be available for grants to States for the administration of such activities; and138 STAT. 634

(6)

$62,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2024 through June 30, 2025, of which up to $9,800,000 may be used to carry out research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities:

Provided, That the Secretary may transfer amounts made available for research and demonstration projects under this paragraph to the “Office of Disability Employment Policy” account for such purposes:

Provided, That to the extent that the Average Weekly Insured Unemployment (“AWIU”) for fiscal year 2024 is projected by the Department of Labor to exceed 3,075,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act:

Provided further, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act:

Provided further, That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act:

Provided further, That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System:

Provided further,

Contracts.

Grants.

That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities:

Provided further, That

Grants.

States awarded competitive grants for improved operations under title III of the Social Security Act, or awarded grants to support the national activities of the Federal-State unemployment insurance system, may award subgrants to other States and non-State entities under such grants, subject to the conditions applicable to the grants:

Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the final rule entitled “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” at part 200 of title 2, Code of Federal Regulations:

Provided further, That

Reallotment.

the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium or to the entity operating the Unemployment Insurance Information Technology Support Center in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the 138 STAT. 635 request:

Provided further,

Fees.

That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall remain available until September 30, 2025, for such purposes.

advances to the unemployment trust fund and other funds

For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the revolving fund established by section 901(e) of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the “Federal Unemployment Benefits and Allowances” account, such sums as may be necessary, which shall be available for obligation through September 30, 2025.

program administration

For expenses of administering employment and training programs, $118,900,000, together with not to exceed $54,015,000 which shall be available from the Employment Security Administration Account in the Unemployment Trust Fund.

Employee Benefits Security Administration

salaries and expenses

For necessary expenses for the Employee Benefits Security Administration, $191,100,000, of which up to $3,000,000 shall be made available through September 30, 2025, for the procurement of expert witnesses for enforcement litigation.

Pension Benefit Guaranty Corporation

pension benefit guaranty corporation fund

The

Contracts.

Pension Benefit Guaranty Corporation (“Corporation”) is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2024, for the Corporation:

Provided, That none of the funds available to the Corporation for fiscal year 2024 shall be available for obligations for administrative expenses in excess of $512,900,000:

Provided further, That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 138 STAT. 636 2024, an amount not to exceed an additional $9,200,000 shall be available through September 30, 2028, for obligations for administrative expenses for every 20,000 additional terminated participants:

Provided further,

Approval.

Notifications.

That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2028 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That an additional amount shall be available for obligation through September 30, 2028 to the extent the Corporation’s costs exceed $250,000 for the provision of credit or identity monitoring to affected individuals upon suffering a security incident or privacy breach, not to exceed an additional $100 per affected individual.

Wage and Hour Division

salaries and expenses

For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $260,000,000.

Office of Labor-Management Standards

salaries and expenses

For necessary expenses for the Office of Labor-Management Standards, $48,515,000.

Office of Federal Contract Compliance Programs

salaries and expenses

For necessary expenses for the Office of Federal Contract Compliance Programs, $110,976,000.

Office of Workers’ Compensation Programs

salaries and expenses

For necessary expenses for the Office of Workers’ Compensation Programs, $120,500,000, together with $2,205,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act.

special benefits

(including transfer of funds)

For the payment of compensation, benefits, and expenses (except administrative expenses not otherwise authorized) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81; continuation of benefits as provided for under the heading 138 STAT. 637 “Civilian War Benefits” in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations incurred under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers’ Compensation Act, $700,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year, for deposit into and to assume the attributes of the Employees’ Compensation Fund established under 5 U.S.C. 8147(a):

Provided,

Reimbursement.

That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary:

Provided further, That balances of reimbursements unobligated on September 30, 2023, shall remain available until expended for the payment of compensation, benefits, and expenses:

Provided further,

Determination.

That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2024:

Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration of the Federal Employees’ Compensation Act, $83,007,000 shall be made available to the Secretary as follows:

(1)

For enhancement and maintenance of automated data processing systems operations and telecommunications systems, $28,153,000;

(2)

For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $26,526,000;

(3)

For periodic roll disability management and medical review, $26,527,000;

(4)

For program integrity, $1,801,000; and

(5)

The remaining funds shall be paid into the Treasury as miscellaneous receipts:

Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe.

special benefits for disabled coal miners

For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275, $22,890,000, to remain available until expended.

For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary.

For making benefit payments under title IV for the first quarter of fiscal year 2025, $7,000,000, to remain available until expended.138 STAT. 638

administrative expenses, energy employees occupational illness compensation fund

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $66,532,000, to remain available until expended:

Provided, That the Secretary may require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including Social Security account number) as may be prescribed.

black lung disability trust fund

(including transfer of funds)

26 USC 9501 note.

Such sums as may be necessary from the Black Lung Disability Trust Fund (the “Fund”), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2024 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $44,059,000 for transfer to the Office of Workers’ Compensation Programs, “Salaries and Expenses”; not to exceed $41,178,000 for transfer to Departmental Management, “Salaries and Expenses”; not to exceed $368,000 for transfer to Departmental Management, “Office of Inspector General”; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury.

Occupational Safety and Health Administration

salaries and expenses

For necessary expenses for the Occupational Safety and Health Administration, $632,309,000, including not to exceed $120,000,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the “Act”), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to $499,000 per fiscal year of training institute course tuition and fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education:

Provided,

Fees.

That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 2024, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace:

Provided further,

Farms and farming.

That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person 138 STAT. 639 who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:

Provided further,

Small businesses.

That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Restricted, or Transferred (“DART”) occupational injury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except—

(1)

to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;

(2)

to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found;

(3)

to take any action authorized by the Act with respect to imminent dangers;

(4)

to take any action authorized by the Act with respect to health hazards;

(5)

to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and

(6)

to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act:

Provided further,

Farms and farming.

That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees:

Provided further, That $12,787,000 shall be available for Susan Harwood training grants:

Provided further, That not less than $3,500,000 shall be for Voluntary Protection Programs.

Mine Safety and Health Administration

salaries and expenses

For necessary expenses for the Mine Safety and Health Administration, $387,816,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants:

Provided, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities:

Provided

30 USC 966 note.

further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, 138 STAT. 640 materials, and explosives for use in mines, and may utilize such sums for such activities:

Provided further,

30 USC 962.

That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private:

Provided further,

30 USC 962.

That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations:

Provided further,

30 USC 962.

That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization:

Provided further,

30 USC 962.

That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster.

Bureau of Labor Statistics

salaries and expenses

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $629,952,000, together with not to exceed $68,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

Office of Disability Employment Policy

salaries and expenses

(including transfer of funds)

For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $43,000,000, of which not less than $9,000,000 shall be for research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities:

Provided, That the Secretary may transfer amounts made available under this heading for research and demonstration projects to the “State Unemployment Insurance and Employment Service Operations” account for such purposes.

Departmental Management

salaries and expenses

(including transfer of funds)

For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $387,889,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the 138 STAT. 641 Unemployment Trust Fund:

Provided, That $81,725,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2024:

Provided further,

Contracts.

Grants.

That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements:

Provided further, That not less than $30,175,000 shall be for programs to combat exploitative child labor internationally and not less than $30,175,000 shall be used to implement model programs that address worker rights issues through technical assistance in countries with which the United States has free trade agreements or trade preference programs:

Provided further, That $4,281,000 shall be used for program evaluation and shall be available for obligation through September 30, 2025:

Provided further,

Grants.

That funds available for program evaluation may be used to administer grants for the purpose of evaluation:

Provided further,

Grants.

That grants made for the purpose of evaluation shall be awarded through fair and open competition:

Provided further, That funds available for program evaluation may be transferred to any other appropriate account in the Department for such purpose:

Provided

Notification.

Time period.

further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer:

Provided further, That the funds available to the Women’s Bureau may be used for grants to serve and promote the interests of women in the workforce:

Provided further, That of the amounts made available to the Women’s Bureau, not less than $5,000,000 shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act.

veterans’ employment and training

Not to exceed $269,841,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which—

(1)

$185,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach program specialists under section 4103A of such title and local veterans’ employment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for expenditure by the States through September 30, 2026, and not to exceed 3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information:

Provided, That, in addition, such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members;

(2)

$34,379,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;138 STAT. 642

(3)

$47,048,000 is for Federal administration of chapters 41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title 38, United States Code:

Provided, That up to $500,000 may be used to carry out the Hire VETS Act (division O of Public Law 115–31); and

(4)

$3,414,000 is for the National Veterans’ Employment and Training Services Institute under 38 U.S.C. 4109:

Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropriation from which such reallocation is made.

In addition, from the General Fund of the Treasury, $65,500,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code:

Provided, That

Time period.

Grants.

notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2024, to provide services under such section:

Provided further,

Time periods.

That services provided under sections 2021 or under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness:

Provided further, That

Data.

Contracts.

notwithstanding paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and performance information:

Provided further, That notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be available for expenditure pursuant to 31 U.S.C. 1553.

In addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended:

Provided, That such sums shall be in addition to any other funds available for such purposes, including funds available under paragraph (3) of this heading:

Provided further, That section 2(d) of division O of the Consolidated Appropriations Act, 2017 (Public Law 115–31; 38 U.S.C. 4100 note) shall not apply.

it modernization

For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $29,269,000, which shall be available through September 30, 2025.

office of inspector general

For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $91,187,000, together with not to exceed $5,841,000 which may be expended from the Employment Security Administration 138 STAT. 643 account in the Unemployment Trust Fund:

Provided, That not more than $2,000,000 of the amount provided under this heading may be available until expended.

General Provisions

Sec. 101.

None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II.

(transfer of funds)

Sec. 102.

Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer:

Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act:

Provided further,

Notifications.

Time period.

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Sec. 103.

Child labor.

In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act.

Sec. 104.

Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose other than competitive grants for training individuals who are older than 16 years of age and are not currently enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas to hire foreign workers, and the related activities necessary to support such training.

Sec. 105.

None of the funds made available by this Act under the heading “Employment and Training Administration” shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs.138 STAT. 644

(transfer of funds)

Sec. 106.

(a)

Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to “Program Administration” when it is determined that those services will be more efficiently performed by Federal employees:

Provided, That this section shall not apply to section 171 of the WIOA.

(b)

Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to “Program Administration” in order to carry out program integrity activities relating to any of the programs or activities that are funded under any such discretionary appropriations:

Provided, That notwithstanding section 102 and the preceding proviso, the Secretary may transfer not more than 0.5 percent of funds made available in paragraphs (1) and (2) of the “Office of Job Corps” account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program:

Provided further,

Grants.

Contracts.

That funds transferred under this subsection shall be available to the Secretary to carry out program integrity activities directly or through grants, cooperative agreements, contracts and other arrangements with States and other appropriate entities:

Provided further, That funds transferred under the authority provided by this subsection shall be available for obligation through September 30, 2025.

(transfer of funds)

Sec. 107.

Evaluations.

(a)

The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to “Departmental Management” for use by the Office of the Chief Evaluation Officer within the Department of Labor, and shall be available for obligation through September 30, 2025:

Provided,

Plan.

Time period.

That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer.

(b)

The accounts referred to in subsection (a) are: “Training and Employment Services”, “Job Corps”, “Community Service Employment for Older Americans”, “State Unemployment Insurance and Employment Service Operations”, “Employee Benefits Security Administration”, “Office of Workers’ Compensation Programs”, “Wage and Hour Division”, “Office of Federal Contract Compliance Programs”, “Office of Labor Management Standards”, “Occupational Safety and Health Administration”, “Mine Safety and Health Administration”, “Office of Disability Employment Policy”, funding made available to the “Bureau of International Labor Affairs” and “Women’s Bureau” within the “Departmental Management, Salaries and Expenses” account, and “Veterans’ Employment and Training”.

Sec. 108.

Applicability.

(a)

Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the following text is part of such section:138 STAT. 645

“(s)

(1)

Time period.

The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee—

“(A)

employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts;

“(B)

who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and

“(C)

whose duties include any of the following:

“(i)

interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians;

“(ii)

inspecting property damage or reviewing factual information to prepare damage estimates;

“(iii)

evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims;

“(iv)

negotiating settlements; or

“(v)

making recommendations regarding litigation.

“(2)

The exemption in this subsection shall not affect the exemption provided by section 13(a)(1).

“(3)

Definitions.

For purposes of this subsection—

“(A)

the term ‘

major disaster

’ means any disaster or catastrophe declared or designated by any State or Federal agency or department;

“(B)

the term ‘

employee employed to adjust or evaluate claims resulting from or relating to such major disaster

’ means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and

“(C)

the term ‘

affiliate

’ means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company.”

(b)

Effective date.

This section shall be effective on the date of enactment of this Act.

Sec. 109.

Time periods.

(a)

Flexibility With Respect to the Crossing of H–2B Nonimmigrants Working in the Seafood Industry.—

(1)

Effective date.
In general.—

Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition.138 STAT. 646

(2)

Requirements for crossings after 90th day.—

An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer—

(A)

Assessment.

completes a new assessment of the local labor market by—

(i)

listing job orders in local newspapers on 2 separate Sundays; and

(ii)

posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer’s place of employment; and

(B)

offers the job to an equally or better qualified United States worker who—

(i)

applies for the job; and

(ii)

will be available at the time and place of need.

(3)

Exemption from rules with respect to staggering.—

The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law.

(b)

H–2B Nonimmigrants Defined.—

In this section, the term “

H–2B nonimmigrants

” means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).

Sec. 110.

Determinations.

Wages.

The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported.

Sec. 111.

Regulations.

None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).

Sec. 112.

Grants.

Contracts.

Determination.

Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal property, at a value determined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs.

Sec. 113.

Applicability.

(a)

The Act entitled “An Act to create a Department of Labor”, approved March 4, 1913 (37 Stat. 736, chapter 141) shall be applied as if the following text is part of such Act:138 STAT. 647

“SEC. 12.

SECURITY DETAIL.

“(a)

Guidelines.

In General.—

The Secretary of Labor is authorized to employ law enforcement officers or special agents to—

“(1)

provide protection for the Secretary of Labor during the workday of the Secretary and during any activity that is preliminary or postliminary to the performance of official duties by the Secretary;

“(2)

provide protection, incidental to the protection provided to the Secretary, to a member of the immediate family of the Secretary who is participating in an activity or event relating to the official duties of the Secretary;

“(3)

provide continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the members of the immediate family of the Secretary if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary; and

“(4)

provide protection to the Deputy Secretary of Labor or another senior officer representing the Secretary of Labor at a public event if there is a unique and articulable threat of physical harm, in accordance with guidelines established by the Secretary.

“(b)

Authorities.—

The Secretary of Labor may authorize a law enforcement officer or special agent employed under subsection (a), for the purpose of performing the duties authorized under subsection (a), to—

“(1)

carry firearms;

“(2)

make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent;

“(3)

perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events;

“(4)

coordinate with local law enforcement agencies; and

“(5)

initiate criminal and other investigations into potential threats to the security of the Secretary, in coordination with the Inspector General of the Department of Labor.

“(c)

Compliance With Guidelines.—

A law enforcement officer or special agent employed under subsection (a) shall exercise any authority provided under this section in accordance with any—

“(1)

guidelines issued by the Attorney General; and

“(2)

guidelines prescribed by the Secretary of Labor.”

(b)

Effective date.

This section shall be effective on the date of enactment of this Act.

Sec. 114.

Texas.

The Secretary is authorized to dispose of or divest, by any means the Secretary determines appropriate, including an agreement or partnership to construct a new Job Corps center, all or a portion of the real property on which the Treasure Island Job Corps Center and the Gary Job Corps Center are situated. Any sale or other disposition, to include any associated construction project, will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property or relating to Federal procurement, including but not limited to subchapter III of chapter 5 of title 40 of the United States Code, subchapter V of chapter 119 of title 42 of the United States Code, and chapter 33 of division C of subtitle I of title 41 of the United States Code. The net proceeds of such a sale shall be transferred138 STAT. 648 to the Secretary, which shall be available until expended for such project to carry out the Job Corps Program on Treasure Island and the Job Corps Program in and around San Marcos, Texas, respectively.

Sec. 115.

None of the funds made available by this Act may be used to—

(1)

alter or terminate the Interagency Agreement between the United States Department of Labor and the United States Department of Agriculture; or

(2)

close any of the Civilian Conservation Centers, except if such closure is necessary to prevent the endangerment of the health and safety of the students, the capacity of the program is retained, and the requirements of section 159(j) of the WIOA are met.

(rescission)

Sec. 116.

Deadline.

Of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), $206,000,000 are hereby permanently rescinded not later than September 30, 2024.

(rescission)

Sec. 117.

Time period.

Of the funds made available under the heading “Employment and Training Administration–Training and Employment Services” in division H of Public Law 117–328, $75,000,000 are hereby permanently rescinded from the amounts specified in paragraph (2)(A) under such heading for the period October 1, 2023, through September 30, 2024.

Sec. 118.

California.

In the table entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement for division H of Public Law 117–328 described in section 4 in the matter preceding division A of such Public Law, the item relating to “Society for the Advancement of Chicanos/Hispanics and Native Americans in Science, San Jose, CA to create a pipeline from community colleges into the STEM workforce” is deemed to be amended by

striking

“Society for the Advancement of Chicanos/Hispanics and Native Americans in Science” and

inserting

“San Jose State University Research Foundation”.

Sec. 119.

Georgia.

Time periods.

Funds previously made available to the Department of Labor in the Consolidated Appropriations Act, 2016 (Public Law 114–113) in paragraph (2) under the heading “Department of Labor—Employment and Training Administration—Job Corps” that were obligated for the construction of the Atlanta Job Corps center in Georgia and that were available for initial obligation through June 30, 2019, are to remain available through fiscal year 2029 for the liquidation of valid obligations incurred from July 1, 2016 through June 30, 2021.

This title may be cited as the “

Department of Labor Appropriations Act, 2024

”.138 STAT. 649

TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Department of Health and Human Services Appropriations Act, 2024.

Health Resources and Services Administration

primary health care

For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the “PHS Act”) with respect to primary health care and the Native Hawaiian Health Care Act of 1988, $1,858,772,000:

Provided, That no more than $1,000,000 shall be available until expended for carrying out the provisions of section 224(o) of the PHS Act:

Provided further, That no more than $120,000,000 shall be available until expended for carrying out subsections (g) through (n) and (q) of section 224 of the PHS Act, and for expenses incurred by the Department of Health and Human Services (referred to in this Act as “HHS”) pertaining to administrative claims made under such law.

health workforce

For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $1,404,376,000:

Provided, That section 751(j)(2) of the PHS Act and the proportional funding amounts in paragraphs (1) through (4) of section 756(f) of the PHS Act shall not apply to funds made available under this heading:

Provided further,

Waiver authority.

42 USC 294a note.

That for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the “Secretary”) may hereafter waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such section:

Provided further, That section 756(c) of the PHS Act shall apply to paragraphs (1) through (4) of section 756(a) of such Act:

Provided further, That no funds shall be available for section 340G–1 of the PHS Act:

Provided further, That fees collected for the disclosure of information under section 427(b) of the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover the full costs of operating the programs authorized by such sections and shall remain available until expended for the National Practitioner Data Bank:

Provided further, That funds transferred to this account to carry out section 846 and subpart 3 of part D of title III of the PHS Act may be used to make prior year adjustments to awards made under such section and subpart:

Provided further, That $128,600,000 shall remain available until expended for the purposes of providing primary health services, assigning National Health Service Corps (“NHSC”) participants to expand the delivery of substance use disorder treatment services, notwithstanding the assignment priorities and limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC Loan Repayment Program under section 338B of such Act:

Provided further, That, within the amount made available in the previous proviso, $16,000,000 shall remain available until expended for the purposes of making payments under the NHSC Loan Repayment Program under section 138 STAT. 650 338B of the PHS Act to individuals participating in such program who provide primary health services in Indian Health Service facilities, Tribally-Operated 638 Health Programs, and Urban Indian Health Programs (as those terms are defined by the Secretary), notwithstanding the assignment priorities and limitations under section 333(b) of such Act:

Provided

Applicability.

Definition.

further, That for purposes of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if the term “

primary health services

” includes clinical substance use disorder treatment services, including those provided by masters level, licensed substance use disorder treatment counselors:

Provided further, That of the funds made available under this heading, $6,000,000 shall be available to make grants to establish, expand, or maintain optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practitioners in primary care or behavioral health:

Provided further, That of the funds made available under this heading, $10,000,000 shall remain available until expended for activities under section 775 of the PHS Act:

Provided further, That the United States may recover liquidated damages in an amount determined by the formula under section 338E(c)(1) of the PHS Act if an individual either fails to begin or complete the service obligated by a contract under section 775(b) of the PHS Act:

Provided further, That for purposes of section 775(c)(1) of the PHS Act, the Secretary may include other mental and behavioral health disciplines as the Secretary deems appropriate:

Provided further,

Termination.

Contracts.

That the Secretary may terminate a contract entered into under section 775 of the PHS Act in the same manner articulated in section 206 of this title for fiscal year 2024 contracts entered into under section 338B of the PHS Act.

Of the funds made available under this heading, $60,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions, including funding for infrastructure development, maintenance, equipment, and minor renovations or alterations:

Provided,

Determination.

That, in awarding such grants, the Secretary shall give priority to public institutions of higher education located in States with a projected primary care provider shortage, as determined by the Secretary:

Provided further,

Determination.

That grants so awarded are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage, as determined by the Secretary:

Provided further, That the minimum amount of a grant so awarded to such an institution shall be not less than $1,000,000 per year:

Provided further,

Time period.

That such a grant may be awarded for a period not to exceed 5 years:

Provided further,

Requirement.

That such a grant awarded with respect to a year to such an institution shall be subject to a matching requirement of non-Federal funds in an amount that is not more than 10 percent of the total amount of Federal funds provided in the grant to such institution with respect to such year.

maternal and child health

For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health and title V of the Social 138 STAT. 651 Security Act, $1,170,430,000:

Provided, That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security Act, not more than $210,116,000 shall be available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,276,000 shall be available for projects described in subparagraphs (A) through (F) of section 501(a)(3) of such Act.

ryan white hiv/aids program

For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,571,041,000, of which $2,045,630,000 shall remain available to the Secretary through September 30, 2026, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act; and of which $165,000,000, to remain available until expended, shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative expenses.

health systems

For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $122,009,000, of which $122,000 shall be available until expended for facility renovations and other facilities-related expenses of the National Hansen’s Disease Program.

rural health

For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $364,607,000, of which $64,277,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program:

Provided, That of the funds made available under this heading for Medicare rural hospital flexibility grants, up to $20,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology, no less than $5,000,000 shall be available to award grants to public or non-profit private entities for the Rural Emergency Hospital Technical Assistance Program, and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services and other efforts to improve health care coordination for rural veterans between rural providers and the Department of Veterans Affairs:

Provided further, That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be available for State Offices of Rural Health:

Provided further, That $12,700,000 shall remain available through September 30, 2026, to support the Rural Residency Development Program:

Provided further, That $145,000,000 shall be for the Rural Communities Opioids Response Program.138 STAT. 652

family planning

For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $286,479,000:

Provided, That

Abortion.

amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.

hrsa-wide activities and program support

For carrying out title III of the Public Health Service Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Health Resources and Services Administration, $1,110,376,000, of which $42,050,000 shall be for expenses necessary for the Office for the Advancement of Telehealth, including grants, contracts, and cooperative agreements for the advancement of telehealth activities:

Provided, That funds made available under this heading may be used to supplement program support funding provided under the headings “Primary Health Care”, “Health Workforce”, “Maternal and Child Health”, “Ryan White HIV/AIDS Program”, “Health Systems”, and “Rural Health”:

Provided further, That of the amount made available under this heading, $890,788,000 shall be used for the projects financing the construction and renovation (including equipment) of health care and other facilities, and for the projects financing one-time grants that support health-related activities, including training and information technology, and in the amounts specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act.

vaccine injury compensation program trust fund

For payments from the Vaccine Injury Compensation Program Trust Fund (the “Trust Fund”), such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to remain available until expended:

Provided, That for necessary administrative expenses, not to exceed $15,200,000 shall be available from the Trust Fund to the Secretary.

covered countermeasures process fund

For carrying out section 319F–4 of the PHS Act, $7,000,000, to remain available until expended.138 STAT. 653

Centers for Disease Control and Prevention

immunization and respiratory diseases

For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, and titles II and IV of the Immigration and Nationality Act, with respect to immunization and respiratory diseases, $237,358,000.

hiv/aids, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention

For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,391,056,000.

emerging and zoonotic infectious diseases

For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, and titles II and IV of the Immigration and Nationality Act, with respect to emerging and zoonotic infectious diseases, $708,272,000:

Provided, That of the amounts made available under this heading, up to $1,000,000 shall remain available until expended to pay for the transportation, medical care, treatment, and other related costs of persons quarantined or isolated under Federal or State quarantine law.

chronic disease prevention and health promotion

For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $1,192,647,000:

Provided, That funds made available under this heading may be available for making grants under section 1509 of the PHS Act for not less than 21 States, tribes, or tribal organizations:

Provided further, That the proportional funding requirements under section 1503(a) of the PHS Act shall not apply to funds made available under this heading.

birth defects, developmental disabilities, disabilities and health

For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $206,060,000.

public health scientific services

For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $711,553,000:

Provided, That in addition to amounts provided herein, $42,944,000 shall be from funds available under section 241 of the PHS Act for health statistics.

environmental health

For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $191,850,000.138 STAT. 654

injury prevention and control

For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $761,379,000.

national institute for occupational safety and health

For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act, section 13 of the Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of the Occupational Safety and Health Act, with respect to occupational safety and health, $362,800,000.

energy employees occupational illness compensation program

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended:

Provided, That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106–554.

global health

For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $692,843,000, of which: (1) $128,921,000 shall remain available through September 30, 2025 for international HIV/AIDS; and (2) $293,200,000 shall remain available through September 30, 2026 for global public health protection:

Provided, That funds may be used for purchase and insurance of official motor vehicles in foreign countries.

public health preparedness and response

For

Detailees.

Notices.

Deadline.

Reports.

Updates.

Time period.

carrying out titles II, III, XVII, and XXVIII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $938,200,000:

Provided, That the Director of the Centers for Disease Control and Prevention (referred to in this title as “CDC”) or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement to support an activation of the CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority, a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed, and an update of such report every 180 days until staff are no longer on detail without reimbursement to the CDC Emergency Operations Center.

138 STAT. 655

buildings and facilities

(including transfer of funds)

For acquisition of real property, equipment, construction, installation, demolition, and renovation of facilities, $40,000,000, which shall remain available until expended:

Provided, That funds made available to this account in this or any prior Act that are available for the acquisition of real property or for construction or improvement of facilities shall be available to make improvements on non-federally owned property, provided that any improvements that are not adjacent to federally owned property do not exceed $2,500,000, and that the primary benefit of such improvements accrues to CDC:

Provided further, That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement mine safety research facility:

Provided further, That funds made available to this account in this or any prior Act that are available for the acquisition of real property or for construction or improvement of facilities in conjunction with the new replacement mine safety research facility shall be available to make improvements on non-federally owned property, provided that any improvements that are not adjacent to federally owned property do not exceed $5,000,000:

Provided further, That in addition, the prior year unobligated balance of any amounts assigned to former employees in accounts of CDC made available for Individual Learning Accounts shall be credited to and merged with the amounts made available under this heading to support the replacement of the mine safety research facility.

cdc-wide activities and program support

(including transfer of funds)

For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $503,570,000, of which $350,000,000 shall remain available through September 30, 2025, for public health infrastructure and capacity:

Provided, That paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS Act shall not apply to funds appropriated under this heading and in all other accounts of the CDC:

Provided further, That of the amounts made available under this heading, $25,000,000, to remain available until expended, shall be available to the Director of the CDC for deposit in the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115–245:

Provided further,

Contracts.

That funds appropriated under this heading may be used to support a contract for the operation and maintenance of an aircraft in direct support of activities throughout CDC to ensure the agency is prepared to address public health preparedness emergencies:

Provided further,

Detailees.

That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during 138 STAT. 656 the period of detail or assignment:

Provided further, That CDC may use up to $10,000 from amounts appropriated to CDC in this Act for official reception and representation expenses when specifically approved by the Director of CDC:

Provided further, That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged with the cost thereof:

Provided further, That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program and the Respirator Certification Program shall be available through September 30, 2025.

National Institutes of Health

national cancer institute

For carrying out section 301 and title IV of the PHS Act with respect to cancer, $7,224,159,000, of which up to $30,000,000 may be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland.

national heart, lung, and blood institute

For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,982,345,000.

national institute of dental and craniofacial research

For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $520,163,000.

national institute of diabetes and digestive and kidney diseases

For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $2,310,721,000.

national institute of neurological disorders and stroke

For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $2,603,925,000.

national institute of allergy and infectious diseases

For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $6,562,279,000.

national institute of general medical sciences

For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $3,244,679,000, of which $1,412,482,000 shall be from funds available under section 241 of the PHS Act:

Provided, That not less than $430,956,000 is provided for the Institutional Development Awards program.138 STAT. 657

eunice kennedy shriver national institute of child health and human development

For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,759,078,000.

national eye institute

For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $896,549,000.

national institute of environmental health sciences

For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $913,979,000.

national institute on aging

For carrying out section 301 and title IV of the PHS Act with respect to aging, $4,507,623,000.

national institute of arthritis and musculoskeletal and skin diseases

For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $685,465,000.

national institute on deafness and other communication disorders

For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $534,333,000.

national institute of nursing research

For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $197,693,000.

national institute on alcohol abuse and alcoholism

For carrying out section 301 and title IV of the PHS Act with respect to alcohol abuse and alcoholism, $595,318,000.

national institute on drug abuse

For carrying out section 301 and title IV of the PHS Act with respect to drug abuse, $1,662,695,000.

national institute of mental health

For carrying out section 301 and title IV of the PHS Act with respect to mental health, $2,187,843,000.

national human genome research institute

For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $663,200,000.138 STAT. 658

national institute of biomedical imaging and bioengineering

For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $440,627,000.

national center for complementary and integrative health

For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $170,384,000.

national institute on minority health and health disparities

For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $534,395,000.

john e. fogarty international center

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act), $95,162,000.

national library of medicine

For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $497,548,000:

Provided, That of the amounts available for improvement of information systems, $4,000,000 shall be available until September 30, 2025:

Provided further,

Contracts.

That in fiscal year 2024, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (referred to in this title as “NIH”).

national center for advancing translational sciences

For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $928,323,000:

Provided, That $75,000,000 shall be available to implement section 480 of the PHS Act, relating to the Cures Acceleration Network:

Provided further, That at least $629,560,000 is provided to the Clinical and Translational Sciences Awards program.

office of the director

(including transfer of funds)

For carrying out the responsibilities of the Office of the Director, NIH, $2,592,914,000:

Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only:

Provided further, That all funds credited to the NIH Management Fund shall remain available for one fiscal year after the fiscal year in which they are deposited:

Provided further,

Study.

That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study:

Provided further, That $672,401,000 shall be available for the Common Fund established under section 402A(c)(1) of the PHS Act:

Provided further, That 138 STAT. 659 of the funds provided, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH:

Provided further, That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act:

Provided further, That $80,000,000 shall be used to carry out section 404I of the PHS Act (42 U.S.C. 283k), relating to biomedical and behavioral research facilities:

Provided further, That $5,000,000 shall be transferred to and merged with the appropriation for the “Office of Inspector General” for oversight of grant programs and operations of the NIH, including agency efforts to ensure the integrity of its grant application evaluation and selection processes, and shall be in addition to funds otherwise made available for oversight of the NIH:

Provided further, That amounts made available under this heading are also available to establish, operate, and support the Research Policy Board authorized by section 2034(f) of the 21st Century Cures Act:

Provided further, That the funds made available under this heading for the Office of Research on Women’s Health shall also be available for making grants to serve and promote the interests of women in research, and the Director of such Office may, in making such grants, use the authorities available to NIH Institutes and Centers.

In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986 (26 U.S.C. 9008), for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as authorized in the Gabriella Miller Kids First Research Act.

buildings and facilities

For the study of, construction of, demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $350,000,000, to remain available until expended.

nih innovation account, cures act

(including transfer of funds)

For necessary expenses to carry out the purposes described in section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes in the appropriations provided to the NIH in this Act, $407,000,000, to remain available until expended:

Provided, That such amounts are appropriated pursuant to section 1001(b)(3) of such Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, and may be transferred by the Director of the National Institutes of Health to other accounts of the National Institutes of Health solely for the purposes provided in such Act:

Provided further, That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account:

Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law.138 STAT. 660

advanced research projects agency for health
Determination.

For carrying out section 301 and part J of title IV of the PHS Act with respect to advanced research projects for health, $1,500,000,000, to remain available through September 30, 2026.

Substance Abuse and Mental Health Services Administration

mental health

For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, the Protection and Advocacy for Individuals with Mental Illness Act, and the SUPPORT for Patients and Communities Act, $2,775,507,000:

Provided, That of the funds made available under this heading, $98,887,000 shall be for the National Child Traumatic Stress Initiative:

Provided further, That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act:

Provided further, That in addition to amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX:

Provided further, That of the funds made available under this heading for subpart I of part B of title XIX of the PHS Act, at least 5 percent shall be available to support evidence-based crisis systems:

Provided further,

Grants.

Contracts.

That up to 10 percent of the amounts made available to carry out the Children’s Mental Health Services program may be used to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high risk of developing a first episode of psychosis:

Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated in this Act for fiscal year 2024:

Provided further, That $385,000,000 shall be available until September 30, 2026 for grants to communities and community organizations who meet criteria for Certified Community Behavioral Health Clinics pursuant to section 223(a) of Public Law 113–93:

Provided further, That none of the funds provided for section 1911 of the PHS Act shall be subject to section 241 of such Act:

Provided further, That of the funds made available under this heading, $21,420,000 shall be to carry out section 224 of the Protecting Access to Medicare Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).

substance abuse treatment

For carrying out titles III and V of the PHS Act with respect to substance abuse treatment and title XIX of such Act with respect to substance abuse treatment and prevention, section 1003 of the 21st Century Cures Act, and the SUPPORT for Patients and Communities Act, $4,078,098,000:

Provided, That $1,575,000,000 shall be for carrying out section 1003 of the 21st Century Cures Act:

Provided further, That of such amount in the preceding proviso not less than 4 percent shall be made available to Indian Tribes or tribal organizations:

Provided further, That in addition to amounts provided herein, the following amounts shall be available 138 STAT. 661 under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs:

Provided further, That none of the funds provided for section 1921 of the PHS Act or State Opioid Response Grants shall be subject to section 241 of such Act.

substance abuse prevention

For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $236,879,000.

health surveillance and program support

For program support and cross-cutting activities that supplement activities funded under the headings “Mental Health”, “Substance Abuse Treatment”, and “Substance Abuse Prevention” in carrying out titles III, V, and XIX of the PHS Act and the Protection and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, $210,245,000:

Provided, That of the amount made available under this heading, $72,090,000 shall be used for the projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act:

Provided further, That in addition to amounts provided herein, $31,428,000 shall be available under section 241 of the PHS Act to supplement funds available to carry out national surveys on drug abuse and mental health, to collect and analyze program data, and to conduct public awareness and technical assistance activities:

Provided further,

Fees.

That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to this appropriation and shall remain available until expended for such purposes:

Provided further, That amounts made available in this Act for carrying out section 501(o) of the PHS Act shall remain available through September 30, 2025:

Provided further, That funds made available under this heading (other than amounts specified in the first proviso under this heading) may be used to supplement program support funding provided under the headings “Mental Health”, “Substance Abuse Treatment”, and “Substance Abuse Prevention”.

Agency for Healthcare Research and Quality

healthcare research and quality

For carrying out titles III and IX of the PHS Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act 138 STAT. 662 of 2003, $369,000,000:

Provided, That section 947(c) of the PHS Act shall not apply in fiscal year 2024:

Provided further, That in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2025.

Centers for Medicare & Medicaid Services

grants to states for medicaid

For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $406,956,850,000, to remain available until expended.

In addition, for carrying out such titles after May 31, 2024, for the last quarter of fiscal year 2024 for unanticipated costs incurred for the current fiscal year, such sums as may be necessary, to remain available until expended.

In addition, for carrying out such titles for the first quarter of fiscal year 2025, $245,580,414,000, to remain available until expended.

Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter.

payments to the health care trust funds

For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $476,725,000,000.

In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary.

program management

For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $3,669,744,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary pursuant to section 1893(h) of the Social Security Act, and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until expended:

Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and available for carrying 138 STAT. 663 out the purposes of this appropriation:

Provided further,

Fees.

That the Secretary is directed to collect fees in fiscal year 2024 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:

Provided further, That of the amount made available under this heading, $397,334,000 shall remain available until September 30, 2025, and shall be available for the Survey and Certification Program:

Provided further, That amounts available under this heading to support quality improvement organizations (as defined in section 1152 of the Social Security Act) shall not exceed the amount specifically provided for such purpose under this heading in division H of the Consolidated Appropriations Act, 2018 (Public Law 115–141).

health care fraud and abuse control account

In addition to amounts otherwise available for program integrity and program management, $915,000,000, to remain available through September 30, 2025, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $675,058,000 shall be for the Centers for Medicare & Medicaid Services program integrity activities, of which $107,735,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $132,207,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act:

Provided, That the report required by section 1817(k)(5) of the Social Security Act for fiscal year 2024 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP programs for the funds provided by this appropriation:

Provided further, That of the amount provided under this heading, $311,000,000 is provided to meet the terms of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, and $604,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(C) of such Act for additional health care fraud and abuse control activities:

Provided further, That the Secretary shall provide not less than $35,000,000 from amounts made available under this heading and amounts made available for fiscal year 2024 under section 1817(k)(3)(A) of the Social Security Act for the Senior Medicare Patrol program to combat health care fraud and abuse.

Administration for Children and Families

payments to states for child support enforcement and family support programs

For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $3,309,000,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2025, $1,400,000,000, to remain available until expended.

For

Time period.

carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the 138 STAT. 664 Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

low income home energy assistance

For making payments under subsections (b) and (d) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), $4,025,000,000:

Provided, That notwithstanding section 2609A(a) of such Act, not more than $9,600,000 may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance with internal controls, policies and procedures, and to supplement funding otherwise available for necessary administrative expenses to carry out such Act, and the Secretary may, in addition to the authorities provided in section 2609A(a)(1), use such funds through contracts with private entities that do not qualify as nonprofit organizations:

Provided further, That all but $897,348,000 of the amount appropriated under this heading shall be allocated as though the total appropriation for such payments for fiscal year 2024 was less than $1,975,000,000:

Provided further,

State and local governments.

Allocation.

That, after applying all applicable provisions of section 2604 of such Act and the previous proviso, each State or territory that would otherwise receive an allocation that is less than 97 percent of the amount that it received under this heading for fiscal year 2023 from amounts appropriated in both division H and in the second paragraph under this heading in title VIII of division N of Public Law 117–328 shall have its allocation increased to that 97 percent level, with the portions of other States’ and territories’ allocations that would exceed 100 percent of the amounts they respectively received in such fashion for fiscal year 2023 being ratably reduced.

refugee and entrant assistance

(including transfer of funds)

For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (“TVPA”), and the Torture Victims Relief Act of 1998, $6,327,214,000, of which $6,277,459,000 shall remain available through September 30, 2026 for carrying out such sections 414, 501, 462, and 235:

Provided, That amounts available under this heading to carry out the TVPA shall also be available for research and evaluation with respect to activities under such Act:

Provided further,

Applicability.

That the limitation in section 205 of this Act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting “15 percent” for “3 percent”:

Provided further, That the contribution of funds requirement under section 235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 shall not apply to funds made available under this heading:

Provided further,

Determination.

That for any month in fiscal year 2024 that the number of unaccompanied children referred to the Department of Health and Human Services pursuant to section 138 STAT. 665 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 exceeds 16,000, as determined by the Secretary of Health and Human Services, an additional $15,000,000, to remain available until September 30, 2025, shall be made available for obligation for every 500 unaccompanied children above that level (including a pro rata amount for any increment less than 500), for carrying out such sections 462 and 235:

Provided further, That if less than $65,000,000 has been made available pursuant to the preceding proviso as of September 15, 2024, then the difference between $65,000,000 and the amount made available pursuant to such proviso shall become available, and shall remain available until September 30, 2026, for carrying out such sections 462 and 235.

payments to states for the child care and development block grant

For carrying out the Child Care and Development Block Grant Act of 1990 (“CCDBG Act”), $8,746,387,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families:

Provided,

Contracts.

That technical assistance under section 658I(a)(3) of such Act may be provided directly, or through the use of contracts, grants, cooperative agreements, or interagency agreements:

Provided further, That all funds made available to carry out section 418 of the Social Security Act (42 U.S.C. 618), including funds appropriated for that purpose in such section 418 or any other provision of law, shall be subject to the reservation of funds authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG Act:

Provided further, That in addition to the amounts required to be reserved by the Secretary under section 658O(a)(2)(A) of such Act, $236,152,000 shall be for Indian tribes and tribal organizations:

Provided further, That of the amounts made available under this heading, the Secretary may reserve up to 0.5 percent for Federal administrative expenses.

social services block grant

For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000:

Provided, That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX–A of such Act shall be 10 percent.

children and families services programs

For

Grants.

carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and the Community Services Block Grant Act (“CSBG Act”); and for necessary administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act, 138 STAT. 666 the Act of July 5, 1960, and the Low-Income Home Energy Assistance Act of 1981, $14,829,100,000, of which $75,000,000, to remain available through September 30, 2025, shall be for grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions and legal guardianships completed before September 30, 2024:

Provided, That $12,271,820,000 shall be for making payments under the Head Start Act, including for Early Head Start–Child Care Partnerships, and, of which, notwithstanding section 640 of such Act:

(1)

$275,000,000 shall be available for a cost of living adjustment, and with respect to any continuing appropriations act, funding available for a cost of living adjustment shall not be construed as an authority or condition under this Act;

(2)

$25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such funds shall not be included in the calculation of “base grant” in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of such Act;

(3)

$8,000,000 shall be available for the Tribal Colleges and Universities Head Start Partnership Program consistent with section 648(g) of such Act; and

(4)

$21,000,000 shall be available to supplement funding otherwise available for research, evaluation, and Federal administrative costs:

Provided further,

Reduction.

That the Secretary may reduce the reservation of funds under section 640(a)(2)(C) of such Act in lieu of reducing the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:

Provided further, That $315,000,000 shall be available until December 31, 2024 for carrying out sections 9212 and 9213 of the Every Student Succeeds Act:

Provided further, That up to 3 percent of the funds in the preceding proviso shall be available for technical assistance and evaluation related to grants awarded under such section 9212:

Provided further, That $804,383,000 shall be for making payments under the CSBG Act:

Provided further,

State and local governments.

Applicability.

That for services furnished under the CSBG Act with funds made available for such purpose in this fiscal year and in fiscal year 2023, States may apply the last sentence of section 673(2) of the CSBG Act by substituting “200 percent” for “125 percent”:

Provided further, That $34,383,000 shall be for section 680 of the CSBG Act, of which not less than $22,383,000 shall be for section 680(a)(2) and not less than $12,000,000 shall be for section 680(a)(3)(B) of such Act:

Provided further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under such Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes:

Provided further,

Procedures.

Time period.

42 USC 9921 note.

That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more 138 STAT. 667 than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act:

Provided further,

42 USC 9921 note.

That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:

Provided further,

Applicability.

42 USC 9921 note.

That these procedures shall apply to such grant funds made available after November 29, 1999:

Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations:

Provided further, That $240,000,000 shall be for carrying out section 303(a) of the Family Violence Prevention and Services Act, of which $7,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309 of such Act:

Provided further, That the percentages specified in section 112(a)(2) of the Child Abuse Prevention and Treatment Act shall not apply to funds appropriated under this heading:

Provided further, That $1,864,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of administering the system:

Provided further, That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system’s effectiveness:

Provided further, That $40,011,000 shall be used for the projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act.

promoting safe and stable families

For carrying out, except as otherwise provided, section 436 of the Social Security Act, $345,000,000 and, for carrying out, except as otherwise provided, section 437 of such Act, $72,515,000:

Provided, That of the funds available to carry out section 437, $59,765,000 shall be allocated consistent with subsections (b) through (d) of such section:

Provided further, That of the funds available to carry out section 437, to assist in meeting the requirements described in section 471(e)(4)(C), $10,000,000 shall be for grants to each State, territory, and Indian tribe operating title IV–E plans for developing, enhancing, or evaluating kinship navigator programs, as described in section 427(a)(1) of such Act and $2,750,000, in addition to funds otherwise appropriated in section 476 for such purposes, shall be for the Family First Clearinghouse and to support evaluation and technical assistance relating to the evaluation of child and family services:

Provided further,

Applicability.

That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting “5 percent” for “3.3 percent”, and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C):

Provided further, That the reservation in section 437(b)(2) and the limitations in section 437(d) shall 138 STAT. 668 not apply to funds specified in the second proviso:

Provided further, That the minimum grant award for kinship navigator programs in the case of States and territories shall be $200,000, and, in the case of tribes, shall be $25,000.

payments for foster care and permanency

For carrying out, except as otherwise provided, title IV–E of the Social Security Act, $8,594,000,000.

For carrying out, except as otherwise provided, title IV–E of the Social Security Act, for the first quarter of fiscal year 2025, $3,400,000,000.

For

Effective date.

Time period.

carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary.

Administration for Community Living

aging and disability services programs

(including transfer of funds)

For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965 (“OAA”), the RAISE Family Caregivers Act, the Supporting Grandparents Raising Grandchildren Act, titles III and XXIX of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the Assistive Technology Act of 1998, titles II and VII (and section 14 with respect to such titles) of the Rehabilitation Act of 1973, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $2,465,100,000, together with $55,242,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990:

Provided, That of amounts made available under this heading to carry out sections 311, 331, and 336 of the OAA, up to one percent of such amounts shall be available for developing and implementing evidence-based practices for enhancing senior nutrition, including medically-tailored meals:

Provided further, That notwithstanding any other provision of this Act, funds made available under this heading to carry out section 311 of the OAA may be transferred to the Secretary of Agriculture in accordance with such section:

Provided further,

Grants.

Native Americans.

That up to 5 percent of the funds provided for adult protective services grants under section 2042 of title XX of the Social Security Act may be used to make grants to Tribes and tribal organizations:

Provided further, That $2,000,000 shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive technology devices, such as a low-interest loan fund; an interest buy-down program; a revolving loan fund; a loan guarantee; or an insurance program:

Provided further, That applicants shall provide an assurance that, and information describing the manner in which, the alternative 138 STAT. 669 financing program will expand and emphasize consumer choice and control:

Provided further, That State agencies and community-based disability organizations that are directed by and operated for individuals with disabilities shall be eligible to compete:

Provided further,

Notice.

Deadline.

That none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental impairment (or a combination of mental and physical impairments), that has as the requested remedy the closure of State operated intermediate care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action has been provided to such individuals (or, in the case of mental incapacitation, the legal guardians who have been specifically awarded authority by the courts to make healthcare and residential decisions on behalf of such individuals) who are affected by such action, within 90 days of instituting such legal action, which informs such individuals (or such legal guardians) of their legal rights and how to exercise such rights consistent with current Federal Rules of Civil Procedure:

Provided further, That the limitations in the immediately preceding proviso shall not apply in the case of an individual who is neither competent to consent nor has a legal guardian, nor shall the proviso apply in the case of individuals who are a ward of the State or subject to public guardianship:

Provided further, That of the amount made available under this heading, $29,268,000 shall be used for the projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act.

Administration for Strategic Preparedness and Response

research, development, and procurement

For carrying out title III and subtitles A and B of title XXVIII of the PHS Act, with respect to the research, development, storage, production, and procurement of medical countermeasures to counter potential chemical, biological, radiological, and nuclear threats to civilian populations, $3,135,000,000:

Provided, That of such amount:

(1)

$1,015,000,000, to remain available through September 30, 2025, shall be for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority;

(2)

$825,000,000, to remain available until expended, shall be for expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act);138 STAT. 670

(3)

$980,000,000, to remain available until expended, shall be for expenses necessary to carry out section 319F–2(a) of the PHS Act; and

(4)

$315,000,000 shall be for expenses necessary to prepare for or respond to an influenza pandemic, of which $280,000,000 shall remain available until expended for activities including the development and purchase of vaccines, antivirals, necessary medical supplies, diagnostics, and surveillance tools:

Provided, That notwithstanding section 496(b) of the PHS Act, funds allocated under this paragraph may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics:

Provided further, That funds provided under this heading for purposes of acquisition of security countermeasures shall be in addition to any other funds made available for such purposes:

Provided further, That products purchased with funds made available under this heading may, at the discretion of the Secretary, be deposited in the Strategic National Stockpile pursuant to section 319F–2 of the PHS Act.

operations, preparedness, and emergency response

For carrying out titles III, XII, and subtitles A and B of title XXVIII of the PHS Act, operations and emergency response activities related to countering potential chemical, biological, radiological, and nuclear threats and other public health emergencies, $499,606,000:

Provided, That of the amounts made available under this heading, $5,000,000 shall remain available through September 30, 2026, to support emergency operations:

Provided further, That of the amounts made available under this heading, $15,000,000 shall remain available through September 30, 2025, to support coordination of the development, production, and distribution of vaccines, therapeutics, and other medical countermeasures:

Provided further, That of the amounts made available under this heading, $10,000,000 shall remain available until September 30, 2025, for advanced research and development, manufacturing, production, procurement, distribution, and the acquisition, construction, alteration, or renovation of non-federally owned facilities for the production and purchase of medical countermeasures, which may include the development, translation, and demonstration at scale of innovations in manufacturing platform.

Office of the Secretary

general departmental management

For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, $537,144,000, together with $64,828,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities:

Provided, That of this amount, $60,000,000 shall be for 138 STAT. 671 minority AIDS prevention and treatment activities:

Provided further, That of the funds made available under this heading, $101,000,000 shall be for making competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available funds shall be for training and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 75 percent shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent shall be available for research and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy:

Provided further, That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $6,800,000 shall be available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches:

Provided further, That of the funds made available under this heading, $35,000,000 shall be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining from non-marital sexual activity):

Provided further,

Sexual risk avoidance.

That funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research findings with practical implementation that aligns with the needs and desired outcomes for the intended audience; and teach the benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting sexual coercion, dating violence, and other youth risk behaviors such as underage drinking or illicit drug use without normalizing teen sexual activity:

Provided further, That no more than 10 percent of the funding for such competitive grants for sexual risk avoidance shall be available for technical assistance and administrative costs of such programs:

Provided further,

Embryo adoption.

That funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions:

Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4):

Provided further, That of the funds made available under this heading, $5,000,000 shall be for carrying out prize competitions sponsored by the Office of the Secretary to accelerate innovation in the prevention, diagnosis, and treatment of kidney diseases (as authorized by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719)).

In addition, for expenses necessary to carry out title II of the PHS Act to support, except as otherwise provided, activities related to safeguarding classified national security information and providing intelligence and national security support across the Department and to counter cybersecurity threats to civilian populations, $108,983,000.138 STAT. 672

medicare hearings and appeals

For expenses necessary for Medicare hearings and appeals in the Office of the Secretary, $196,000,000 shall remain available until September 30, 2025, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

office of the national coordinator for health information technology

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $69,238,000 shall be from amounts made available under section 241 of the PHS Act.

office of inspector general

For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $87,000,000:

Provided, That of such amount, necessary sums shall be available for providing protective services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228:

Provided further, That of the amount appropriated under this heading, necessary sums shall be available for carrying out activities authorized under section 3022 of the PHS Act (42 U.S.C. 300jj–52).

office for civil rights

For expenses necessary for the Office for Civil Rights, $39,798,000.

retirement pay and medical benefits for commissioned officers

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents’ Medical Care Act, such amounts as may be required during the current fiscal year.

General Provisions

Sec. 201.

Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary.

Sec. 202.

None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II:

Provided, That none of the funds appropriated in this title shall be used to prevent the NIH from paying up to 100 percent of the salary of an individual at this rate.

Sec. 203.

Reports.

None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for 138 STAT. 673 funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds.

Sec. 204.

Determination.

Evaluation.

Notwithstanding section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title.

(transfer of funds)

Sec. 205.

Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer:

Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act:

Provided further,

Notifications.

Time period.

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Sec. 206.

Time period.

Contracts.

In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the effective date of a contract awarded in fiscal year 2024 under section 338B of such Act, or at any time if the individual who has been awarded such contract has not received funds due under the contract.

Sec. 207.

Certification.

Children, youth, and families.

Family planning.

None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.

Sec. 208.

Child abuse.

Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

Sec. 209.

Abortion.

None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions:

Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity’s enrollees):

Provided further, That nothing in this section shall be construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services.

138 STAT. 674

Sec. 210.

Gun control.

None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control.

Sec. 211.

Government employees.

Children, youth, and families.

AIDS.

The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

Sec. 212.

HIV/AIDS.

In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2024:

(1)

The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956.

Consultation.

The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State.

(2)

Reimbursement.

The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS.

Compliance.

The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The

Grants.

Contracts.

Nonprofits.

Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad.

(3)

The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary.

Payments.

The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel’s official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service.138 STAT. 675

(transfer of funds)

Sec. 213.

The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus:

Provided,

Notifications.

Time period.

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

(transfer of funds)

Sec. 214.

Determination.

Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the “Office of AIDS Research” account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the PHS Act.

Sec. 215.

(a)

Authority.—

Notwithstanding any other provision of law, the Director of NIH (“Director”) may use funds authorized under section 402(b)(12) of the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to or research and activities described in such section 402(b)(12).

(b)

Procedures.

Assessments.

Peer Review.—

In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit.

Applicability.

Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

Sec. 216.

Not to exceed $100,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $5,000,000 per project.

(transfer of funds)

Sec. 217.

Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards (“NRSA”) shall be made available to the Administrator of the Health Resources and Services Administration to make NRSA awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Quality to make NRSA awards for health service research.

Sec. 218.

Contracts.

(a)

The Biomedical Advanced Research and Development Authority (“BARDA”) may enter into a contract, for more than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), if—

138 STAT. 676

(1)

funds are available and obligated—

(A)

for the full period of the contract or for the first fiscal year in which the contract is in effect; and

(B)

for the estimated costs associated with a necessary termination of the contract; and

(2)

Determination.

the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA’s programs.

(b)

A contract entered into under this section—

(1)

shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and

(2)

shall be subject to the congressional notice requirement stated in subsection (d) of such section.

Sec. 219.

Publication.

Web posting.

(a)

The Secretary shall publish in the fiscal year 2025 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the ACA, and the amendments made by that Act, in the proposed fiscal year and each fiscal year since the enactment of the ACA.

(b)

Contracts.

With respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information:

(1)

Statement.

For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations.

(2)

For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph (1).

(c)

In carrying out this section, the Secretary may exclude from the report employees or contractors who—

(1)

are supported through appropriations enacted in laws other than the ACA and work on programs that existed prior to the passage of the ACA;

(2)

spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; or

(3)

work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts.

Sec. 220.

Publication.

The Secretary shall publish, as part of the fiscal year 2025 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2025. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading “Health Insurance Exchange Transparency” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).138 STAT. 677

Sec. 221.

None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the “Centers for Medicare & Medicaid Services—Program Management” account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating to risk corridors).

(transfer of funds)

Sec. 222.

Deadline.

(a)

Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading “Prevention and Public Health Fund” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(b)

Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts.

(c)

Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act.

Sec. 223.

Time period.

Effective during the period beginning on November 1, 2015 and ending January 1, 2026, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if—

(1)

such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and

(2)

such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act (42 U.S.C. 1395x(jj)).

Sec. 224.

Applicability.

In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017. None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Health and Human Services or to any department or agency may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter.

(transfer of funds)

Sec. 225.

Opioids.

Time period.

Notifications.

The NIH Director may transfer funds for opioid addiction, opioid alternatives, stimulant misuse and addiction, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations of the House of Representatives and the Senate:

Provided, That the transfer authority 138 STAT. 678 provided in the previous proviso is in addition to any other transfer authority provided by law.

Sec. 226.

Notifications.

(a)

The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate:

(1)

Detailed monthly enrollment figures from the Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period; and

(2)

Grants.

Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act.

(b)

Time period.

The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information or the award of such grants.

Sec. 227.

In addition to the amounts otherwise available for “Centers for Medicare & Medicaid Services, Program Management”, the Secretary of Health and Human Services may transfer up to $455,000,000 to such account from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to support program management activity related to the Medicare Program:

Provided, That except for the foregoing purpose, such funds may not be used to support any provision of Public Law 111–148 or Public Law 111–152 (or any amendment made by either such Public Law) or to supplant any other amounts within such account.

Sec. 228.

Reports.

The Department of Health and Human Services shall provide the Committees on Appropriations of the House of Representatives and Senate a biannual report 30 days after enactment of this Act on staffing described in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

Sec. 229.

Funds appropriated in this Act that are available for salaries and expenses of employees of the Department of Health and Human Services shall also be available to pay travel and related expenses of such an employee or of a member of his or her family, when such employee is assigned to duty, in the United States or in a U.S. territory, during a period and in a location that are the subject of a determination of a public health emergency under section 319 of the Public Health Service Act and such travel is necessary to obtain medical care for an illness, injury, or medical condition that cannot be adequately addressed in that location at that time.

Definition.

For purposes of this section, the term “

U.S. territory

” means Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, or the Trust Territory of the Pacific Islands.

Sec. 230.

Donations.

Alien children.

The Department of Health and Human Services may accept donations from the private sector, nongovernmental organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee Resettlement of the Administration for Children and Families, including medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items intended to promote the wellbeing of such children.138 STAT. 679

Sec. 231.

Contracts.

Alien children.

Determination.

Time periods.

None of the funds made available in this Act under the heading “Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance” may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that—

(1)

Requirements.

Compliance.

the terms of the grant or contract for the operations of any such facility that remains in operation for more than six consecutive months shall require compliance with—

(A)

Determination.

the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities; and

(B)

staffing ratios of one (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours, one (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements;

(2)

Waiver authority.

Certification.

Reports.

the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance;

(3)

not more than four consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility;

(4)

ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019;

(5)

for any such unlicensed facility in operation for more than three consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first three months of operation, with quarterly monitoring visits thereafter; and

(6)

Deadline.

Briefing.

not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities.

Sec. 232.

Notification.

Time periods.

Analysis.

Alien children.

6 USC 279 note.

In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger.

Reports.

Within 60 days of bringing such a facility online, 138 STAT. 680 and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release.

Sec. 233.

Congress.

Alien children.

Time period.

None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator or Member has coordinated the oversight visit with the Office of Refugee Resettlement not less than two business days in advance to ensure that such visit would not interfere with the operations (including child welfare and child safety operations) of such facility.

Sec. 234.

Public information.

Web posting.

Reports.

Alien children.

6 USC 279 note.

Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month. Each report shall contain the following information:

(1)

the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred; and

(2)

the documented cause of separation, as reported by DHS when each child was referred.

Sec. 235.

Funds appropriated in this Act that are available for salaries and expenses of employees of the Centers for Disease Control and Prevention shall also be available for the primary and secondary schooling of eligible dependents of personnel stationed in a U.S. territory as defined in section 229 of this Act at costs not in excess of those paid for or reimbursed by the Department of Defense.

Sec. 236.

Section 231 of division B of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (42 U.S.C. 247d–4a)

is amended

striking

the fifth, sixth, and seventh provisos and

inserting

the following: “

Provided further,

Time period.

Notifications.

Spend plan.

Cost estimates.

That the Director shall provide to the Committees on Appropriations of the House of Representatives and the Senate, at least 7 days in advance of any transfer or obligation of funds made under the authority provided in this section, both a notification on the anticipated uses of funds by program, project, or activity; and a detailed spend plan of anticipated uses of funds, including estimated personnel and administrative costs, disaggregated by program, project, or activity:

Provided further,

Updates.

Time period.

That such spend plans shall be updated to include all applicable obligations to date and unobligated amounts 138 STAT. 681 and submitted quarterly to such Committees on Appropriations until such funds are fully expended:

”.

Sec. 237.

Title VIII of division B of the CARES Act (Public Law 116–136)

42 USC 247d–4a note.

is amended

, under the heading “Department of Health and Human Services—Centers for Disease Control and Prevention—CDC-Wide Activities and Program Support” by

striking

the ninth proviso.

Sec. 238.

Native Americans.

Criteria.

Children, youth, and families.

42 USC 9840 note.

In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsections (a) and paragraphs (1) and (2) of subsection (d) of section 645 of the Head Start Act and income eligibility criteria and allowances prescribed in regulations, an Indian tribe that operates a Head Start program may, at its discretion, establish selection criteria, including criteria to prioritize children in families for which a child, a family member, or a member of the same household, is a member of an Indian tribe, to enroll children who would benefit from the Head Start program.

Sec. 239.

Criteria.

Children, youth, and families.

Migrant farmworkers.

42 USC 9840 note.

In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsection (a) of section 645 of the Head Start Act and income eligibility criteria and allowances prescribed in regulations, an agency that operates a migrant or seasonal Head Start program may, at its discretion, establish selection criteria to enroll children who would benefit from the Head Start program, giving priority to children of migrant farmworker families:

Provided, That such selection criteria shall limit that enrollment to children who have at least one family member whose income comes primarily from agricultural employment as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802).

(rescission)

Sec. 240.

Deadline.

Of the unobligated balances in the “Nonrecurring Expenses Fund” established in section 223 of division G of Public Law 110–161, $1,250,000,000 are hereby rescinded not later than September 30, 2024.

(rescission)

Sec. 241.

Of the unobligated balances from amounts made available under the heading “Department of Health and Human Services—Administration for Children and Families—Children and Families Services Programs” in division H of the Consolidated Appropriations Act, 2023 (Public Law 117–328) for grants to States for incentive payments, as defined by section 473A of the Social Security Act, $70,000,000 are hereby rescinded.

This title may be cited as the “

Department of Health and Human Services Appropriations Act, 2024

”.

TITLE III

Department of Education Appropriations Act, 2024.

DEPARTMENT OF EDUCATION

Education for the Disadvantaged

For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as “ESEA”) and section 418A of the Higher Education 138 STAT. 682 Act of 1965 (referred to in this Act as “HEA”), $19,107,790,000, of which $8,179,490,000 shall become available on July 1, 2024, and shall remain available through September 30, 2025, and of which $10,841,177,000 shall become available on October 1, 2024, and shall remain available through September 30, 2025, for academic year 2024–2025:

Provided, That $6,459,401,000 shall be for basic grants under section 1124 of the ESEA:

Provided further, That up to $5,000,000 of these funds shall be available to the Secretary of Education (referred to in this title as “Secretary”) on October 1, 2023, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census:

Provided further, That $1,362,301,000 shall be for concentration grants under section 1124A of the ESEA:

Provided further, That $5,292,550,000 shall be for targeted grants under section 1125 of the ESEA:

Provided further, That $5,292,550,000 shall be for education finance incentive grants under section 1125A of the ESEA:

Provided further, That $224,000,000 shall be for carrying out subpart 2 of part B of title II:

Provided further, That $52,123,000 shall be for carrying out section 418A of the HEA.

Impact Aid

For carrying out programs of financial assistance to federally affected schools authorized by title VII of the ESEA, $1,625,151,000, of which $1,474,000,000 shall be for basic support payments under section 7003(b), $48,316,000 shall be for payments for children with disabilities under section 7003(d), $19,000,000 shall be for construction under section 7007(a), $79,000,000 shall be for Federal property payments under section 7002, and $4,835,000, to remain available until expended, shall be for facilities maintenance under section 7008:

Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 7003(a) for school year 2023–2024, children enrolled in a school of such agency that would otherwise be eligible for payment under section 7003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 7003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status.

School Improvement Programs

For carrying out school improvement activities authorized by part B of title I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part B of title V, and parts B and C of title VI of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; and the Civil Rights Act of 1964, $5,776,178,000, of which $3,947,312,000 shall become available on July 1, 2024, and remain available through September 30, 2025, and of which $1,681,441,000 shall become available on October 1, 2024, and shall remain available through September 30, 2025, for academic year 2024–2025:

Provided, That $380,000,000 shall be for part B of title I:

Provided 138 STAT. 683 further, That $1,329,673,000 shall be for part B of title IV:

Provided further,

Applicability.

That $45,897,000 shall be for part B of title VI, which may be used for construction, renovation, and modernization of any public elementary school, secondary school, or structure related to a public elementary school or secondary school that serves a predominantly Native Hawaiian student body, and that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:

Provided further,

Applicability.

That $44,953,000 shall be for part C of title VI, which shall be awarded on a competitive basis, and may be used for construction, and that the 5 percent limitation in section 6305 of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:

Provided further, That $50,000,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002 and the Secretary shall make such arrangements as determined to be necessary to ensure that the Bureau of Indian Education has access to services provided under this section:

Provided further, That $220,000,000 shall be for part B of title V:

Provided further, That in carrying out such part B the percentage in section 316(b)(1)(D) of title III of division H of Public Law 116–260 shall be deemed 83.33 percent:

Provided further, That $1,380,000,000 shall be available for grants under subpart 1 of part A of title IV:

Provided further, That funds provided by Public Law 117–328 and this Act for subpart B of title VII of the McKinney-Vento Homeless Assistance Act shall be available for expenditure by educational agencies and institutions for an additional fiscal year following the succeeding fiscal year provided by subsection 421(b)(1) of the General Education Provisions Act.

Indian Education

For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA, $194,746,000, of which $72,000,000 shall be for subpart 2 of part A of title VI and $12,365,000 shall be for subpart 3 of part A of title VI:

Provided, That

Applicability.

the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs:

Provided further, That

Time period.

grants awarded under sections 6132 and 6133 of the ESEA with funds provided under this heading may be for a period of up to 5 years.

Innovation and Improvement

For carrying out activities authorized by subparts 1, 3, and 4 of part B of title II, and parts C, D, and E and subparts 1 and 4 of part F of title IV of the ESEA, $1,115,000,000:

Provided, That $173,000,000 shall be for subparts 1, 3 and 4 of part B of title II and shall be made available without regard to sections 2201, 2231(b) and 2241:

Provided further, That $683,000,000 shall be for parts C, D, and E and subpart 4 of part F of title IV, and shall be made available without regard to sections 4311, 4409(a), and 4601 of the ESEA:

Provided further, That section 4303(d)(3)(A)(i) shall not apply to the funds available for part C of title IV:

Provided further, That of the funds available for part C of title IV, the Secretary shall use not less than $60,000,000 to carry out section 4304, not more than $140,000,000, to remain 138 STAT. 684 available through March 31, 2025, to carry out section 4305(b), from which the amount necessary for continuation grants may be available for obligation through March 31, 2025, and not more than $16,000,000 to carry out the activities in section 4305(a)(3):

Provided further, That notwithstanding section 4601(b), $259,000,000 shall be available through December 31, 2024 for subpart 1 of part F of title IV:

Provided further, That of the funds available for subpart 4 of part F of title IV, not less than $8,000,000 shall be used for continuation grants for eligible national nonprofit organizations, as described in the Applications for New Awards; Assistance for Arts Education Program published in the Federal Register on May 31, 2022, for activities described under section 4642(a)(1)(C).

Safe Schools and Citizenship Education

For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $457,000,000, to remain available through December 31, 2024:

Provided, That $216,000,000 shall be available for section 4631, of which up to $5,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence (Project SERV) program:

Provided further, That $150,000,000 shall be available for section 4625:

Provided further, That $91,000,000 shall be for section 4624.

English Language Acquisition

For carrying out part A of title III of the ESEA, $890,000,000, which shall become available on July 1, 2024, and shall remain available through September 30, 2025, except that 6.5 percent of such amount shall be available on October 1, 2023, and shall remain available through September 30, 2025, to carry out activities under section 3111(c)(1)(C).

Special Education
State and local governments.

For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $15,467,264,000, of which $5,890,321,000 shall become available on July 1, 2024, and shall remain available through September 30, 2025, and of which $9,283,383,000 shall become available on October 1, 2024, and shall remain available through September 30, 2025, for academic year 2024–2025:

Provided, That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2023, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the amount for that activity during fiscal year 2023:

Provided further, That the Secretary shall, without regard to section 611(d) of the IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which a State’s allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States’ relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under 138 STAT. 685 this part, and 15 percent to States on the basis of the States’ relative populations of those children who are living in poverty:

Provided further, That the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution:

Provided further,

Allocation.

That the States shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section 611(f):

Provided further,

Reduction.

20 USC 1411 note.

That the amount by which a State’s allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years:

Provided further,

Applicability.

Time period.

That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal year in which a State’s allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply the reduction specified in section 612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 5, until the entire reduction is applied:

Provided further,

20 USC 1411 note.

That the Secretary may, in any fiscal year in which a State’s allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount a State may reserve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction:

Provided further,

Reduction.

20 USC 1411 note.

That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act (20 U.S.C. 1234a):

Provided further, That the funds reserved under 611(c) of the IDEA may be used to provide technical assistance to States to improve the capacity of the States to meet the data collection requirements of sections 616 and 618 and to administer and carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA:

Provided further,

Evaluation.

That the Secretary may use funds made available for the State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart:

Provided further,

Grants.

That States may use funds reserved for other State-level activities under sections 611(e)(2) and 619(f) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by those sections:

Provided further,

Grants.

That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount described in section 643(e)(2)(B) of such Act:

Provided further,

Grants.

That if more than 5 States apply for grants pursuant to section 643(e) of the IDEA, the Secretary shall award funds to those States on the basis of the States’ relative populations of infants and toddlers except that no such State shall receive a grant in excess of the 138 STAT. 686 amount described in section 643(e)(2)(B) of such Act:

Provided further,

Grants.

That States may use funds allotted under section 643(c) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by section 638 of IDEA:

Provided further, That, notwithstanding section 638 of the IDEA, a State may use funds it receives under section 633 of the IDEA to offer continued early intervention services to a child who previously received services under part C of the IDEA from age 3 until the beginning of the school year following the child’s third birthday with parental consent and without regard to the procedures in section 635(c) of the IDEA.

Rehabilitation Services

(including transfer of funds)

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $4,397,033,000, of which $4,253,834,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act:

Provided, That the Secretary may use amounts provided in this Act, and unobligated balances from title III of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023, (division H of Public Law 117–328), that remain available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at increasing competitive integrated employment as defined in section 7 of such Act for youth and other individuals with disabilities, including related Federal administrative expenses, for improving monitoring and oversight of grants for vocational rehabilitation services under title I of the Rehabilitation Act, and information technology needs under section 15 and titles I, III, VI, and VII of the Rehabilitation Act:

Provided further,

Evaluation.

That up to 15 percent of the amounts available subsequent to reallotment for the activities described in the first proviso from funds provided under this paragraph in this Act, may be used for evaluation and technical assistance related to such activities:

Provided further, That any funds made available subsequent to reallotment for the activities described in the first proviso may be provided to States and other public, private and nonprofit entities, including Indian tribes and institutions of higher education for carrying out such activities:

Provided further,

Grants.

That States and other public and nonprofit entities, including Indian tribes and institutions of higher education may award subgrants for a portion of the funds to other eligible entities:

Provided further, That any funds provided in this Act and made available subsequent to reallotment for the purposes described in the first proviso shall remain available until September 30, 2025:

Provided further, That the Secretary may transfer funds provided in this Act and made available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act to “Institute of Education Sciences” for the evaluation of outcomes for students receiving services and supports under IDEA and under title I, section 504 of title V, and title VI of the Rehabilitation Act:

Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority in this Act.

138 STAT. 687

Special Institutions for Persons With Disabilities

american printing house for the blind

For carrying out the Act to Promote the Education of the Blind of March 3, 1879, $43,431,000.

national technical institute for the deaf

For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $92,500,000:

Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act.

gallaudet university

For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $167,361,000, of which up to $15,000,000, to remain available until expended, shall be for construction, as defined by section 201(2) of such Act:

Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act.

Career, Technical, and Adult Education

For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 (“Perkins Act”) and the Adult Education and Family Literacy Act (“AEFLA”), $2,181,436,000, of which $1,390,436,000 shall become available on July 1, 2024, and shall remain available through September 30, 2025, and of which $791,000,000 shall become available on October 1, 2024, and shall remain available through September 30, 2025:

Provided, That up to $6,100,000 shall be available for innovation and modernization grants under such section 114(e) of the Perkins Act:

Provided further, That of the amounts made available for AEFLA, $13,712,000 shall be for national leadership activities under section 242.

Student Financial Assistance

For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA, $24,615,352,000 which shall remain available through September 30, 2025.

20 USC 1070a note.

The maximum Pell Grant for which a student shall be eligible during award year 2024–2025 shall be $6,335.

Student Aid Administration
Loans.
Contracts.

For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $2,058,943,000, to remain available through September 30, 2025:

Provided,

Allocations.

That the Secretary shall allocate new student loan borrower accounts to eligible student loan servicers on the basis of their past performance compared to all loan servicers utilizing established common metrics, 138 STAT. 688 and on the basis of the capacity of each servicer to process new and existing accounts:

Provided further, That in order to promote accountability and high-quality service to borrowers, the Secretary shall not award funding for any contract solicitation for a new Federal student loan servicing environment, including the solicitation for the Federal Student Aid (FSA) Next Generation Processing and Servicing Environment, unless such an environment provides for the participation of multiple student loan servicers that contract directly with the Department of Education to manage a unique portfolio of borrower accounts and the full life-cycle of loans from disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan servicers based on performance:

Provided further,

Reallocation.

That the Department shall re-allocate accounts from servicers for recurring non-compliance with FSA guidelines, contractual requirements, and applicable laws, including for failure to sufficiently inform borrowers of available repayment options:

Provided further,

Evaluations.

Requirements.

Compliance.

That such servicers shall be evaluated based on their ability to meet contract requirements (including an understanding of Federal and State law), future performance on the contracts, and history of compliance with applicable consumer protections laws:

Provided further, That to the extent FSA permits student loan servicing subcontracting, FSA shall hold prime contractors accountable for meeting the requirements of the contract, and the performance and expectations of subcontractors shall be accounted for in the prime contract and in the overall performance of the prime contractor:

Provided further, That FSA shall ensure that the Next Generation Processing and Servicing Environment, or any new Federal loan servicing environment, incentivize more support to borrowers at risk of delinquency or default:

Provided further, That FSA shall ensure that in such environment contractors have the capacity to meet and are held accountable for performance on service levels; are held accountable for and have a history of compliance with applicable consumer protection laws; and have relevant experience and demonstrated effectiveness:

Provided further,

Time period.

Briefings.

That the Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and the Workforce of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate on general progress related to implementation of Federal student loan servicing contracts:

Provided further, That FSA shall strengthen transparency through expanded publication of aggregate data on student loan and servicer performance:

Provided further, That $25,000,000 shall be for ensuring the continuation of student loan servicing activities, including supporting borrowers reentering repayment: Provided further,

Applicability.

That the limitation in section 302 of this Act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting “10 percent” for “3 percent” for the purposes of the continuation of basic operations, including student loan servicing, business process operations, digital customer care, common origination and disbursement, cybersecurity activities, and information technology systems:

Provided further, That

Deadlines.

Spend plan.

Time period.

Updates.

not later than 45 days after enactment of this Act, FSA shall provide to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year 2024 and provide quarterly updates on this plan (including contracts 138 STAT. 689 awarded, change orders, bonuses paid to staff, reorganization costs, and any other activity carried out using amounts provided under this heading for fiscal year 2024) no later than 10 days prior to the start of such quarter:

Provided further,

Notification.

Deadline.

That FSA shall notify the Committees within 10 days of any modification of such spend plan that exceeds five percent of the amount appropriated under the heading “Student Aid Administration”:

Provided further, That the FSA Next Generation Processing and Servicing Environment, or any new Federal student loan servicing environment, shall include accountability measures that account for the performance of the portfolio and contractor compliance with FSA guidelines.

Higher Education

For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Perkins Act, $3,283,296,000, of which $171,000,000 shall remain available through December 31, 2024:

Provided, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development:

Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities:

Provided further, That up to 1.5 percent of the funds made available under chapter 2 of subpart 2 of part A of title IV of the HEA may be used for evaluation:

Provided further, That section 313(d) of the HEA shall not apply to an institution of higher education that is eligible to receive funding under section 318 of the HEA:

Provided further, That amounts made available for carrying out section 419N of the HEA may be awarded notwithstanding the limitations in section 419N(b)(2) of the HEA:

Provided further, That of the amounts made available under this heading, $202,344,000 shall be used for the projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 302 of this Act:

Provided further, That of the funds made available under this Act to carry out part B of title III of the HEA, $3,000,000 shall be for grants to supplement amounts awarded to part B institutions that are junior or community colleges, as defined in section 312(f) of the HEA:

Provided further, That the supplemental funds described in the preceding proviso are in addition to any grant award that any institution may receive under section 323 of the HEA and shall be allocated in accordance with the allotments specified under section 324 of such Act.138 STAT. 690

Howard University

For partial support of Howard University, $304,018,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended.

College Housing and Academic Facilities Loans Program

For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, $298,000.

Historically
Loans.
Black College and University Capital Financing Program Account

For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2025:

Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $377,340,824:

Provided further, That these funds may be used to support loans to public and private Historically Black Colleges and Universities without regard to the limitations within section 344(a) of the HEA.

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $528,000.

Institute of Education Sciences

For necessary expenses for the Institute of Education Sciences as authorized by section 208 of the Department of Education Organization Act and carrying out activities authorized by the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $793,106,000, which shall remain available through September 30, 2025:

Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems:

Provided further, That up to $6,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, State, and national levels.138 STAT. 691

Departmental Management

program administration

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $419,907,000:

Provided, That, notwithstanding any other provision of law, none of the funds provided by this Act or provided by previous Appropriations Acts to the Department of Education available for obligation or expenditure in the current fiscal year may be used for any activity relating to implementing a reorganization that decentralizes, reduces the staffing level, or alters the responsibilities, structure, authority, or functionality of the Budget Service of the Department of Education, relative to the organization and operation of the Budget Service as in effect on January 1, 2018:

Provided further,

Expiration date.

That none of the funds provided by this Act may be used on or after August 15, 2024, to support a number of non-career employees that is above the number of non-career employees as of December 31, 2022.

office for civil rights

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $140,000,000.

office of inspector general

For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $67,500,000, of which $3,000,000 shall remain available through September 30, 2025.

General Provisions

Sec. 301.

Voluntary prayer.

Meditation.

No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

(transfer of funds)

Sec. 302.

Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer:

Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act:

Provided further,

Notifications.

Time period.

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer.

Sec. 303.

Time period.

Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2024, through September 30, 2025.138 STAT. 692

Sec. 304.

Scholarships.

(a)

An institution of higher education that maintains an endowment fund supported with funds appropriated for title III or V of the HEA for fiscal year 2024 may use the income from that fund to award scholarships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that income, subject to that limitation.

(b)

Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized.

Sec. 305.

Applicability.

20 USC 1011c note.

Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be applied by substituting “2024” for “2021”.

Sec. 306.

Applicability.

20 USC 1087h note.

Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall be applied by substituting “2024” for “2021”.

Sec. 307.

Funds appropriated in this Act under the heading “Student Aid Administration” may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).

Sec. 308.

Of the amounts made available in this title under the heading “Student Aid Administration”, $2,300,000 shall be used by the Secretary of Education to conduct outreach to borrowers of loans made under part D of title IV of the Higher Education Act of 1965 who may intend to qualify for loan cancellation under section 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and conditions of such loan cancellation:

Provided, That the Secretary shall specifically conduct outreach to assist borrowers who would qualify for loan cancellation under section 455(m) of such Act except that the borrower has made some, or all, of the 120 required payments under a repayment plan that is not described under section 455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying repayment plan:

Provided further, That the Secretary shall also communicate to all Direct Loan borrowers the full requirements of section 455(m) of such Act and improve the filing of employment certification by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website.

Sec. 309.

Evaluations.

Analysis.

Data.

The Secretary may reserve not more than 0.5 percent from any amount made available in this Act for an HEA program, except for any amounts made available for subpart 1 of part A of title IV of the HEA, to carry out rigorous and independent evaluations and to collect and analyze outcome data for any program authorized by the HEA:

Provided, That no funds made available in this Act for the “Student Aid Administration” account shall be subject to the reservation under this section:

Provided further, That any funds reserved under this section shall be available through September 30, 2026:

Provided further, That if, under any other provision of law, funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may also reserve funds for such program or project for the purposes described in this section so long as the total reservation of funds for such program or project does not exceed any statutory limits on such reservations:

Provided further,

Deadline.

Plan.

That 138 STAT. 693 not later than 30 days prior to the initial obligation of funds reserved under this section, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a plan that identifies the source and amount of funds reserved under this section, the impact on program grantees if funds are withheld for the purposes of this section, and the activities to be carried out with such funds.

Sec. 310.

In addition to amounts otherwise appropriated by this Act under the heading “Innovation and Improvement” for purposes authorized by the Elementary and Secondary Education Act of 1965, there are hereby appropriated an additional $88,084,000 which shall be used for the projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That none of the funds made available for such projects shall be subject to section 302 of this Act.

(including transfer of funds)

Sec. 311.

Of the amounts appropriated in this Act for “Institute of Education Sciences”, up to $20,000,000 shall be available for the Secretary of Education (“the Secretary”) to provide support services to the Institute of Education Sciences (including, but not limited to information technology services, lease or procurement of office space, human resource services, financial management services, financial systems support, budget formulation and execution, legal counsel, equal employment opportunity services, physical security, facilities management, acquisition and contract management, grants administration and policy, and enterprise risk management):

Provided, That the Secretary shall calculate the actual amounts obligated and expended for such support services by using a standard Department of Education methodology for allocating the cost of all such support services:

Provided further, That the Secretary may transfer any amounts available for IES support services in excess of actual amounts needed for IES support services, as so calculated, to the “Program Administration” account from the “Institute of Education Sciences” account:

Provided further, That in order to address any shortfall between amounts available for IES support services and amounts needed for IES support services, as so calculated, the Secretary may transfer necessary amounts to the “Institute of Education Sciences” account from the “Program Administration” account:

Provided further,

Notifications.

Time period.

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 14 days in advance of any transfer made pursuant to this section.

(rescission)

Sec. 312.

Deadline.

Of the unobligated balances in the “Department of Education Nonrecurring Expenses Fund” established in section 313 of division H of Public Law 116–260, $25,000,000 are hereby rescinded not later than September 30, 2024.

This title may be cited as the “

Department of Education Appropriations Act, 2024

”.138 STAT. 694

TITLE IV

RELATED AGENCIES

Committee for Purchase From People Who Are Blind or Severely Disabled

salaries and expenses

For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled (referred to in this title as “the Committee”) established under section 8502 of title 41, United States Code, $13,124,000:

Provided,

Contracts.

That in order to authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform requirements of the Committee as prescribed under section 51–3.2 of title 41, Code of Federal Regulations, the Committee shall enter into a written agreement with any such central nonprofit agency:

Provided further, That such agreement shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter 85 of title 41, United States Code:

Provided further, That such agreement shall include the elements listed under the heading “Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Elements” in the explanatory statement described in section 4 of Public Law 114–113 (in the matter preceding division A of that consolidated Act):

Provided further, That any such central nonprofit agency may not charge a fee under section 51–3.5 of title 41, Code of Federal Regulations, prior to executing a written agreement with the Committee:

Provided further, That no less than $3,150,000 shall be available for the Office of Inspector General.

Corporation for National and Community Service

operating expenses

For necessary expenses for the Corporation for National and Community Service (referred to in this title as “CNCS”) to carry out the Domestic Volunteer Service Act of 1973 (referred to in this title as “1973 Act”) and the National and Community Service Act of 1990 (referred to in this title as “1990 Act”), $975,525,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act:

Provided, That of the amounts provided under this heading: (1) up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle; (2) $19,538,000 shall be available to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $37,735,000 shall be available to carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be available for expenses authorized under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of section 198P shall be awarded by CNCS on a competitive basis:

Provided further,

Determination.

That for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need by the local community.

138 STAT. 695

payment to the national service trust

(including rescission and transfer of funds)

For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $180,000,000, to remain available until expended:

Provided,

Determination.

Notice.

That CNCS may transfer additional funds from the amount provided within “Operating Expenses” allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That amounts appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b):

Provided further, That of the discretionary unobligated balances from amounts made available in prior appropriations Acts to the National Service Trust, $243,000,000 are hereby permanently rescinded, except that no amounts may be rescinded from amounts that were previously designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

salaries and expenses

For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $99,686,000.

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $7,595,000.

administrative provisions

Sec. 401.

Notice.

Public information.

CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2024, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information.

Sec. 402.

Requirements.

Time period.

42 USC 12571 note.

AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject 138 STAT. 696 to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations.

Sec. 403.

Donations.

Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations.

Sec. 404.

In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act.

Sec. 405.

For the purpose of carrying out section 189D of the 1990 Act—

(1)

entities described in paragraph (a) of such section shall be considered “qualified entities” under section 3 of the National Child Protection Act of 1993 (“NCPA”);

(2)

individuals described in such section shall be considered “volunteers” under section 3 of NCPA; and

(3)

State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544.

Sec. 406.

Time periods.

Notwithstanding sections 139(b), 146, and 147 of the 1990 Act, an individual who successfully completes a term of service of not less than 1,200 hours during a period of not more than one year may receive a national service education award having a value of 70 percent of the value of a national service education award determined under section 147(a) of the Act.

Sec. 407.

Applicability.

Section 148(f)(2)(A)(i) of the 1990 Act shall be applied by substituting “an approved national service position” for “a national service program that receives grants under subtitle C”.

Corporation for Public Broadcasting

For payment to the Corporation for Public Broadcasting (“CPB”), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2026, $535,000,000:

Provided, That none of the funds made available to CPB by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees:

Provided further,

Discrimination.

That none of the funds made available to CPB by this Act shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex:

Provided further,

Political test.

That none of the funds made available to CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB.

In addition, for the costs associated with

replacing

and upgrading the public broadcasting interconnection system and other technologies and services that create infrastructure and efficiencies within the public media system, $60,000,000.138 STAT. 697

Federal Mediation and Conciliation Service

salaries and expenses
Fees.

For expenses necessary for the Federal Mediation and Conciliation Service (“Service”) to carry out the functions vested in it by the Labor-Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $53,705,000:

Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended:

Provided further, That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce:

Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director’s jurisdiction.

Federal Mine Safety and Health Review Commission

salaries and expenses

For expenses necessary for the Federal Mine Safety and Health Review Commission, $18,012,000.

Institute of Museum and Library Services

office of museum and library services: grants and administration

For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $294,800,000.

Medicaid and Chip Payment and Access Commission

salaries and expenses

For expenses necessary to carry out section 1900 of the Social Security Act, $9,405,000.

Medicare Payment Advisory Commission

salaries and expenses

For expenses necessary to carry out section 1805 of the Social Security Act, $13,824,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.138 STAT. 698

National Council on Disability

salaries and expenses

For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.

National Labor Relations Board

salaries and expenses

For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $299,224,000:

Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes.

administrative provision

Sec. 408.

Electronic voting.

None of the funds provided by this Act or previous Acts making appropriations for the National Labor Relations Board may be used to issue any new administrative directive or regulation that would provide employees any means of voting through any electronic means in an election to determine a representative for the purposes of collective bargaining.

National Mediation Board

salaries and expenses

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $15,113,000.

Occupational Safety and Health Review Commission

salaries and expenses

For expenses necessary for the Occupational Safety and Health Review Commission, $15,449,000.

Railroad Retirement Board

dual benefits payments account

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $8,000,000, which shall include amounts becoming available in fiscal year 2024 pursuant to section 224(c)(1)(B) of Public Law 98–76; 138 STAT. 699 and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits:

Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year.

federal payments to the railroad retirement accounts

For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2025, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76.

limitation on administration

For necessary expenses for the Railroad Retirement Board (“Board”) for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $126,000,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund:

Provided, That notwithstanding section 7(b)(9) of the Railroad Retirement Act this limitation may be used to hire attorneys only through the excepted service:

Provided further, That the previous proviso shall not change the status under Federal employment laws of any attorney hired by the Railroad Retirement Board prior to January 1, 2013:

Provided further, That notwithstanding section 7(b)(9) of the Railroad Retirement Act, this limitation may be used to hire students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs using current excepted hiring authorities established by the Office of Personnel Management.

limitation on the office of inspector general

For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $14,000,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account.

Social Security Administration

payments to social security trust funds

For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $10,000,000.

supplemental security income program

For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603, section 212 of Public Law 93–138 STAT. 700 66, as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $45,365,042,000, to remain available until expended:

Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury:

Provided further, That not more than $91,000,000 shall be available for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act, and remain available through September 30, 2026.

For

Effective date.

Payments.

making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary.

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2025, $21,700,000,000, to remain available until expended.

limitation on administrative expenses

(including transfer of funds)

For necessary expenses, including the hire and purchase of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $14,075,978,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section:

Provided, That not less than $2,700,000 shall be for the Social Security Advisory Board:

Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal year 2024 not needed for fiscal year 2024 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure:

Provided further,

Notification.

That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to making unobligated balances available under the authority in the previous proviso:

Provided further,

Reimbursements.

That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made.

From funds provided under the first paragraph under this heading, not more than $1,851,000,000, to remain available through March 31, 2025, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of 138 STAT. 701 the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys:

Provided, That, of such amount, $273,000,000 is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit Control Act of 1985 and $1,578,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(B) of such Act:

Provided further,

Transfer authority.

That, of the additional new budget authority described in the preceding proviso, up to $15,100,000 may be transferred to the “Office of Inspector General”, Social Security Administration, for the cost of jointly operated co-operative disability investigation units:

Provided further, That such transfer authority is in addition to any other transfer authority provided by law:

Provided further,

Reports.

That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these funds, similar to the reports that were required by section 103(d)(2) of Public Law 104–121 for fiscal years 1996 through 2002:

Provided further, That none of the funds described in this paragraph shall be available for transfer or reprogramming except as specified in this paragraph.

In addition, $150,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66, which shall remain available until expended:

Provided, That to the extent that the amounts collected pursuant to such sections in fiscal year 2024 exceed $150,000,000, the amounts shall be available in fiscal year 2025 only to the extent provided in advance in appropriations Acts.

In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended.

office of inspector general

(including transfer of funds)

For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $32,000,000, together with not to exceed $82,665,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund:

Provided, That $2,000,000 shall remain available until expended for information technology modernization, including related hardware and software infrastructure and equipment, and for administrative expenses directly associated with information technology modernization.

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the “Limitation on Administrative Expenses”, Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available:

Provided,

Notices.

Time period.

That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer.

138 STAT. 702

TITLE V

GENERAL PROVISIONS

(transfer of funds)

Sec. 501.

The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated.

Sec. 502.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 503.

Propaganda.

Lobbying.

(a)

No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself.

(b)

No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government.

(c)

Gun control.

The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control.

Sec. 504.

The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for “Federal Mediation and Conciliation Service, Salaries and Expenses”; and the Chairman of the National Mediation Board 138 STAT. 703 is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for “National Mediation Board, Salaries and Expenses”.

Sec. 505.

(1)

the percentage of the total costs of the program or project which will be financed with Federal money;

(2)

the dollar amount of Federal funds for the project or program; and

(3)

percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.

Sec. 506.

Abortion.

(a)

None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion.

(b)

None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion.

(c)

Definition.

The term “

health benefits coverage

” means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement.

Sec. 507.

Abortion.

(a)

The limitations established in the preceding section shall not apply to an abortion—

(1)

if the pregnancy is the result of an act of rape or incest; or

(2)

in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.

(b)

Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State’s or locality’s contribution of Medicaid matching funds).

(c)

Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State’s or locality’s contribution of Medicaid matching funds).

(d)

(1)

Discrimination.

None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.

(2)

Definition.

In this subsection, the term “

health care entity

” includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.138 STAT. 704

Sec. 508.

Human embryos.

(a)

None of the funds made available in this Act may be used for—

(1)

the creation of a human embryo or embryos for research purposes; or

(2)

research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).

(b)

Definition.

For purposes of this section, the term “

human embryo or embryos

” includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

Sec. 509.

Drugs and drug abuse.

(a)

None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications.

(b)

The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.

Sec. 510.

Health and health care.

None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual’s capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.

Sec. 511.

Contracts.

Reports.

None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if—

(1)

such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and

(2)

such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity.

Sec. 512.

Sec. 513.

Certifications.

None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children’s Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section.

Sec. 514.

Consultations.

Time periods.

Notifications.

(a)

None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure 138 STAT. 705 in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that—

(1)

creates new programs;

(2)

eliminates a program, project, or activity;

(3)

increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;

(4)

relocates an office or employees;

(5)

reorganizes or renames offices;

(6)

reorganizes programs or activities; or

(7)

contracts out or privatizes any functions or activities presently performed by Federal employees;

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming.

(b)

None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that—

(1)

augments existing programs, projects (including construction projects), or activities;

(2)

reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or

(3)

results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress;

Sec. 515.

Political disclosure.

(a)

None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved.

(b)

None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading.

Sec. 516.

Deadline.

Operating plan.

Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2024 that are different than those specified in this Act, the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) or the fiscal year 2024 budget request.138 STAT. 706

Sec. 517.

Reports.

Contracts.

Grants.

The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000, individually or in total for a particular project, activity, or programmatic initiative, in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2024, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted.

Sec. 518.

None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant’s number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act.

Sec. 519.

Mexico.

None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement.

Sec. 520.

Pornography.

(a)

None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b)

Sec. 521.

For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures:

(1)

the operating divisions of HHS shall be considered independent agencies; and

(2)

attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals.

Sec. 522.

Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at United States taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency.138 STAT. 707

Sec. 523.

(a)

Applicability.

Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76, except that in carrying out such Pilots section 526 shall be applied by substituting “Fiscal Year 2024” for “Fiscal Year 2014” in the title of subsection (b) and by substituting “September 30, 2028” for “September 30, 2018” each place it appears:

Provided, That such pilots shall include communities that have experienced civil unrest.

(b)

In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76, section 524 of division G of Public Law 113–235, section 525 of division H of Public Law 114–113, section 525 of division H of Public Law 115–31, section 525 of division H of Public Law 115–141, section 524 of division A of Public Law 116–94, section 524 of division H of Public Law 116–260, section 523 of division H of Public Law 117–103,and section 523 of division H of Public Law 117–328.

(c)

Time period.

Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities.

Sec. 524.

Effective date.

Reports.

31 USC 1502 note.

Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2024 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a report on the status of balances of appropriations:

Provided, That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall separately identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived.

Sec. 525.

Lists.

Grants.

Deadline.

Time period.

The Departments of Labor, Health and Human Services, and Education shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or competitive grant award notifications, including supplements, issued at the discretion of such Departments not less than 3 full business days before any entity selected to receive a grant award is announced by the Department or its offices (other than emergency response grants at any time of the year or for grant awards made during the last 10 business days of the fiscal year, or if applicable, of the program year).

Sec. 526.

Needles.

Syringes.

Drugs and drug abuse.

Notwithstanding any other provision of this Act, no funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug:

Provided,

Determination.

Hepatitis.

HIV.

That such limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law.

138 STAT. 708

Sec. 527.

Deadline.

Each department and related agency funded through this Act shall provide answers to questions submitted for the record by members of the Committee within 45 business days after receipt.

Sec. 528.

Of amounts deposited in the Child Enrollment Contingency Fund under section 2104(n)(2) of the Social Security Act and the income derived from investment of those funds pursuant to section 2104(n)(2)(C) of that Act, $14,224,000,000 shall not be available for obligation in this fiscal year.

(rescission)

Sec. 529.

Of the unobligated balances of funds made available by sections 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501, 2502, 2704, 3101 and 9911 of the American Rescue Plan Act of 2021 (Public Law 117–2), $4,309,000,000 are hereby rescinded:

Provided, That

Reports.

not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the unobligated balances rescinded pursuant to this section by both account and amount from each applicable appropriation in Public Law 117–2.

(rescission)

Sec. 530.

Of the unobligated balances of amounts made available in section 10301(1)(A)(ii) of Public Law 117–169, $10,000,000,000 are hereby rescinded.

Sec. 531.

Applicability.

(a)

This section applies to: (1) the Administration for Children and Families in the Department of Health and Human Services; and (2) the Chief Evaluation Office and the statistical-related cooperative and interagency agreements and contracting activities of the Bureau of Labor Statistics in the Department of Labor.

(b)

Amounts made available under this Act which are either appropriated, allocated, advanced on a reimbursable basis, or transferred to the functions and organizations identified in subsection (a) for research, evaluation, or statistical purposes shall be available for obligation through September 30, 2028:

Provided, That when an office referenced in subsection (a) receives research and evaluation funding from multiple appropriations, such offices may use a single Treasury account for such activities, with funding advanced on a reimbursable basis.

(c)

Amounts referenced in subsection (b) that are unexpended at the time of completion of a contract, grant, or cooperative agreement may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which such amounts are available.

This division may be cited as the “

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024

”.138 STAT. 709

DIVISION E—

Legislative Branch Appropriations Act, 2024.

LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2024

TITLE I

2 USC 60a note.

LEGISLATIVE BRANCH

SENATE

Expense Allowances

For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority Conference Committees, $5,000 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $5,000 for each Chairman; in all, $195,000.

For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000.

Salaries, Officers and Employees

For compensation of officers, employees, and others as authorized by law, including agency contributions, $277,838,000, which shall be paid from this appropriation as follows:

office of the vice president

For the Office of the Vice President, $3,000,000.

office of the president pro tempore

For the Office of the President Pro Tempore, $843,000.

office of the president pro tempore emeritus

For the Office of the President Pro Tempore Emeritus, $364,000.

offices of the majority and minority leaders

For Offices of the Majority and Minority Leaders, $6,272,000.

offices of the majority and minority whips

For Offices of the Majority and Minority Whips, $3,934,000.

committee on appropriations

For salaries of the Committee on Appropriations, $19,319,000.

conference committees

For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $1,914,000 for each such committee; in all, $3,828,000.138 STAT. 710

offices of the secretaries of the conference of the majority and the conference of the minority

For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $952,000.

policy committees

For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,955,000 for each such committee; in all, $3,910,000.

office of the chaplain

For Office of the Chaplain, $606,000.

office of the secretary

For Office of the Secretary, $30,288,000.

office of the sergeant at arms and doorkeeper

For Office of the Sergeant at Arms and Doorkeeper, $115,875,000.

offices of the secretaries for the majority and minority

For Offices of the Secretary for the Majority and the Secretary for the Minority, $2,644,000.

agency contributions and related expenses

For agency contributions for employee benefits, as authorized by law, and related expenses, $86,003,000.

Office of the Legislative Counsel of the Senate

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $8,650,000.

Office of Senate Legal Counsel

For salaries and expenses of the Office of Senate Legal Counsel, $1,365,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate

For expense allowances of the Secretary of the Senate, $7,500; Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the Majority of the Senate, $7,500; Secretary for the Minority of the Senate, $7,500; in all, $30,000.

Contingent Expenses of the Senate

inquiries and investigations

For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the 138 STAT. 711 Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 (Public Law 96–304), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980, $174,000,000, of which $17,400,000 shall remain available until September 30, 2026.

u.s. senate caucus on international narcotics control

For expenses of the United States Senate Caucus on International Narcotics Control, $582,000.

secretary of the senate

For expenses of the Office of the Secretary of the Senate, $17,494,000, of which $12,994,000 shall remain available until September 30, 2028, and of which $4,500,000 shall remain available until expended:

Provided, That of the amounts made available under this heading, $112,000 shall be available for the requirements associated with Public Law 117–326.

sergeant at arms and doorkeeper of the senate

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $194,942,000, of which $185,442,000 shall remain available until September 30, 2028:

Provided, That of the amounts made available under this heading, $5,000,000, to remain available until expended, shall be for Senate hearing room audiovisual equipment; $2,500,000, to remain available until expended, shall be for a residential security system program; and $2,000,000, to remain available until expended, shall be for a joint audible warning system.

miscellaneous items

For miscellaneous items, $26,517,000 which shall remain available until September 30, 2026.

senators’ official personnel and office expense account

For Senators’ Official Personnel and Office Expense Account, $552,600,000, of which $20,128,000 shall remain available until September 30, 2026, and of which $7,000,000 shall be allocated solely for the purpose of providing financial compensation to Senate interns.

official mail costs

For expenses necessary for official mail costs of the Senate, $300,000.

Administrative Provisions

requiring amounts remaining in senators’ official personnel and office expense account to be used for deficit reduction or to reduce the federal debt

Sec. 101.

Notwithstanding any other provision of law, any amounts appropriated under this Act under the heading “SENATE—Contingent Expenses of the Senate—senators’ 138 STAT. 712 official personnel and office expense account” shall be available for obligation only during the fiscal year or fiscal years for which such amounts are made available. Any unexpended balances under such allowances remaining after the end of the period of availability shall be returned to the Treasury in accordance with the undesignated paragraph under the center heading “GENERAL PROVISION” under chapter XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate).

number of consultants

Sec. 102.

Section 101(a) of the Supplemental Appropriations Act, 1977 (2 U.S.C. 6501(a))

is amended

, in the first sentence, by

striking

“nine” and

inserting

“12”.

availability of authority of executive agencies to use appropriated amounts for child care to the united states senate

Sec. 103.

(a)

Section 590(g) of title 40, United States Code,

is amended

adding

at the end the following:

“(7)

Application to senate.—

This subsection shall apply with respect to the Senate in the same manner as it applies to an Executive agency, except that—

“(A)

the authority granted to the Office of Personnel Management shall be exercised with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and

“(B)

amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives.”

(b)

40 USC 590 note.

Effective Date.—

The amendments made by this section shall apply with respect to fiscal year 2024 and each succeeding fiscal year.

security of office space rented by senators

Sec. 104.

Section 3 of the Legislative Branch Appropriations Act, 1975 (2 U.S.C. 6317)

is amended

—

(1)

in subsection (b)—

(A)

redesignating

paragraphs (1) through (12) as subparagraphs (A) through (L), respectively;

(B)

striking

“The aggregate” and

inserting

“(1) Subject to paragraph (2), the aggregate”; and

(C)

adding

at the end the following:

“(2)

The aggregate square feet of an office space for purposes of paragraph (1) shall not include any portion of the office space used for security or safety enhancements that are—

“(A)

of a kind authorized by the Committee on Rules and Administration of the Senate, which shall include an information technology security closet and a secure lobby or reception area; and

“(B)

approved by the Sergeant at Arms and Doorkeeper of the Senate.”

; and138 STAT. 713

(2)

in subsection (c)(1)—

(A)

striking

“The maximum” and

inserting

“(A) Subject to subparagraph (B), the maximum”; and

(B)

adding

at the end the following:

“(B)

The portion of the cost of a rental described in subparagraph (A) that is attributable to building security and safety measures shall not be included in determining the annual rate paid for the rental for purposes of subparagraph (A) if—

“(i)

the costs are for building security and safety measures—

“(I)

of a kind authorized by the Committee on Rules and Administration of the Senate, which shall include guard services, access control, and facility monitoring; and

“(II)

approved by the Sergeant at Arms and Doorkeeper of the Senate; and

“(ii)

such costs are itemized separately in a manner approved by the Sergeant at Arms and Doorkeeper of the Senate.”

HOUSE OF REPRESENTATIVES

Salaries and Expenses

For salaries and expenses of the House of Representatives, $1,850,998,000, as follows:

House Leadership Offices

For salaries and expenses, as authorized by law, $36,560,000, including: Office of the Speaker, $10,499,000, including $35,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $3,730,000, including $15,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $10,499,000, including $17,500 for official expenses of the Minority Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip, $3,099,000, including $5,000 for official expenses of the Majority Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $2,809,000, including $5,000 for official expenses of the Minority Whip; Republican Conference, $2,962,000; Democratic Caucus, $2,962,000:

Provided,

Time period.

That such amount for salaries and expenses shall remain available from January 3, 2024 until January 2, 2025.

Members’ Representational Allowances

including members’ clerk hire, official expenses of members, and official mail

For Members’ representational allowances, including Members’ clerk hire, official expenses, and official mail, $810,000,000.

Allowance for Compensation of Interns in Member Offices

For the allowance established under section 120 of the Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of interns who serve in the offices of Members of 138 STAT. 714 the House of Representatives, $20,638,800, to remain available through January 2, 2025:

Provided, That notwithstanding section 120(b) of such Act, an office of a Member of the House of Representatives may use not more than $46,800 of the allowance available under this heading during legislative year 2024.

Allowance for Compensation of Interns in House Leadership Offices

For the allowance established under section 113 of the Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of interns who serve in House leadership offices, $586,000, to remain available through January 2, 2025:

Provided, That of the amount provided under this heading, $322,300 shall be available for the compensation of interns who serve in House leadership offices of the majority, to be allocated among such offices by the Speaker of the House of Representatives, and $263,700 shall be available for the compensation of interns who serve in House leadership offices of the minority, to be allocated among such offices by the Minority Floor Leader.

Allowance for Compensation of Interns in House Standing, Special and Select Committee Offices

For the allowance established under section 113(a)(1) of the Legislative Branch Appropriations Act, 2022 (Public Law 117–103) for the compensation of interns who serve in offices of standing, special, and select committees (other than the Committee on Appropriations), $2,600,000, to remain available through January 2, 2025:

Provided, That of the amount provided under this heading, $1,300,000 shall be available for the compensation of interns who serve in offices of the majority, and $1,300,000 shall be available for the compensation of interns who serve in offices of the minority, to be allocated among such offices by the Chair, in consultation with the ranking minority member, of the Committee on House Administration.

Allowance for Compensation of Interns in House Appropriations Committee Offices

For the allowance established under section 113(a)(2) of the Legislative Branch Appropriations Act, 2022 (Public Law 117–103) for the compensation of interns who serve in offices of the Committee on Appropriations, $463,000:

Provided, That of the amount provided under this heading, $231,500 shall be available for the compensation of interns who serve in offices of the majority, and $231,500 shall be available for the compensation of interns who serve in offices of the minority, to be allocated among such offices by the Chair, in consultation with the ranking minority member, of the Committee on Appropriations.

Committee Employees

Standing Committees, Special and Select

For salaries and expenses of standing committees, special and select, authorized by House resolutions, $180,587,000:

Provided, That such amount shall remain available for such salaries and 138 STAT. 715 expenses until December 31, 2024, except that $5,800,000 of such amount shall remain available until expended for committee room upgrading.

Committee on Appropriations

For salaries and expenses of the Committee on Appropriations, $31,294,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed:

Provided, That such amount shall remain available for such salaries and expenses until December 31, 2024.

Salaries, Officers and Employees

For compensation and expenses of officers and employees, as authorized by law, $324,879,000, including: for salaries and expenses of the Office of the Clerk, including the positions of the Chaplain and the Historian, and including not more than $25,000 for official representation and reception expenses, of which not more than $20,000 is for the Family Room and not more than $2,000 is for the Office of the Chaplain, $41,455,000, of which $9,000,000 shall remain available until expended; for salaries and expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official representation and reception expenses, $38,793,000, of which $22,232,000 shall remain available until expended; for salaries and expenses of the Office of the Chief Administrative Officer including not more than $3,000 for official representation and reception expenses, $213,072,000, of which $26,477,000 shall remain available until expended; for salaries and expenses of the Office of the Whistleblower Ombuds, $1,250,000; for salaries and expenses of the Office of the Inspector General, $5,512,000; for salaries and expenses of the Office of General Counsel, $1,987,000; for salaries and expenses of the Office of the Parliamentarian, including the Parliamentarian, $2,000 for preparing the Digest of Rules, and not more than $1,000 for official representation and reception expenses, $2,240,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $3,900,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $14,671,000, of which $2,000,000 shall remain available until expended; for salaries and expenses of the Office of Interparliamentary Affairs, $934,000; for other authorized employees, $1,065,000.

Allowances and Expenses

For allowances and expenses as authorized by House resolution or law, $433,390,200, including: supplies, materials, administrative costs and Federal tort claims, $1,555,000; official mail for committees, leadership offices, and administrative offices of the House, $190,000; Government contributions for health, retirement, Social Security, contractor support for actuarial projections, and other applicable employee benefits, $392,368,200, to remain available until March 31, 2025, except that $37,000,000 of such amount shall remain available until expended; salaries and expenses for 138 STAT. 716 Business Continuity and Disaster Recovery, $27,264,000, of which $6,000,000 shall remain available until expended; transition activities for new members and staff, $5,895,000, to remain available until expended; Green and Gold Congressional Aide Program, $3,356,000, to remain available until expended; Office of Congressional Ethics, $1,762,000; and miscellaneous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $1,000,000.

House of Representatives Modernization Initiatives
Approval.
Account

For the House of Representatives Modernization Initiatives Account established under section 115 of the Legislative Branch Appropriations Act, 2021 (2 U.S.C. 5513), $10,000,000, to remain available until expended:

Provided, That disbursement from this account is subject to approval of the Committee on Appropriations of the House of Representatives:

Provided further, That funds provided in this account shall only be used for initiatives approved by the Committee on House Administration.

Administrative Provisions

requiring amounts remaining in members’ representational allowances to be used for deficit reduction or to reduce the federal debt

Sec. 110.

(a)

Notwithstanding any other provision of law, any amounts appropriated under this Act for “HOUSE OF REPRESENTATIVES—Salaries and Expenses—members’ representational allowances” shall be available only for fiscal year 2024. Any amount remaining after all payments are made under such allowances for fiscal year 2024 shall be deposited in the Treasury and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate).

(b)

Regulations.

The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section.

(c)

Definition.

As used in this section, the term “

Member of the House of Representatives

” means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

limitation on amount available to lease vehicles

Sec. 111.

None of the funds made available in this Act may be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile district offices, in an aggregate amount that exceeds $1,000 for the vehicle in any month.

cybersecurity assistance for house of representatives

Sec. 112.

The head of any Federal entity that provides assistance to the House of Representatives in the House’s efforts to deter, prevent, mitigate, or remediate cybersecurity risks to, and 138 STAT. 717 incidents involving, the information systems of the House shall take all necessary steps to ensure the constitutional integrity of the separate branches of the government at all stages of providing the assistance, including applying minimization procedures to limit the spread or sharing of privileged House and Member information.

JOINT ITEMS

For Joint Committees, as follows:

Joint Economic Committee

For salaries and expenses of the Joint Economic Committee, $4,283,000, to be disbursed by the Secretary of the Senate.

Joint Congressional Committee on Inaugural Ceremonies of 2025

For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United States, January 20, 2025, in accordance with such program as may be adopted by the joint congressional committee authorized to conduct the inaugural ceremonies of 2025, $3,675,000 to be disbursed by the Secretary of the Senate and to remain available until September 30, 2025:

Provided, That funds made available under this heading shall be available for payment, on a direct or reimbursable basis, whether incurred on, before, or after, October 1, 2024:

Provided further,

Reimbursement.

That the compensation of any employee of the Committee on Rules and Administration of the Senate who has been designated to perform service with respect to the inaugural ceremonies of 2025 shall continue to be paid by the Committee on Rules and Administration, but the account from which such staff member is paid may be reimbursed for the services of the staff member out of funds made available under this heading:

Provided further, That of the amounts made available under the heading “SENATE—Contingent Expenses of the Senate—inquiries and investigations”, there are authorized to be paid sums as may be necessary, without fiscal year limitation, for agency contributions related to the compensation of employees of the joint congressional committee.

Joint Committee on Taxation

For salaries and expenses of the Joint Committee on Taxation, $13,554,000, to be disbursed by the Chief Administrative Officer of the House of Representatives.

For other joint items, as follows:

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and their assistants, including:

(1)

an allowance of $3,500 per month to the Attending Physician;

(2)

an allowance of $2,500 per month to the Senior Medical Officer;138 STAT. 718

(3)

an allowance of $900 per month each to three medical officers while on duty in the Office of the Attending Physician;

(4)

an allowance of $900 per month to 2 assistants and $900 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and

(5)

Reimbursement.

$3,054,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $4,764,000, to be disbursed by the Chief Administrative Officer of the House of Representatives.

Office of Congressional Accessibility Services

Salaries and Expenses

For salaries and expenses of the Office of Congressional Accessibility Services, $1,766,000, to be disbursed by the Secretary of the Senate.

CAPITOL POLICE

Salaries

For

Notifications.

salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $588,627,000, of which overtime shall not exceed $74,976,000 unless the Committees on Appropriations of the House and Senate are notified, to be disbursed by the Chief of the Capitol Police or a duly authorized designee:

Provided, That of the amounts made available under this heading, at least $3,167,000 shall be available for overtime to support mission requirements associated with the national political conventions and pre-inauguration preparedness; and $15,000,000 shall be available for tuition reimbursement, recruitment and retention bonuses and other retention focused salary related items.

General Expenses

For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, Member protection-related activities and equipment, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Centers, and not more than $7,500 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $202,846,000, to be disbursed by the Chief of the Capitol Police or a duly authorized designee:

Provided, That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Centers for fiscal year 2024 shall be paid by the Secretary of Homeland Security from funds 138 STAT. 719 available to the Department of Homeland Security:

Provided further, That of the amounts made available under this heading, $3,200,000 shall be available to support mission requirements associated with the national political conventions and pre-inauguration preparedness:

Provided further,

Drones.

China.

That none of the amounts made available under this heading may be used to purchase a drone manufactured in the People’s Republic of China or by a business affiliated with the People’s Republic of China except for national security purposes.

OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

Salaries and Expenses

For salaries and expenses necessary for the operation of the Office of Congressional Workplace Rights, $8,150,000, of which $2,500,000 shall remain available until September 30, 2025, and of which not more than $1,000 may be expended on the certification of the Executive Director in connection with official representation and reception expenses.

CONGRESSIONAL BUDGET OFFICE

Salaries and Expenses

For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $70,000,000:

Provided, That the Director shall use not less than $500,000 of the amount made available under this heading for (1) improving technical systems, processes, and models for the purpose of improving the transparency of estimates of budgetary effects to Members of Congress, employees of Members of Congress, and the public, and (2) to increase the availability of models, economic assumptions, and data for Members of Congress, employees of Members of Congress, and the public.

ARCHITECT OF THE CAPITOL

Capital Construction and Operations

For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for all necessary expenses for surveys and studies, construction, operation, and general and administrative support in connection with facilities and activities under the care of the Architect of the Capitol, including the Botanic Garden, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; for furnishings and office equipment; for official reception and representation expenses of not more than $5,000, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $152,507,000, of which $3,100,000 shall remain available until September 30, 2028:

Provided, That $1,000,000 shall be for improvements to rooms for nursing mothers and related resources across the Capitol complex.138 STAT. 720

Capitol Building

For all necessary expenses for the maintenance, care and operation of the Capitol, $95,688,000, of which $46,599,000 shall remain available until September 30, 2028, and of which $17,000,000 shall remain available until expended.

Capitol Grounds

For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $16,600,000, of which $2,000,000 shall remain available until September 30, 2028.

Senate Office Buildings

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be expended under the control and supervision of the Architect of the Capitol, $138,751,000, of which $52,825,000 shall remain available until September 30, 2028, and of which $1,000,000 shall remain available until expended.

House Office Buildings

For all necessary expenses for the maintenance, care, and operation of the House office buildings, $166,426,000, of which an amount equal to the balance of the House Office Buildings Fund under section 176(d) of the Continuing Appropriations Act, 2017 (2 U.S.C. 2001 note) as of the date of the enactment of this Act shall be derived from such Fund, and of which $50,562,000 shall remain available until September 30, 2028, and of which $41,800,000 shall remain available until expended for the restoration and renovation of the Cannon House Office Building.

Capitol Power Plant

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; and all electrical substations of the Capitol; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Publishing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $148,650,000, of which $43,400,000 shall remain available until September 30, 2028:

Provided, That not more than $10,000,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 2024.138 STAT. 721

Library Buildings and Grounds

For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $94,978,000, of which $27,800,000 shall remain available until September 30, 2028; and of which $30,000,000 shall remain available until expended.

Capitol Police Buildings, Grounds and Security

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computing Facility, and Architect of the Capitol security operations, $85,207,000, of which $26,169,000 shall remain available until September 30, 2028:

Provided, That of such amount, $250,000 shall be for construction contingencies related to Project 116–DS:

Provided further,

Drones.

China.

Botanic Garden

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $20,506,000, of which $4,900,000 shall remain available until September 30, 2028:

Provided, That, of the amount made available under this heading, the Architect of the Capitol may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or a duly authorized designee.

Capitol Visitor Center

For all necessary expenses for the operation of the Capitol Visitor Center, $28,000,000.

Administrative Provision

no bonuses for contractors behind schedule or over budget

Sec. 120.

Determination.

None of the funds made available in this Act for the Architect of the Capitol may be used to make incentive or award payments to contractors for work on contracts or programs for which the contractor is behind schedule or over budget, unless the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program.138 STAT. 722

LIBRARY OF CONGRESS

Salaries and Expenses

For all necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library’s catalogs; custody and custodial care of the Library buildings; information technology services provided centrally; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $592,411,000, and, in addition, amounts credited to this appropriation during fiscal year 2024 under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available until expended:

Provided, That the Library of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts:

Provided further, That of the total amount appropriated, not more than $18,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses, including for the Overseas Field Offices:

Provided further, That of the total amount appropriated, no less than $10,360,000 shall remain available until expended for the Teaching with Primary Sources program, of which $2,379,000 shall be for the Lewis-Houghton Civics and Democracy Initiative:

Provided further, That of the total amount appropriated, $1,509,000 shall remain available until expended for upgrade of the Legislative Branch Financial Management System:

Provided further, That of the total amount appropriated, no less than $150,000 shall remain available until expended for the Surplus Books Program to promote the program and facilitate a greater number of donations to eligible entities across the United States:

Provided further, That of the total amount appropriated, $4,205,000 shall remain available until expended for the Veterans History Project to continue digitization efforts of already collected materials, reach a greater number of veterans to record their stories, and promote public access to the Project:

Provided further, That of the total amount appropriated, $1,500,000 shall remain available until expended for the COVID–19 American History Project:

Provided further, That of such amount, $5,000,000 shall be available until expended for the development and implementation of a pilot data storage and migration method initiative.

Copyright Office

salaries and expenses

For all necessary expenses of the Copyright Office, $103,128,000, of which not more than $38,025,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2024 under sections 708(d) and 1316 of title 17, United States Code:

Provided, That the Copyright Office may not obligate or expend any funds derived from 138 STAT. 723 collections under such section in excess of the amount authorized for obligation or expenditure in appropriations Acts:

Provided further, That not more than $7,566,000 shall be derived from collections during fiscal year 2024 under sections 111(d)(2), 119(b)(3), 803(e), and 1005 of such title:

Provided further,

Reduction.

That the total amount available for obligation shall be reduced by the amount by which collections are less than $45,591,000:

Provided further, That of the funds provided under this heading, not less than $10,300,000 is for modernization initiatives, of which $9,300,000 shall remain available until September 30, 2025:

Provided further, That not more than $100,000 of the amount appropriated is available for the maintenance of an “International Copyright Institute” in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies:

Provided further, That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars:

Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright Office pursuant to sections 111, 119, and chapter 10 of such title may be used for the costs incurred in the administration of the Copyright Royalty Judges program, with the exception of the costs of salaries and benefits for the Copyright Royalty Judges and staff under section 802(e).

Congressional Research Service

salaries and expenses

For all necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $136,080,000:

Provided,

Advance approvals.

That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate:

Provided further, That this prohibition does not apply to publication of non-confidential Congressional Research Service (CRS) products:

Provided further, That a non-confidential CRS product includes any written product containing research or analysis that is currently available for general congressional access on the CRS Congressional Intranet, or that would be made available on the CRS Congressional Intranet in the normal course of business and does not include material prepared in response to Congressional requests for confidential analysis or research.

National Library Service for the Blind and Print Disabled

salaries and expenses

For all necessary expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $66,130,000: 138 STAT. 724

Provided, That of the total amount appropriated, $650,000 shall be available to contract to provide newspapers to blind and print disabled residents at no cost to the individual.

Administrative Provision

reimbursable and revolving fund activities

Sec. 130.

(a)

In General.—

For fiscal year 2024, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $324,110,000.

(b)

Activities.—

The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch.

GOVERNMENT PUBLISHING OFFICE

Congressional Publishing

(including transfer of funds)

For authorized publishing of congressional information and the distribution of congressional information in any format; publishing of Government publications authorized by law to be distributed to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $83,000,000:

Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code:

Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years:

Provided further,

Time period.

That notwithstanding the 2-year limitation under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, United States Code, may be expended to print a document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code:

Provided further,

Deadline.

Approval.

Time period.

That unobligated or unexpended balances of expired discretionary funds made available under this heading in this Act for this fiscal year may be transferred to, and merged with, funds under the heading “Government Publishing Office Business Operations Revolving Fund” no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated, to be available for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and the Senate:

Provided further, That notwithstanding sections 901, 902, and 906 of title 44, United States Code, this appropriation may be used to prepare indexes to the Congressional Record on only a monthly and session basis.

138 STAT. 725

Public Information Programs of the Superintendent of Documents

salaries and expenses

(including transfer of funds)

For expenses of the public information programs of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format, and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $37,388,000:

Provided, That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for the preceding two fiscal years to depository and other designated libraries:

Provided further,

Deadline.

Approvals.

Government Publishing Office Business Operations Revolving Fund

For payment to the Government Publishing Office Business Operations Revolving Fund, $11,611,000, to remain available until expended, for information technology development and facilities repair:

Provided,

Contracts.

That the Government Publishing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund:

Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in connection with official representation and reception expenses:

Provided further, That the Business Operations Revolving Fund shall be available for the hire or purchase of not more than 12 passenger motor vehicles:

Provided further, That expenditures in connection with travel expenses of the advisory councils to the Director of the Government Publishing Office shall be deemed necessary to carry out the provisions of title 44, United States Code:

Provided further, That the Business Operations Revolving Fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title:

Provided further, That activities financed through the Business Operations Revolving Fund may provide information in 138 STAT. 726 any format:

Provided further, That the Business Operations Revolving Fund and the funds provided under the heading “Public Information Programs of the Superintendent of Documents” may not be used for contracted security services at Government Publishing Office’s passport facility in the District of Columbia.

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $811,894,000, of which $5,000,000 shall remain available until expended:

Provided, That, in addition, $73,976,000 of payments received under sections 782, 791, 3521, and 9105 of title 31, United States Code, shall be available without fiscal year limitation:

Provided further,

Determination.

That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum’s costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants:

Provided further,

Reimbursements.

That payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially financed.

CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND

For a payment to the Congressional Office for International Leadership Fund for financing activities of the Congressional Office for International Leadership under section 313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000:

Provided,

Russia.

That funds made available to support Russian participants shall only be used for those engaging in free market development, humanitarian activities, and civic engagement, and shall not be used for officials of the central government of Russia.

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

For payment to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act (2 U.S.C. 1105), $430,000.138 STAT. 727

TITLE II

GENERAL PROVISIONS

maintenance and care of private vehicles

Sec. 201.

No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration.

fiscal year limitation

Sec. 202.

No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2024 unless expressly so provided in this Act.

rates of compensation and designation

Sec. 203.

Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto:

Provided, That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto.

consulting services

Sec. 204.

Contracts.

Public information.

The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law.

costs of legislative branch financial managers council

Sec. 205.

Determination.

Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000.

limitation on transfers

Sec. 206.

None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made 138 STAT. 728 by, or transfer authority provided in, this Act or any other appropriation Act.

guided tours of the capitol

Sec. 207.

(a)

Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).

(b)

Approval.

At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol.

limitation on telecommunications equipment procurement

Sec. 208.

(a)

Huawei Technologies Company.

ZTE Corporation.

Reviews.

None of the funds appropriated or otherwise made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation for a high or moderate impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency, office, or other entity acquiring the equipment or system has—

(1)

reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems within the Federal Government;

(2)

reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and

(3)

Assessment.

Cyber threats.

Foreign countries.

in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation.

(b)

None of the funds appropriated or otherwise made available under this Act may be used to acquire a high or moderate impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has—138 STAT. 729

(1)

Mitigation strategy.

developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks;

(2)

Determination.

determined, in consultation with NIST and the Federal Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system is in the vital national security interest of the United States; and

(3)

Reports.

reported that determination to the Committees on Appropriations of the House of Representatives and the Senate in a manner that identifies the telecommunications equipment for inclusion in a high or moderate impact system intended for acquisition and a detailed description of the mitigation strategies identified in paragraph (1), provided that such report may include a classified annex as necessary.

prohibition on certain operational expenses

Sec. 209.

(a)

Pornography.

None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b)

plastic waste reduction

Sec. 210.

Contracts.

All agencies and offices funded by this Act that contract with a food service provider or providers shall confer and coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities.

This division may be cited as the “

Legislative Branch Appropriations Act, 2024

”.

DIVISION F—

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024.
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2024

TITLE I

DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic programs

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $9,413,107,000, of which $839,910,000 may remain available until September 30, 2025, and of which up to $3,813,707,000 may remain available until expended 138 STAT. 730 for Worldwide Security Protection:

Provided,

Allocations.

That funds made available under this heading shall be allocated in accordance with paragraphs (1) through (4), as follows:

(1)

Human resources.—

For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,336,128,000, of which up to $684,767,000 is for Worldwide Security Protection.

(2)

Overseas programs.—

For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,828,155,000.

(3)

Diplomatic policy and support.—

For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation, and disarmament activities as authorized, $1,091,879,000.

(4)

Security programs.—

For necessary expenses for security activities, $3,156,945,000, of which up to $3,128,940,000 is for Worldwide Security Protection.

(5)

Reprogramming.—

Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act.

consular and border security programs

Of the amounts deposited in the Consular and Border Security Programs account in this or any prior fiscal year pursuant to section 7069(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103), $50,000,000 shall be available until expended for the purposes of such account, including to reduce passport backlogs and reduce visa wait times:

Provided,

Regulations.

Fees.

That the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service.

capital investment fund

For necessary expenses of the Capital Investment Fund, as authorized, $389,000,000, to remain available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General, $131,670,000, of which $16,025,000 may remain available until September 30, 2025, and of which $24,835,000 may remain available until September 30, 2025 for the Special Inspector General for Afghanistan Reconstruction (SIGAR):

Provided, That funds appropriated under this heading are made available notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 138 STAT. 731 3929(a)(1)), as it relates to post inspections:

Provided further, That funds appropriated under this heading that are made available for the printing and reproduction costs of SIGAR shall not exceed amounts for such costs during the prior fiscal year.

educational and cultural exchange programs

For necessary expenses of educational and cultural exchange programs, as authorized, $741,000,000, to remain available until expended, of which not less than $287,800,000 shall be for the Fulbright Program:

Provided, That fees or other payments received from, or in connection with, English teaching, educational advising and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until expended:

Provided further,

Fellowships and scholarships.

Consultation.

That a portion of the Fulbright awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation with the Committees on Appropriations:

Provided further, That funds appropriated under this heading that are made available for the Benjamin Gilman International Scholarships Program shall also be made available for the John S. McCain Scholars Program, pursuant to section 7075 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6):

Provided further,

Consultation.

Notification.

That any substantive modifications from the prior fiscal year to programs funded under this heading in this Act shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

representation expenses

For representation expenses as authorized, $7,415,000.

protection of foreign missions and officials

For necessary expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2025.

embassy security, construction, and maintenance

For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining, repairing, and planning for real property that are owned or leased by the Department of State, and renovating, in addition to funds otherwise available, the Harry S Truman Building, $902,615,000, to remain available until September 30, 2028, of which not to exceed $25,000 may be used for overseas representation expenses as authorized:

Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies of the United States Government.

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,055,206,000, to remain available until expended.138 STAT. 732

emergencies in the diplomatic and consular service

For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $8,885,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading “Repatriation Loans Program Account”.

repatriation loans program account

For the cost of direct loans, $1,800,000, as authorized:

Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That such funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $5,167,004.

payment to the american institute in taiwan

For necessary expenses to carry out the Taiwan Relations Act (Public Law 96–8), $35,964,000.

international center, washington, district of columbia

Not to exceed $1,842,732 shall be derived from fees collected from other executive agencies for lease or use of facilities at the International Center in accordance with section 4 of the International Center Act (Public Law 90–553), and, in addition, as authorized by section 5 of such Act, $744,000, to be derived from the reserve authorized by such section, to be used for the purposes set out in that section.

payment to the foreign service retirement and disability fund

For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000.

International
22 USC 269a note.
Organizations

contributions to international organizations

For

United Nations.

Notifications.

necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,543,452,000, of which $96,240,000 may remain available until September 30, 2025:

Provided,

Budget.

That the Secretary of State shall, at the time of the submission of the President’s budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations:

Provided further,

Time period.

That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget:

Provided further, That any payment 138 STAT. 733 of arrearages under this heading shall be directed to activities that are mutually agreed upon by the United States and the respective international organization and shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings:

Provided further, That funds made available under this heading may be made available for United States contributions in support of the International Energy Forum.

contributions for international peacekeeping activities
United Nations.

For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,367,407,000, of which $683,704,000 may remain available until September 30, 2025:

Provided,

Time period.

Notifications.

Cost estimates.

That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for such mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and duration of the mission, the objectives of the mission, the national interest that will be served, and the exit strategy; and (2) the sources of funds, including any reprogrammings or transfers, that will be used to pay the cost of the new or expanded mission, and the estimated cost in future fiscal years:

Provided further, That

Certification.

Reports.

Human rights.

Public information.

Web posting.

none of the funds appropriated under this heading may be made available for obligation unless the Secretary of State certifies and reports to the Committees on Appropriations on a peacekeeping mission-by-mission basis that the United Nations is implementing effective policies and procedures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in such mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation and abuse or other violations of human rights, and to hold accountable individuals who engage in such acts while participating in such mission, including prosecution in their home countries and making information about such prosecutions publicly available on the website of the United Nations:

Provided further,

Procedures.

Human rights.

That the Secretary of State shall work with the United Nations and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights:

Provided further,

Determination.

That funds shall be available for peacekeeping expenses unless the Secretary of State determines that United States manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers:

Provided further,

President.

Recommenda-

tions.

That none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President’s 138 STAT. 734 military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United States and the President has submitted to Congress such a recommendation:

Provided further,

Notifications.

That any payment of arrearages with funds appropriated by this Act shall be subject to the regular notification procedures of the Committees on Appropriations.

International Commissions
22 USC 269a note.

For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:

international boundary and water commission,
Compliance.
united states and mexico

For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses, as follows:

salaries and expenses

For salaries and expenses, not otherwise provided for, $64,800,000, of which $9,720,000 may remain available until September 30, 2025.

construction

For detailed plan preparation and construction of authorized projects, $156,050,000, to remain available until expended, as authorized:

Provided,

Transfer authority.

Consultation.

Notification.

That of the funds appropriated under this heading in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for the United States Section, up to $5,000,000 may be transferred to, and merged with, funds appropriated under the heading “Salaries and Expenses” to carry out the purposes of the United States Section, which shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided further, That such transfer authority is in addition to any other transfer authority provided in this Act.

american sections, international commissions

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for technical assistance grants and the Community Assistance Program of the North American Development Bank, $16,204,000:

Provided, That of the amount provided under this heading for the International Joint Commission, up to $1,250,000 may remain available until September 30, 2025, and up to $9,000 may be made available for representation expenses:

Provided further, That of the amount provided under this heading for the International Boundary Commission, up to $1,000 may be made available for representation expenses.138 STAT. 735

international fisheries commissions

For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $65,719,000:

Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to section 3324 of title 31, United States Code.

RELATED AGENCY

United States Agency for Global Media

international broadcasting operations

For necessary expenses to enable the United States Agency for Global Media (USAGM), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East, $857,214,000, of which $42,861,000 may remain available until September 30, 2025:

Provided, That in addition to amounts otherwise available for such purposes, up to $75,722,000 of the amount appropriated under this heading may remain available until expended for satellite transmissions, global network distribution, and Internet freedom programs, of which not less than $43,500,000 shall be for Internet freedom programs:

Provided further, That of the total amount appropriated under this heading, not to exceed $35,000 may be used for representation expenses, of which $10,000 may be used for such expenses within the United States as authorized, and not to exceed $30,000 may be used for representation expenses of Radio Free Europe/Radio Liberty:

Provided further, That

Allocations.

funds appropriated under this heading shall be allocated in accordance with the table included under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided

Notifications.

further, That notwithstanding the previous proviso, funds may be reprogrammed within and between amounts designated in such table, subject to the regular notification procedures of the Committees on Appropriations, except that no such reprogramming may reduce a designated amount by more than 5 percent:

Provided further, That funds appropriated under this heading shall be made available in accordance with the principles and standards set forth in section 303(a) and (b) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act (22 U.S.C. 6204):

Provided further,

Notifications.

Deadline.

Determination.

Terrorism.

That the USAGM Chief Executive Officer shall notify the Committees on Appropriations within 15 days of any determination by the USAGM that any of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth in section 303(a) and (b) of such Act or the entity’s journalistic code of ethics:

Provided further, That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, shall remain available until expended for carrying out authorized purposes:

Provided further, 138 STAT. 736 That

Notifications.

significant modifications to USAGM broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and television), for all USAGM language services shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further,

Transfer authority.

That up to $7,000,000 from the USAGM Buying Power Maintenance account may be transferred to, and merged with, funds appropriated by this Act under the heading “International Broadcasting Operations”, which shall remain available until expended:

Provided further,

Consultation.

Notifications.

That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law and shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

broadcasting capital improvements

For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such purposes, $9,700,000, to remain available until expended, as authorized.

RELATED PROGRAMS

The Asia Foundation

For a grant to The Asia Foundation, as authorized by The Asia Foundation Act (22 U.S.C. 4402), $22,000,000, to remain available until expended.

United States Institute of Peace

For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act (22 U.S.C. 4601 et seq.), $55,000,000, to remain available until September 30, 2025, which shall not be used for construction activities.

Center for Middle Eastern-Western Dialogue Trust Fund

For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2024, to remain available until expended.

Eisenhower Exchange Fellowship Program

For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2024, to remain 138 STAT. 737 available until expended:

Provided,

Salaries.

Compensation.

Contracts.

That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by section 5376 of title 5, United States Code; or for purposes which are not in accordance with section 200 of title 2 of the Code of Federal Regulations, including the restrictions on compensation for personal services.

Israeli Arab Scholarship Program

For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2024, to remain available until expended.

East-West Center

To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $22,000,000.

National Endowment for Democracy

For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C. 4412), $315,000,000, to remain available until expended, of which $210,316,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $104,684,000 shall be for democracy programs:

Provided, That the requirements of section 7062(a) of this Act shall not apply to funds made available under this heading.

OTHER COMMISSIONS

Commission for the Preservation of America’s Heritage Abroad

salaries and expenses

For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, as authorized by chapter 3123 of title 54, United States Code, $770,000, of which $116,000 may remain available until September 30, 2025:

Provided,

Contracts.

That the Commission may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter:

Provided further,

Termination date.

That such authority shall terminate on October 1, 2024:

Provided further,

Notification.

That the Commission shall notify the Committees on Appropriations prior to exercising such authority.

138 STAT. 738

United States Commission on International Religious Freedom

salaries and expenses

For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.), $4,000,000, to remain available until September 30, 2025, including not more than $4,000 for representation expenses.

Commission on Security and Cooperation in Europe

salaries and expenses

For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 (22 U.S.C. 3001 et seq.), $2,908,000, including not more than $6,000 for representation expenses, to remain available until September 30, 2025.

Congressional-Executive Commission on the People’s Republic of China

salaries and expenses

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2025.

United States-China Economic and Security Review Commission

salaries and expenses

For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2025:

Provided,

Extension.

Applicability.

That the authorities, requirements, limitations, and conditions contained in the second through fifth provisos under this heading in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during fiscal year 2024 and shall apply to funds appropriated under this heading.

Commission on Reform and Modernization of the Department of State

salaries and expenses

For necessary expenses of the Commission on Reform and Modernization of the Department of State, as authorized by section 9803 of the Department of State Authorization Act of 2022 (title 138 STAT. 739 XCVIII of division I of Public Law 117–263), $2,000,000, to remain available until September 30, 2025.

TITLE II

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President

operating expenses

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,695,000,000, of which up to $254,250,000 may remain available until September 30, 2025:

Provided, That

Contracts.

Reports.

Time period.

none of the funds appropriated under this heading and under the heading “Capital Investment Fund” in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development, unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes:

Provided further,

Contracts.

That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year:

Provided further,

Transfer authority.

That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to “Operating Expenses” in accordance with the provisions of those sections:

Provided further, That of the funds appropriated or made available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses, and not to exceed $100,500 shall be for official residence expenses, for USAID during the current fiscal year:

Provided further,

Transfer authority.

That of the funds appropriated under this heading, up to $20,000,000 may be transferred to, and merged with, funds appropriated or otherwise made available in title II of this Act under the heading “Capital Investment Fund”, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

capital investment fund

For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $259,100,000, to remain available until expended:

Provided, That this amount is in addition to funds otherwise available for such purposes:

Provided further, That

Notifications.

funds appropriated under this heading shall be available subject to the regular notification procedures of the Committees on Appropriations.

138 STAT. 740

office of inspector general

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $85,500,000, of which up to $12,825,000 may remain available until September 30, 2025, for the Office of Inspector General of the United States Agency for International Development.

TITLE III

BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows:

global health programs

For

Apportionment.

necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $3,985,450,000, to remain available until September 30, 2025, and which shall be apportioned directly to the United States Agency for International Development:

Provided, That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; (6) disaster preparedness training for health crises; (7) programs to prevent, prepare for, and respond to unanticipated and emerging global health threats, including zoonotic diseases; and (8) family planning/reproductive health:

Provided further, That funds appropriated under this paragraph may be made available for United States contributions to The GAVI Alliance and to a multilateral vaccine development partnership to support epidemic preparedness:

Provided further,

Determination.

President.

Abortion.

That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization:

Provided further,

Deadline.

That any determination made under the previous proviso must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination:

Provided further,

Abortion.

That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce 138 STAT. 741 any person to practice abortions:

Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961:

Provided further,

Lobbying.

Abortion.

That none of the funds made available under this Act may be used to lobby for or against abortion:

Provided further,

Family planning.

Requirements.

Determination.

Reports.

That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual’s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency:

Provided further, That

Grants.

Discrimination.

Compliance.

in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso:

Provided further, That

Definition.

for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term “

motivate

”, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options:

Provided further,

Condoms.

That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use.

138 STAT. 742 In

Apportionment.

addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $6,045,000,000, to remain available until September 30, 2028, which shall be apportioned directly to the Department of State:

Provided, That funds appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25), for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund):

Provided further, That the amount of such contribution shall be $1,650,000,000:

Provided further,

Notifications.

That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2024 may be made available to USAID for technical assistance related to the activities of the Global Fund, subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That of the funds appropriated under this paragraph, up to $22,000,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Global AIDS Coordinator, consistent with the direction included under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

development assistance

For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $3,931,000,000, to remain available until September 30, 2025:

Provided,

Apportionment.

That funds made available under this heading shall be apportioned to the United States Agency for International Development.

international disaster assistance

For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $4,779,000,000, to remain available until expended, of which $750,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985:

Provided,

Apportionment.

Deadline.

That funds made available under this heading shall be apportioned to the United States Agency for International Development not later than 60 days after the date of enactment of this Act.

transition initiatives

For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 1961, and to support transition to democracy and long-term development of countries in crisis, $75,000,000, to remain available until expended:

Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict:

Provided further,

Reports.

That the USAID Administrator 138 STAT. 743 shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new, or terminating a, program of assistance:

Provided further,

Determination.

That if the Secretary of State determines that it is important to the national interest of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading:

Provided further,

Consultation.

That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations.

complex crises fund

For necessary expenses to carry out the provisions of section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94), $55,000,000, to remain available until expended:

Provided, That funds appropriated under this heading may be made available notwithstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of the Foreign Assistance Act of 1961:

Provided further, That

Apportionment.

funds appropriated under this heading shall be apportioned to the United States Agency for International Development.

economic support fund

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $3,890,400,000, to remain available until September 30, 2025, of which $300,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

democracy fund

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 (22 U.S.C. 4411), $205,200,000, to remain available until September 30, 2025, which shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State:

Provided, That funds appropriated under this heading that are made available to the National Endowment for Democracy and its core institutes are in addition to amounts otherwise made available by this Act for such purposes:

Provided further,

Consultation.

That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall consult with the Committees on Appropriations prior to the initial obligation of funds appropriated under this paragraph.

For an additional amount for such purposes, $140,000,000, to remain available until September 30, 2025, which shall be made available for the Bureau for Democracy, Human Rights, and Governance, United States Agency for International Development.138 STAT. 744

assistance for europe, eurasia and central asia

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public Law 102–511), and the Support for Eastern European Democracy (SEED) Act of 1989 (Public Law 101–179), $770,334,000, to remain available until September 30, 2025, which shall be available, notwithstanding any other provision of law, except section 7047 of this Act, for assistance and related programs for countries identified in section 3 of the FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C. 5402), in addition to funds otherwise available for such purposes, of which $310,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985:

Provided, That funds appropriated by this Act under the headings “Global Health Programs”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” that are made available for assistance for such countries shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 102 of the FREEDOM Support Act and section 601 of the SEED Act of 1989:

Provided further, That funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance:

Provided further, That funds appropriated under this heading may be made available for contributions to multilateral initiatives to counter hybrid threats.

Department of State

migration and refugee assistance

For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601), and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $3,928,000,000, to remain available until expended, of which $750,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985:

Provided, That of the funds appropriated under this heading, $5,000,000 shall be made available for refugees resettling in Israel.

united states emergency refugee and migration assistance fund

For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)), $100,000, to remain available until expended:

Provided, That amounts

Transfer authority.

in excess of the limitation contained in paragraph (2) of such section shall be transferred to, and merged with, funds 138 STAT. 745 made available by this Act under the heading “Migration and Refugee Assistance”.

Independent Agencies

peace corps

(including transfer of funds)

For necessary expenses to carry out the provisions of the Peace Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $430,500,000, of which $7,800,000 is for the Office of Inspector General, to remain available until September 30, 2025:

Provided, That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed $5,000,000:

Provided further, That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations:

Provided further, That of the funds appropriated under this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses:

Provided further,

Consultation.

That in addition to the requirements under section 7015(a) of this Act, the Peace Corps shall consult with the Committees on Appropriations prior to any decision to open, close, or suspend a domestic or overseas office or a country program unless there is a substantial risk to volunteers or other Peace Corps personnel:

Provided further,

Abortion.

That none of the funds appropriated under this heading shall be used to pay for abortions:

Provided further,

Applicability.

That notwithstanding the previous proviso, section 614 of division E of Public Law 113–76 shall apply to funds appropriated under this heading.

millennium challenge corporation

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $930,000,000, to remain available until expended:

Provided, That of the funds appropriated under this heading, up to $143,000,000 may be available for administrative expenses of the Millennium Challenge Corporation:

Provided further,

Applicability.

That section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this heading:

Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact:

Provided further, That of the funds appropriated under this heading, not to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses:

Provided further,

Extension.

Termination date.

That the member of the Board described in section 604(c)(3)(B)(ii) of the Millennium Challenge Act of 2003 (22 U.S.C. 7703(c)(3)(B)(ii)), whose term began on September 16, 2019, shall continue to serve in such appointment until December 138 STAT. 746 31, 2024:

Provided further,

Termination date.

That in the event that a new member of the Board described in section 604(c)(3)(B) of such Act is appointed prior to December 31, 2024, the term of the member of the Board whose term began on September 16, 2019, shall terminate as of the date of such appointment.

inter-american foundation

For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $47,000,000, to remain available until September 30, 2025:

Provided, That of the funds appropriated under this heading, not to exceed $2,000 may be available for representation expenses.

united states african development foundation

For necessary expenses to carry out the African Development Foundation Act (title V of Public Law 96–533; 22 U.S.C. 290h et seq.), $45,000,000, to remain available until September 30, 2025, of which not to exceed $2,000 may be available for representation expenses:

Provided, That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF):

Provided further, That interest earned shall be used only for the purposes for which the grant was made:

Provided further, That

Waiver authority.

notwithstanding section 505(a)(2) of the African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in exceptional circumstances the Board of Directors of the USADF may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation:

Provided further,

Reports.

That the USADF shall submit a report to the appropriate congressional committees after each time such waiver authority is exercised:

Provided further,

Payments.

That the USADF may make rent or lease payments in advance from appropriations available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions:

Provided further, That the USADF may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the African Development Foundation Act:

Provided further, That the USADF may not withdraw any appropriation from the Treasury prior to the need of spending such funds for program purposes.

Department of the Treasury

international affairs technical assistance

For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $38,000,000, to remain available until expended:

Provided,

Contracts.

That amounts made available under this heading may be made available to contract for services as described in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without regard to the location in which such services are performed.

138 STAT. 747

debt restructuring
President.
Determination.

For “Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring” there is appropriated $26,000,000, to remain available until September 30, 2027, for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees for, or credits extended to, such countries as the President may determine, including the costs of selling, reducing, or canceling amounts owed to the United States pursuant to multilateral debt restructurings, including Paris Club debt restructurings and the “Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative”:

Provided, That such amounts may be used notwithstanding any other provision of law.

tropical forest and coral reef
President.
Determination.
conservation

For the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the costs of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries pursuant to part V of the Foreign Assistance Act of 1961, $15,000,000, to remain available until September 30, 2027.

TITLE IV

INTERNATIONAL SECURITY ASSISTANCE

Department of State

international narcotics control and law enforcement
Notifications.

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,400,000,000, to remain available until September 30, 2025, of which $115,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985:

Provided, That the Department of State may use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing such property to a foreign country or international organization under chapter 8 of part I of such Act, subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading, except that any funds made available notwithstanding such section shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That funds appropriated under this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, judges, and other judicial authorities, utilizing regional partners:

Provided further, That funds made available under this heading that are transferred to another department, agency, or 138 STAT. 748 instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $5,000,000, and any agreement made pursuant to section 632(a) of such Act, shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That funds made available under this heading for Program Development and Support may be made available notwithstanding pre-obligation requirements contained in this Act, except for the notification requirements of section 7015.

nonproliferation, anti-terrorism, demining and related programs

For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $870,000,000, to remain available until September 30, 2025, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854), section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary contribution to the International Atomic Energy Agency (IAEA):

Provided,

Consultation.

Notifications.

That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be made available, notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament, and weapons destruction, and shall remain available until expended:

Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so:

Provided further,

Determination.

Israel.

That funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency:

Provided further,

Notifications.

That funds made available for conventional weapons destruction programs, including demining and related activities, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of such programs and activities, subject to the regular notification procedures of the Committees on Appropriations.

peacekeeping operations

For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $410,458,000, of which $291,425,000 may remain available until September 30, 2025:

Provided, That funds appropriated under this heading may be used, notwithstanding section 660 of the Foreign Assistance Act of 1961, to provide assistance to enhance the capacity of foreign civilian 138 STAT. 749 security forces, including gendarmes, to participate in peacekeeping operations:

Provided further, That of the funds appropriated under this heading, not less than $34,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai:

Provided further,

Somalia.

That funds appropriated under this heading may be made available to pay assessed expenses of international peacekeeping activities in Somalia under the same terms and conditions, as applicable, as funds appropriated by this Act under the heading “Contributions for International Peacekeeping Activities”:

Provided further, That

Notifications.

funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations.

Funds Appropriated to the President

international military education and training

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $119,152,000, to remain available until September 30, 2025:

Provided, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights:

Provided further,

Consultation.

That of the funds appropriated under this heading, $3,000,000 shall remain available until expended to increase the participation of women in programs and activities funded under this heading, following consultation with the Committees on Appropriations:

Provided further, That of the funds appropriated under this heading, not to exceed $50,000 may be available for entertainment expenses.

foreign military financing program

For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act (22 U.S.C. 2763), $6,133,397,000, of which $275,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985:

Provided,

Consultation.

Notifications.

Contracts.

That to expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces:

Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act:

Provided further, That

Apportionment.

funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code.

None

Contracts.

of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government 138 STAT. 750 specifying the conditions under which such procurement may be financed with such funds:

Provided,

Notification.

That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act:

Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations:

Provided further, That a country that is a member of the North Atlantic Treaty Organization (NATO) or is a major non-NATO ally designated by section 517(b) of the Foreign Assistance Act of 1961 may utilize funds made available under this heading for procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act:

Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services:

Provided further,

Notifications.

That not more than $72,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations:

Provided further, That the Secretary of State may use funds made available under this heading pursuant to the previous proviso for the administrative and other operational costs of the Department of State related to military assistance and sales, assistance under section 551 of the Foreign Assistance Act of 1961, and Department of Defense security assistance programs, in addition to funds otherwise available for such purposes:

Provided further,

Consultation.

That up to $2,000,000 of the funds made available pursuant to the previous proviso may be used for direct hire personnel, except that this limitation may be exceeded by the Secretary of State following consultation with the Committees on Appropriations:

Provided further, That of the funds made available under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for representation expenses:

Provided further,

Notifications.

That not more than $1,541,392,546 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for expenses incurred by the Department of Defense during fiscal year 2024 pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C. 2792(b)), except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations.

TITLE V

MULTILATERAL ASSISTANCE

Funds Appropriated to the President

international organizations and programs

For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, $436,920,000:

Provided, 138 STAT. 751 That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund:

Provided further,

Deadline.

Consultation.

Notifications.

That not later than 60 days after the date of enactment of this Act, such funds shall be made available for core contributions for each entity listed in the table under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) unless otherwise provided for in this Act, or if the Secretary of State has justified to the Committees on Appropriations the proposed uses of funds other than for core contributions following prior consultation with, and subject to the regular notification procedures of, such Committees.

International Financial Institutions

global environment facility

For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $150,200,000, to remain available until expended.

contribution to the clean technology fund

For contribution to the Clean Technology Fund, $125,000,000, to remain available until expended:

Provided, That up to $125,000,000 of such amount shall be available to cover costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans issued to the Clean Technology Fund:

Provided further, That such funds are available to subsidize gross obligations for the principal amount of direct loans without limitation.

contribution to the international bank for reconstruction and development

For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $206,500,000, to remain available until expended.

limitation on callable capital subscriptions

The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,421,275,728.70.

contribution to the international development association

For payment to the International Development Association by the Secretary of the Treasury, $1,380,256,000, to remain available until expended.

contribution to the asian development fund

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $87,220,000, to remain available until expended.138 STAT. 752

contribution to the african development bank

For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $54,648,752, to remain available until expended.

limitation on callable capital subscriptions

The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $856,174,624.

contribution to the african development fund

For payment to the African Development Fund by the Secretary of the Treasury, $197,000,000, to remain available until expended.

contribution to the international fund for agricultural development

For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $43,000,000, to remain available until expended.

global agriculture and food security program

For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $10,000,000, to remain available until expended.

treasury international assistance programs

For contributions by the Secretary of the Treasury to international financial institutions and trust funds administered by such institutions, in addition to amounts otherwise available for such purposes, $50,000,000, to remain available until expended:

Provided, That of the amount made available under this heading, up to $50,000,000 may be available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees to the International Bank for Reconstruction and Development and the Asian Development Bank:

Provided further,

Transfer authority.

That funds made available under this heading may be transferred to, and merged with, funds provided under the heading “Contribution to the International Development Association” in this title and under the headings “Department of the Treasury, International Affairs Technical Assistance” and “Department of the Treasury, Debt Restructuring” in title III of this Act:

Provided further, That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law:

Provided further,

Consultation.

Notifications.

That funds made available under this heading, including funds transferred pursuant to the second proviso, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

138 STAT. 753

TITLE VI

EXPORT AND INVESTMENT ASSISTANCE

Export-Import Bank of the United States

inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $8,860,000, of which up to $1,329,000 may remain available until September 30, 2025.

program account
Contracts.

The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation:

Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of enactment of this Act.

administrative expenses

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $125,000,000, of which up to $18,750,000 may remain available until September 30, 2025:

Provided, That the Export-Import Bank (the Bank) may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made:

Provided further,

Termination date.

12 USC 635a note.

That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) of such section shall remain in effect until September 30, 2024:

Provided further,

Fees.

That the Bank shall charge fees for necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Bank, repossession or sale of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions:

Provided further, That in addition to other funds appropriated for administrative 138 STAT. 754 expenses, such fees shall be credited to this account for such purposes, to remain available until expended.

program budget appropriations
Loans.

For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $15,000,000, to remain available until September 30, 2027:

Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further, That

Disbursement.

Grants.

Time periods.

such funds shall remain available until September 30, 2039, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2024 through 2027.

receipts collected

Receipts collected pursuant to the Export-Import Bank Act of 1945 (Public Law 79–173) and the Federal Credit Reform Act of 1990, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account:

Provided,

Reduction.

That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0.

United States International Development Finance Corporation

inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $7,200,000, to remain available until September 30, 2025.

corporate capital account

The United States International Development Finance Corporation (the Corporation) is authorized to make such expenditures and commitments within the limits of funds and borrowing authority available to the Corporation, and in accordance with the law, and to make such expenditures and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs for the current fiscal year for the Corporation:

Provided, That for necessary expenses of the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018 (division F of Public Law 115–254) and for administrative expenses to carry out authorized activities described in section 1434(d) of such Act, $983,250,000:

Provided further, That of the amount provided—

(1)

$243,000,000 shall remain available until September 30, 2026, for administrative expenses to carry out authorized activities (including an amount for official reception and representation expenses which shall not exceed $25,000); and138 STAT. 755

(2)

$740,250,000 shall remain available until September 30, 2026, for the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018, except such amounts obligated in a fiscal year for activities described in section 1421(c) of such Act shall remain available for disbursement for the term of the underlying project:

Provided further, That amounts made available under this paragraph may be paid to the “United States International Development Finance Corporation—Program Account” for programs authorized by subsections (b), (e), (f), and (g) of section 1421 of the BUILD Act of 2018:

Provided further,

Consultation.

Notifications.

That funds may only be obligated pursuant to section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations:

Provided further,

Consultation.

That funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for support by the Corporation in upper-middle income countries shall be subject to prior consultation with the Committees on Appropriations:

Provided further,

Collections.

That in fiscal year 2024 collections of amounts described in section 1434(h) of the BUILD Act of 2018 shall be credited as offsetting collections to this appropriation:

Provided further, That such collections collected in fiscal year 2024 in excess of $983,250,000 shall be credited to this account and shall be available in future fiscal years only to the extent provided in advance in appropriations Acts:

Provided further, That in fiscal year 2024, if such collections are less than $983,250,000, receipts collected pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of 1990, in an amount equal to such shortfall, shall be credited as offsetting collections to this appropriation:

Provided further, That fees charged for project-specific transaction costs as described in section 1434(k) of the BUILD Act of 2018, and other direct costs associated with origination or monitoring services provided to specific or potential investors, shall not be considered administrative expenses for the purposes of this heading:

Provided further, That such fees shall be credited to this account for such purposes, to remain available until expended:

Provided further, That funds appropriated or otherwise made available under this heading may not be used to provide any type of assistance that is otherwise prohibited by any other provision of law or to provide assistance to any foreign country that is otherwise prohibited by any other provision of law:

Provided further,

Reduction.

That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by the offsetting collections described under this heading so as to result in a final fiscal year appropriation from the General Fund estimated at $556,450,000.

program account
Loans.

Amounts paid from “United States International Development Finance Corporation—Corporate Capital Account” (CCA) shall remain available until September 30, 2026:

Provided, That amounts paid to this account from CCA or transferred to this account pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254) shall be available for the costs of direct and guaranteed loans provided by the Corporation pursuant to section 138 STAT. 756 1421(b) of such Act and the costs of modifying loans and loan guarantees transferred to the Corporation pursuant to section 1463 of such Act:

Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974:

Provided further,

Disbursement.

Time periods.

That such amounts obligated in a fiscal year shall remain available for disbursement for the following 8 fiscal years:

Provided further, That

Time period.

funds made available in this Act and transferred to carry out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD Act of 2018 may remain available for obligation for 1 additional fiscal year:

Provided further, That the total loan principal or guaranteed principal amount shall not exceed $12,000,000,000.

Trade and Development Agency

For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $87,000,000, to remain available until September 30, 2025, of which no more than $24,500,000 may be used for administrative expenses:

Provided, That of the funds appropriated under this heading, not more than $5,000 may be available for representation and entertainment expenses.

TITLE VII

GENERAL PROVISIONS

allowances and differentials

Sec. 7001.

Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by section 3109 of such title and for hire of passenger transportation pursuant to section 1343(b) of title 31, United States Code.

unobligated balances report

Sec. 7002.

Time periods.

Records.

Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2024 or any previous fiscal year, disaggregated by fiscal year:

Provided, That the report required by this section shall be submitted not later than 30 days after the end of each fiscal quarter and should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated.

consulting services

Sec. 7003.

Contracts.

The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are 138 STAT. 757 a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

diplomatic facilities

Sec. 7004.

(a)

Capital Security Cost Sharing Exception.—

Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act), as amended by section 111 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323), a project to construct a facility of the United States may include office space or other accommodations for members of the United States Marine Corps.

(b)

Consultation and Notifications.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during fiscal year 2024, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided, That notifications pursuant to this subsection shall include the information enumerated under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided further, That the Secretary of State shall consult with the Committees on Appropriations at the early project development stage for out-year construction projects, including to discuss security and non-security construction requirements, modifications to scope, and cost reductions identified for such projects, consistent with applicable laws and regulations:

Provided further,

Time period.

Reports.

That the Secretary shall submit a quarterly report to the Committees on Appropriations on contingency savings identified from funds appropriated under the heading “Embassy Security, Construction, and Maintenance” by prior Acts making appropriations for the Department of State, foreign operations, and related programs, and the obligation of funds made available by such savings shall be subject to prior consultation with the Committees on Appropriations.

(c)

Interim and Temporary Facilities Abroad.—

(1)

Consultation.
Security vulnerabilities.—

Funds appropriated by this Act under the heading “Embassy Security, Construction, and Maintenance” may be made available, following consultation with the appropriate congressional committees, to address security vulnerabilities at interim and temporary United States diplomatic facilities abroad, including physical security upgrades and local guard staffing.

(2)

Notification.
Waiver authority.
Consultation.—

Notwithstanding any other provision of law, the opening, closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel.

(d)

Soft Targets.—

Funds appropriated by this Act under the heading “Embassy Security, Construction, and Maintenance” may 138 STAT. 758 be made available for security upgrades to soft targets, including schools, recreational facilities, residences, and places of worship used by United States diplomatic personnel and their dependents.

(e)

Guidance.

Requirements.

Report.—

Of the funds appropriated by this Act under the heading “Diplomatic Programs”, $100,000,000 may not be obligated until the Secretary of State promulgates new guidance and requirements consistent with section 9301 of the Secure Embassy Construction and Counterterrorism Act of 2022 (title XCIII of division I of Public Law 117–263) and submits to the appropriate congressional committees a report detailing such guidance and requirements, including the impact of implementation on United States diplomatic facilities and construction projects.

(f)

Facilities.—

(1)

Israel.

None of the funds made available by this Act may be used to move the United States embassy in Israel to a location other than Jerusalem.

(2)

Repeal.

Section 305 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100–459)

102 Stat. 2208.

repealed

personnel actions

Sec. 7005.

Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency:

Provided,

Transfer authority.

That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act:

Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act.

prohibition on publicity or propaganda

Sec. 7006.

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before enactment of this Act by Congress:

Provided, That up to $25,000 may be made available to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980 (Public Law 96–533; 22 U.S.C. 2151a note).

prohibition against direct funding for certain countries

Sec. 7007.

None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:

Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

coups d’état

Sec. 7008.

(a)

Prohibition.—

None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any 138 STAT. 759 assistance to the government of any country whose duly elected head of government is deposed by military coup d’état or decree or, after the date of enactment of this Act, a coup d’état or decree in which the military plays a decisive role:

Provided,

Certification.

Reports.

That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office:

Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes, or to support a democratic transition:

Provided further,

Consultation.

Notifications.

That funds made available pursuant to the previous provisos shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(b)

Consultations.
Certification.
Reports.
Waiver.—

The Secretary of State, following consultation with the heads of relevant Federal agencies, may waive the restriction in this section on a program-by-program basis if the Secretary certifies and reports to the Committees on Appropriations that such waiver is in the national security interest of the United States:

Provided,

Notifications.

That funds made available pursuant to such waiver shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

transfer of funds authority

Sec. 7009.

(a)

Department of State and United States Agency for Global Media.—

(1)

Department of state.—

(A)

In general.—

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading “Representation Expenses”.

(B)

Determination.
Reports.
Consultation.
Notifications.
Embassy security.—

Funds appropriated under the headings “Diplomatic Programs”, including for Worldwide Security Protection, “Embassy Security, Construction, and Maintenance”, and “Emergencies in the Diplomatic and Consular Service” in this Act may be transferred to, and merged with, funds appropriated under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, for emergency evacuations, or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees.

(C)

Emergencies in the diplomatic and consular service.—

Of the amount made available under the heading “Diplomatic Programs” for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading “Emergencies in the Diplomatic and Consular 138 STAT. 760 Service”, to be available only for emergency evacuations and rewards, as authorized.

(D)

Capital investment fund.—

Of the amount made available under the heading, “Diplomatic Programs”, up to $50,000,000 may be transferred to, and merged with, funds made available in title I of this Act under the heading “Capital Investment Fund”.

(E)

Requirement.

Prior consultation.—

The transfer authorities provided by subparagraphs (B), (C), and (D) are in addition to any transfer authority otherwise available in this Act and under any other provision of law and the exercise of such authority shall be subject to prior consultation with the Committees on Appropriations.

(2)

United states agency for global media.—

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Agency for Global Media under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers.

(3)

Treatment as reprogramming.—

Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

(b)

Limitation on Transfers of Funds Between Agencies.—

(1)

In general.—

None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

(2)

Allocation and transfers.—

Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254).

(3)

Contracts.

Requirement.

Notification.—

Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Global Health Programs”, “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided, That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State.138 STAT. 761

(c)

United States International Development Finance Corporation.—

(1)

Transfers.—

Amounts transferred pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254) may only be transferred from funds made available under title III of this Act:

Provided,

Requirement.

Consultation.

Notification.

That any such transfers, or any other amounts transferred to the United States International Development Finance Corporation (the Corporation) pursuant to any provision of law, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided further,

Coordination.

That the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the Corporation, as appropriate, shall ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs implemented by the Department of State and USAID.

(2)

Transfer of funds from millennium challenge corporation.—

Funds appropriated under the heading “Millennium Challenge Corporation” in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be transferred to accounts under the heading “United States International Development Finance Corporation” and, when so transferred, may be used for the costs of activities described in subsections (b) and (c) of section 1421 of the BUILD Act of 2018:

Provided,

Requirement.

That such funds shall be subject to the limitations provided in the second, third, and fifth provisos under the heading “United States International Development Finance Corporation—Program Account” in this Act:

Provided further, That any transfer executed pursuant to the transfer authority provided in this paragraph shall not exceed 10 percent of an individual Compact awarded pursuant to section 609(a) of the Millennium Challenge Act of 2003 (title VI of Public Law 108–199):

Provided further, That such funds shall not be available for administrative expenses of the United States International Development Finance Corporation:

Provided further,

Requirement.

Consultation.

Notification.

That such authority shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided further, That the transfer authority provided in this section is in addition to any other transfer authority provided by law:

Provided further,

Deadline.

Notification.

That within 60 days of the termination in whole or in part of the Compact from which funds were transferred under this authority to the United States International Development Finance Corporation, any unobligated balances shall be transferred back to the Millennium Challenge Corporation, subject to the regular notification procedures of the Committees on Appropriations.

(d)

President.

Time period.

Consultation.

Policy justification.

Transfer of Funds Between Accounts.—

None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.138 STAT. 762

(e)

Contracts.

Reports.

Audit of Inter-Agency Transfers of Funds.—

Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such audits:

Provided,

Transmittals.

That such audits shall be transmitted to the Committees on Appropriations by the Department of State or USAID, as appropriate:

Provided further, That funds transferred under such authority may be made available for the cost of such audits.

prohibition and limitation on certain expenses

Sec. 7010.

(a)

First-Class Travel.—

None of the funds made available by this Act may be used for first-class travel by employees of United States Government departments and agencies funded by this Act in contravention of section 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.

(b)

Pornography.

Computer Networks.—

None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit websites:

Provided, That nothing in this subsection shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such websites undertaken as part of official business.

(c)

Prohibition on Promotion of Tobacco.—

None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco products (including electronic nicotine delivery systems), or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products (including electronic nicotine delivery systems), except for restrictions which are not applied equally to all tobacco or tobacco products (including electronic nicotine delivery systems) of the same type.

(d)

Email Servers Outside the .gov Domain.—

None of the funds appropriated by this Act under the headings “Diplomatic Programs” and “Capital Investment Fund” in title I, and “Operating Expenses” and “Capital Investment Fund” in title II that are made available to the Department of State and the United States Agency for International Development may be made available to support the use or establishment of email accounts or email servers created outside the .gov domain or not fitted for automated records management as part of a Federal government records management program in contravention of the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187).138 STAT. 763

(e)

Representation and Entertainment Expenses.—

Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests, and—

(1)

are primarily for fostering relations outside of the Executive Branch;

(2)

are principally for meals and events of a protocol nature;

(3)

are not for employee-only events; and

(4)

do not include activities that are substantially of a recreational character.

(f)

Limitations on Entertainment Expenses.—

None of the funds appropriated or otherwise made available by this Act under the headings “International Military Education and Training” or “Foreign Military Financing Program” for Informational Program activities or under the headings “Global Health Programs”, “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” may be obligated or expended to pay for—

(1)

Alcohol and alcoholic beverages.

alcoholic beverages; or

(2)

entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks.

availability of funds

Sec. 7011.

Time periods.

No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act:

Provided, That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act (22 U.S.C. 2763), and funds made available for “United States International Development Finance Corporation” and under the heading “Assistance for Europe, Eurasia and Central Asia” shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act:

Provided further, That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act:

Provided further,

Reports.

That the Secretary of State and the Administrator of the United States Agency for International Development shall provide a report to the Committees on Appropriations not later than October 31, 2024, detailing by account and source year, the use of this authority during the previous fiscal year:

Provided further,

Requirement.

Notification.

That an obligation in excess of $2,000,000 138 STAT. 764 from deobligated balances of funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that remain available due to the exercise of the authority of this section shall be subject to the regular notification procedures of the Committees on Appropriations.

limitation on assistance to countries in default

Sec. 7012.

Time period.

Loans.

President.

Determination.

Consultation.

No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest of the United States.

prohibition on taxation of united states assistance

Sec. 7013.

(a)

Negotiation.

Requirement.

Prohibition on Taxation.—

None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.

(b)

Notification and Reimbursement of Foreign Taxes.—

Deadline.

amount equivalent to 200 percent of the total taxes assessed during fiscal year 2024 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2025 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2025, such taxes have not been reimbursed.

(c)

De Minimis Exception.—

Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).

(d)

Reprogramming of Funds.—

Funds withheld from obligation for each foreign government or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner.

(e)

Determinations.—

(1)

Reports.

In general.—

The provisions of this section shall not apply to any foreign government or entity that assesses such 138 STAT. 765 taxes if the Secretary of State reports to the Committees on Appropriations that—

(A)

such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or

(B)

the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation.

(2)

Time period.

Consultation.—

The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity.

(f)

Regulations.

Guidance.

Implementation.—

The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section.

(g)

Definitions.—

As used in this section:

(1)

Bilateral agreement.—

The term “

bilateral agreement

” refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.

(2)

Taxes and taxation.—

The term “

taxes and taxation

” shall include value added taxes and customs duties but shall not include individual income taxes assessed to local staff.

reservations of funds

Sec. 7014.

(a)

Reprogramming.—

Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act:

Provided,

Requirement.

Notification.

That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.

(b)

Determination.

Reports.

Extension of Availability.—

In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability:

Provided, That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation.138 STAT. 766

(c)

Other Acts.—

Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs:

Provided, That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act.

notification requirements

Sec. 7015.

(a)

Notification of Changes in Programs, Projects, and Activities.—

Time period.

None of the funds made available in titles I, II, and VI, and under the headings “Peace Corps” and “Millennium Challenge Corporation”, of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to—

(1)

create new programs;

(2)

suspend or eliminate a program, project, or activity;

(3)

close, suspend, open, or reopen a mission or post;

(4)

create, close, reorganize, downsize, or rename bureaus, centers, or offices; or

(5)

Contracts.

contract out or privatize any functions or activities presently performed by Federal employees;

unless previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation.

(b)

Time period.

Notification of Reprogramming of Funds.—

None of the funds provided under titles I, II, and VI of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under such titles that remain available for obligation in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that—

(1)

augments or changes existing programs, projects, or activities;

(2)

relocates an existing office or employees;

(3)

reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or

(4)

results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress;

unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.

(c)

Time periods.

Notification Requirement.—

None of the funds made available by this Act under the headings “Global Health Programs”, 138 STAT. 767 “Development Assistance”, “Economic Support Fund”, “Democracy Fund”, “Assistance for Europe, Eurasia and Central Asia”, “Peace Corps”, “Millennium Challenge Corporation”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Peacekeeping Operations”, “International Military Education and Training”, “Foreign Military Financing Program”, “International Organizations and Programs”, “United States International Development Finance Corporation”, and “Trade and Development Agency” shall be available for obligation for programs, projects, activities, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such obligation:

Provided,

President.

That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment:

Provided further, That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for a program, project, or activity for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation for such program, project, or activity for the current fiscal year:

Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding authority.

(d)

Department of Defense Programs and Funding Notifications.—

(1)

Cost estimate.

Programs.—

None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification procedures of the Committees on Appropriations, submits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program.

(2)

Funding.—

Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations.

(3)

Notification on excess defense articles.—

Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on 138 STAT. 768 Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section:

Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles:

Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.

(e)

Waiver.—

The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare:

Provided,

Deadline.

That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver:

Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.

(f)

Country Notification Requirements.—

None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations.

(g)

Trust Funds.—

Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution shall be subject to the regular notification procedures of the Committees on Appropriations, and such notification shall include the information specified under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(h)

Other Program Notification Requirements.—

(1)

Consultation.

Diplomatic programs.—

Funds appropriated under title I of this Act under the heading “Diplomatic Programs” that are made available for lateral entry into the Foreign Service shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(2)

Other programs.—

Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on Appropriations:

(A)

the Global Engagement Center;138 STAT. 769

(B)

the Power Africa and Prosper Africa initiatives;

(C)

community-based police assistance conducted pursuant to the authority of section 7035(a)(1) of this Act;

(D)

the Prevention and Stabilization Fund and the Multi-Donor Global Fragility Fund;

(E)

the Indo-Pacific Strategy;

(F)

the Countering PRC Influence Fund and the Countering Russian Influence Fund;

(G)

the Gender Equity and Equality Action Fund; and

(H)

funds specifically allocated for the Partnership for Global Infrastructure and Investment.

(3)

Consultation.

Democracy program policy and procedures.—

Modifications to democracy program policy and procedures, including relating to the use of consortia, by the Department of State and USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(4)

Reports.

Certifications.

Arms sales.—

The reports, notifications, and certifications, and any other documents, required to be submitted pursuant to section 36(a) of the Arms Export Control Act (22 U.S.C. 2776), and such documents submitted pursuant to section 36(b) through (d) of such Act with respect to countries that have received assistance provided with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall be concurrently submitted to the Committees on Appropriations and shall include information about the source of funds for any sale or transfer, as applicable, if known at the time of submission.

(i)

Withholding of Funds.—

Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations.

(j)

Requirement to Inform.—

The Secretary of State and USAID Administrator, as applicable, shall promptly inform the appropriate congressional committees of each instance in which funds appropriated by this Act for assistance have been diverted or destroyed, to include the type and amount of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate.

(k)

Time period.

Prior Consultation Requirement.—

The Secretary of State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Chief Executive Officer of the Millennium Challenge Corporation shall consult with the Committees on Appropriations at least 7 days prior to informing a government of, or publicly announcing a decision on, the suspension or early termination of assistance to a country or a territory, including as a result of an interagency review of such assistance, from funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs:

Provided, That such consultation shall include a detailed justification for such suspension, including a description of the assistance being suspended.138 STAT. 770

documents, report posting, records management, and related cybersecurity protections

Sec. 7016.

(a)

Document Requests.—

None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International Development.

(b)

Public Posting of Reports.—

(1)

Except as provided in paragraphs (2) and (3), any report required by this Act to be submitted to Congress by any Federal agency receiving funds made available by this Act shall be posted on the public website of such agency not later than 45 days following the receipt of such report by Congress.

(2)

Paragraph (1) shall not apply to a report if—

(A)

Determination.

Transmittal.

the head of such agency determines and reports to the Committees on Appropriations in the transmittal letter accompanying such report that—

(i)

the public posting of the report would compromise national security, including the conduct of diplomacy; or

(ii)

the report contains proprietary or other privileged information; or

(B)

the public posting of the report is specifically exempted in House Report 118–146, Senate Report 118–71, or the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(3)

The agency posting such report shall do so only after the report has been made available to the Committees on Appropriations.

(4)

The head of the agency posting such report shall do so in a central location on the public website of such agency.

(c)

Records Management and Related Cybersecurity Protections.—

The Secretary of State and USAID Administrator shall—

(1)

Review.

Updates.

Compliance.

regularly review and update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business, including record emails, instant messaging, and other online tools;

(2)

use funds appropriated by this Act under the headings “Diplomatic Programs” and “Capital Investment Fund” in title I, and “Operating Expenses” and “Capital Investment Fund” in title II, as appropriate, to improve Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other applicable Federal records management statutes, regulations, or policies for the Department of State and USAID;

(3)

direct departing employees, including senior officials, that all Federal records generated by such employees belong to the Federal Government;

(4)

substantially reduce, compared to the previous fiscal year, the response time for identifying and retrieving Federal 138 STAT. 771 records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”); and

(5)

Guidance.

Implementation.

strengthen cybersecurity measures to mitigate vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain, improve the process to identify and remove inactive user accounts, update and enforce guidance related to the control of national security information, and implement the recommendations of the applicable reports of the cognizant Office of Inspector General.

use of funds in contravention of this act

Sec. 7017.

President.

Determination.

Notification.

Deadline.

If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program or policy.

prohibition on funding for abortions and involuntary sterilization

Sec. 7018.

None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.

President.

Certification.

None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations.

allocations and reports

Sec. 7019.

(a)

Allocation Tables.—

Subject to subsection (b), funds appropriated by this Act under titles III through V shall be made available in the amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That such designated amounts for foreign countries and international organizations shall serve as the amounts for such countries and international organizations transmitted to Congress in the report required by section 653(a) of the Foreign Assistance Act of 1961, and shall be made available for such foreign countries and international organizations notwithstanding the date of the transmission of such report.138 STAT. 772

(b)

Authorized Deviations.—

Unless otherwise provided for by this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as applicable, may only deviate up to 10 percent from the amounts specifically designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided,

Determination.

That such percentage may be exceeded only if the Secretary of State or USAID Administrator, as applicable, determines and reports in writing to the Committees on Appropriations on a case-by-case basis that such deviation is necessary to respond to significant, exigent, or unforeseen events, or to address other exceptional circumstances directly related to the national security interest of the United States, including a description of such events or circumstances:

Provided further,

Requirement.

Consultation.

Notification.

That deviations pursuant to the preceding proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(c)

Limitation.—

For specifically designated amounts that are included, pursuant to subsection (a), in the report required by section 653(a) of the Foreign Assistance Act of 1961, deviations authorized by subsection (b) may only take place after submission of such report.

(d)

Exceptions.—

(1)

Subsections (a) and (b) shall not apply to—

(A)

funds for which the initial period of availability has expired; and

(B)

amounts designated by this Act as minimum funding requirements.

(2)

The authority of subsection (b) to deviate from amounts designated in the respective tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) shall not apply to the table included under the heading “Global Health Programs” in such statement.

(3)

Applicability.

With respect to the amounts designated for “Global Programs” in the table under the heading “Economic Support Fund” included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), the matter preceding the first proviso in subsection (b) of this section shall be applied by substituting “5 percent” for “10 percent”, and the provisos in such subsection (b) shall not apply.

(e)

Reports.—

The Secretary of State, USAID Administrator, and other designated officials, as appropriate, shall submit the reports required, in the manner described, in House Report 118–146, Senate Report 118–71, and the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), unless otherwise directed in such explanatory statement.

(f)

Clarification.—

Funds appropriated by this Act under the headings “International Disaster Assistance” and “Migration and Refugee Assistance” shall not be included for purposes of meeting amounts designated for countries in this Act, unless such headings are specifically designated as the source of funds.138 STAT. 773

multi-year pledges

Sec. 7020.

Notification.

Consultation.

Time period.

None of the funds appropriated or otherwise made available by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was: (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at least 7 days in advance of the pledge.

prohibition on assistance to governments supporting international terrorism

Sec. 7021.

(a)

Lethal Military Equipment Exports.—

(1)

Prohibition.—

None of the funds appropriated or otherwise made available under titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)):

Provided,

President.

Determinations.

That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment:

Provided further, That

Termination date.

this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.

(2)

Determination.—

Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States.

(3)

Estimate.

Report.—

Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers the United States national interest.

(b)

Bilateral Assistance.—

(1)

Limitations.—

Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines—

(A)

grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism;

(B)

otherwise supports international terrorism; or

(C)

is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).138 STAT. 774

(2)

Waiver.—

The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver:

Provided,

Federal Register, publication.

Time period.

Notification.

That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.

authorization requirements

Sec. 7022.

Funds appropriated by this Act, except funds appropriated under the heading “Trade and Development Agency”, may be obligated and expended notwithstanding section 10 of Public Law 91–672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).

definition of program, project, and activity

Sec. 7023.

For the purpose of titles II through VI of this Act, “program, project, and activity” shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, and “Foreign Military Financing Program” accounts, “program, project, and activity” shall also be considered to include country, regional, and central program level funding within each such account, and for the development assistance accounts of the United States Agency for International Development, “program, project, and activity” shall also be considered to include central, country, regional, and program level funding, either as—

(1)

justified to Congress; or

(2)

allocated by the Executive Branch in accordance with the report required by section 653(a) of the Foreign Assistance Act of 1961 or as modified pursuant to section 7019 of this Act.

authorities for the peace corps, inter-american foundation, and united states african development foundation

Sec. 7024.

Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act:

Provided, That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action.138 STAT. 775

commerce, trade and surplus commodities
Consultation.
Reports.

Sec. 7025.

(a)

World Markets.—

None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the United States International Development Finance Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity:

Provided,

Notification.

That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations:

Provided further, That this subsection shall not prohibit—

(1)

activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or

(2)

President.

Determination.

activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.

(b)

Exports.—

None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States:

Provided, That this subsection shall not prohibit—

(1)

activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States;

(2)

research activities intended primarily to benefit United States producers;

(3)

(4)

President.

Determination.

activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency.

(c)

22 USC 262h note.

International Financial Institutions.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and 138 STAT. 776 vote of the United States to oppose any assistance by such institution, using funds appropriated or otherwise made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.

separate accounts

Sec. 7026.

Requirements.

22 USC 2362 note.

(a)

Separate Accounts for Local Currencies.—

(1)

Agreements.—

If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall—

(A)

require that local currencies be deposited in a separate account established by that government;

(B)

enter into an agreement with that government which sets forth—

(i)

the amount of the local currencies to be generated; and

(ii)

the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and

(C)

establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account.

(2)

Uses of local currencies.—

As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only—

(A)

to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as—

(i)

project and sector assistance activities; or

(ii)

debt and deficit financing; or

(B)

for the administrative requirements of the United States Government.

(3)

Programming accountability.—

USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).

(4)

Termination of assistance programs.—

Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government.

(b)

Notifications.

Separate Accounts for Cash Transfers.—

(1)

In general.—

If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act 138 STAT. 777 of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds.

(2)

Applicability of other provisions of law.—

Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance, including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159).

(3)

Time period.

President.

Notification.—

At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by such assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).

(4)

Exemption.—

Nonproject sector assistance funds may be exempt from the requirements of paragraph (1) only through the regular notification procedures of the Committees on Appropriations.

eligibility for assistance

Sec. 7027.

(a)

Assistance Through Nongovernmental Organizations.—

Restrictions

Notifications.

contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading “Assistance for Europe, Eurasia and Central Asia”:

Provided,

President.

That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance:

Provided further,

Abortion.

Sterilization.

That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.

(b)

Public Law 480.—

During fiscal year 2024, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.):

Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.

(c)

Exception.—

This section shall not apply—

(1)

with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting 138 STAT. 778 assistance to countries that support international terrorism; or

(2)

with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights.

promotion of united states economic interests

Sec. 7028.

(a)

Diplomatic Engagement.—

Consistent with section 704 of the Championing American Business Through Diplomacy Act of 2019 (title VII of division J of Public Law 116–94), the Secretary of State, in consultation with the Secretary of Commerce, should prioritize the allocation of funds appropriated by this Act under the heading “Diplomatic Programs” for support of Chief of Mission diplomatic engagement to foster commercial relations and safeguard United States economic and business interests in the country in which each Chief of Mission serves, including activities and initiatives to create and maintain an enabling environment, promote and protect such interests, and resolve commercial disputes:

Provided, That each Mission Resource Request and Bureau Resource Request shall include amounts required to prioritize the activities described in this subsection.

(b)

Assessment.

Review.

22 USC 4028 note.

Training.—

In carrying out section 705 of title VII of division J of Public Law 116–94, the Secretary of State shall annually assess training needs across the economic and commercial diplomacy issue areas and ensure, after a review of course offerings, course attendance records, and course evaluation results, that current offerings meet training needs.

(c)

Assistance.—

The Secretary of State should direct each Chief of Mission to consider how best to advance and support commercial relations and the safeguarding of United States business interests in the development and execution of the applicable Integrated Country Strategy and the Mission Resource Request for each country receiving bilateral assistance from funds appropriated by this Act.

international financial institutions

Sec. 7029.

Public information.

(a)

Evaluations.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to adopt and implement a publicly available policy, including the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effectiveness of at least 35 percent of all loans, grants, programs, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accurate data and objective analysis.

(b)

Safeguards.—

(1)

Standard.—

The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to use the voice and vote of the United States to oppose any loan, grant, policy, or strategy if such institution has adopted and is implementing 138 STAT. 779 any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015.

(2)

Accountability, standards, and best practices.—

(A)

provide for accountability and transparency, including the collection, verification, and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project;

(B)

will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior and informed consent of affected Indigenous communities;

(C)

Human rights.

do not provide incentives for, or facilitate, forced displacement or other violations of human rights; and

(D)

do not partner with or otherwise involve enterprises owned or controlled by the armed forces.

(c)

Compensation.—

None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(d)

Human Rights.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to promote human rights due diligence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution in accordance with the requirements specified under this section in Senate Report 118–71.

(e)

Fraud and Corruption.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to include in loan, grant, and other financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption.

(f)

Beneficial Ownership Information.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to collect, verify, and publish, to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that receives funds from any such financial institution.138 STAT. 780

(g)

Whistleblower Protections.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to effectively implement and enforce policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including—

(1)

protection against retaliation for internal and lawful public disclosure;

(2)

legal burdens of proof;

(3)

statutes of limitation for reporting retaliation;

(4)

access to binding independent adjudicative bodies, including shared cost and selection external arbitration; and

(5)

results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment.

(h)

Grievance Mechanisms and Procedures.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to support independent investigative and adjudicative mechanisms and procedures that meet or exceed best practices in the United States to provide due process and fair compensation, including the right to reinstatement, for employees who are subjected to harassment, discrimination, retaliation, false allegations, or other misconduct.

(i)

President.

Budget request.

Determination.

Reports.

Capital Increases.—

None of the funds appropriated by this Act may be made available to support a new capital increase for an international financial institution unless the President submits a budget request for such increase to Congress and the Secretary of the Treasury determines and reports to the Committees on Appropriations that—

(1)

the institution has completed a thorough analysis of the development challenges facing the relevant geographical region, the role of the institution in addressing such challenges and its role relative to other financing partners, and the steps to be taken to enhance the efficiency and effectiveness of the institution; and

(2)

the governors of such institution have approved the capital increase.

(j)

China.

Report.—

Not later than 120 days after the date of enactment of this Act, the Secretary of the Treasury shall submit a report to the Committees on Appropriations detailing any funding provided in the prior calendar year by a financial intermediary fund overseen by the Department of the Treasury to the People’s Republic of China or any country or region subject to comprehensive sanctions by the United States.

economic resilience initiative

Sec. 7030.

(a)

Assistance.—

Funds appropriated by this Act under the heading “Economic Support Fund” shall be made available for the Economic Resilience Initiative to enhance the economic security and stability of the United States and partner countries, including through efforts to counter economic coercion:

Provided, That such funds are in addition to funds otherwise made available for such purposes by this Act, including funds made available under the heading “Treasury International Assistance Programs”:

Provided further,

Consultation.

Notification.

That funds made available by this subsection 138 STAT. 781 may only be made available following consultation with, and the regular notification procedures of, the Committees on Appropriations, and shall include—

(1)

not less than $55,000,000 for strategic infrastructure investments, which shall be administered by the Secretary of State in consultation with the heads of other relevant Federal agencies:

Provided,

Transfer authority.

That such funds may be transferred to, and merged with, funds appropriated by this Act to the Export-Import Bank of the United States under the heading “Program Account”, to the United States International Development Finance Corporation under the heading “Corporate Capital Account”, and under the heading “Trade and Development Agency”:

Provided further,

Notification.

That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to the regular notification procedures of the Committees on Appropriations;

(2)

not less than $50,000,000 to enhance critical mineral supply chain security;

(3)

not less than $60,000,000 for economic resilience programs administered by the Administrator of the United States Agency for International Development, consistent with the strategy required in subsection (d); and

(4)

not less than $50,000,000 for the Cyberspace, Digital Connectivity, and Related Technologies Fund in accordance with Chapter 10 of Part II of the Foreign Assistance Act of 1961:

Provided,

Applicability.

That the authority of section 592(f) of such Act may apply to amounts made available for such Fund under the heading “Economic Support Fund” and such funds may be made available for the Digital Connectivity and Cybersecurity Partnership program consistent with section 6306 of the Department of State Authorization Act of 2023 (division F of Public Law 118–31):

Provided further, That funds made available pursuant to this paragraph are in addition to funds otherwise made available for such purposes and shall be coordinated with the USAID Administrator, including for relevant USAID programming.

(b)

Foreign countries.

Loan Guarantees.—

Funds appropriated under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, including funds made available pursuant to this section, may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Egypt, Jordan, Small Island Developing States, and Ukraine, which are authorized to be provided and which shall be administered by the United States Agency for International Development unless otherwise provided for by this Act or any other provision of law:

Provided, That amounts made available under this subsection for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country:

Provided further,

Requirement.

Consultation.

Notification.

That funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.

(c)

Allocations.

CHIPS for America International Technology Security and Innovation Fund.—

138 STAT. 782

(1)

Deadline.

Within 45 days of enactment of this Act, the Secretary of State shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund for fiscal year 2024 pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167), to the accounts specified and in the amounts specified, in the table titled “CHIPS for America International Technology Security and Innovation Fund” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided,

Requirement.

Consultation.

Notification.

That such funds shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(2)

President.

Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(c)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Department of State, Foreign Operations, and Related Programs:

Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America International Technology Security and Innovation Fund, which may be allocated pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in paragraph (1) of this subsection.

(3)

Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of State shall submit to the Committees on Appropriations proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(c)(2) of the CHIPS Act of 2022 for fiscal year 2025.

(4)

Time period.

Reports.

The Secretary of State shall provide the Committees on Appropriations quarterly reports on the status of balances of projects and activities funded by the CHIPS for America International Technology Security and Innovation Fund for amounts allocated pursuant to paragraph (1) of this subsection, including all uncommitted, committed, and unobligated funds.

(5)

Loans.

Amounts transferred to the Export-Import Bank and the United States International Development Finance Corporation pursuant to the transfer authority in section 102(c)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167) may be made available for the costs of direct loans and loan guarantees, including the cost of modifying such loans, as defined in section 502 of the Congressional Budget Act of 1974.

(d)

Deadline.

Consultation.

Strategy.—

Not later than 90 days after the date of enactment of this Act and following consultation with the Committees on Appropriations, the Secretary of State, Secretary of the Treasury, and USAID Administrator, in consultation with the heads of other relevant Federal agencies, shall jointly submit a strategy to the Committees on Appropriations detailing the planned uses of funds provided by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, 138 STAT. 783 and other Acts, consistent with the purposes of this section, including through cooperation with the private sector.

financial management, budget transparency, and anti-corruption

Sec. 7031.

(a)

Limitation on Direct Government-to-Government Assistance.—

(1)

Requirements.—

Funds appropriated by this Act may be made available for direct government-to-government assistance only if—

(A)

the requirements included in section 7031(a)(1)(A) through (E) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6) are fully met; and

(B)

the government of the recipient country is taking steps to reduce corruption.

(2)

Consultation and notification.—

In addition to the requirements in paragraph (1), funds may only be made available for direct government-to-government assistance subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided, That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1):

Provided further,

Applicability.

That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals.

(3)

Reports.

Suspension of assistance.—

The Administrator of the United States Agency for International Development or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed.

(4)

Submission of information.—

The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2025 congressional budget justification materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance.

(5)

China.

Debt service payment prohibition.—

None of the funds made available by this Act may be used by the government of any foreign country for debt service payments owed by any country to any international financial institution or to the Government of the People’s Republic of China.

(b)

Updates.

National Budget and Contract Transparency.—

(1)

Minimum requirements of fiscal transparency.—

The Secretary of State shall continue to update and strengthen the “minimum requirements of fiscal transparency” for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the 138 STAT. 784 Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76).

(2)

Public information.

Web posting.

Determination and report.—

For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after the date of enactment of this Act, shall make or update any determination of “significant progress” or “no significant progress” in meeting the minimum requirements of fiscal transparency, and make such determinations publicly available in an annual “Fiscal Transparency Report” to be posted on the Department of State website:

Provided, That such report shall include the elements included under this section in House Report 118–146.

(3)

Assistance.—

Not less than $7,000,000 of the funds appropriated by this Act under the heading “Economic Support Fund” shall be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency.

(c)

8 USC 1182 note.

Anti-Kleptocracy and Human Rights.—

(1)

Ineligibility.—

(A)

Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United States citizen or national, shall be ineligible for entry into the United States.

(B)

Determination.

Concurrent with the application of subparagraph (A), the Secretary shall, as appropriate, refer the matter to the Office of Foreign Assets Control, Department of the Treasury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in such subparagraph.

(C)

The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa.

(2)

Exception.—

Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement:

Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements.

(3)

Determination.

Waiver.—

The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently.138 STAT. 785

(4)

Time periods.

Termination date.

Classified

information.

List.

Report.—

Not later than 30 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2025, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver.

(5)

Posting of report.—

Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website.

(6)

Clarification.—

For purposes of paragraphs (1), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential.

(d)

Extraction of Natural Resources.—

(1)

Assistance.—

Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2052) and the amendments made by such section, and to prevent the sale of conflict minerals, and for technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management.

(2)

Public disclosure and independent audits.—

(A)

The Secretary of the Treasury shall instruct the executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institutions (including any loan, credit, grant, or guarantee) to any country for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiving such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents, as appropriate.

(B)

The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph.138 STAT. 786

(e)

Foreign Assistance Website.—

Funds appropriated by this Act under titles I and II, and funds made available for any independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United States Government foreign assistance on the “ForeignAssistance.gov” website:

Provided, That all Federal agencies funded under this Act shall provide such information on foreign assistance, upon request and in a timely manner, to the Department of State and the United States Agency for International Development.

democracy programs

Sec. 7032.

(a)

Funding.—

(1)

In general.—

Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “Democracy Fund”, “Assistance for Europe, Eurasia and Central Asia”, and “International Narcotics Control and Law Enforcement”, $2,900,000,000 should be made available for democracy programs.

(2)

Programs.—

Of the funds made available for democracy programs under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” pursuant to paragraph (1), not less than $117,040,000 shall be made available to the Bureau of Democracy, Human Rights, and Labor, Department of State.

(b)

Authorities.—

(1)

Availability.—

Funds made available by this Act for democracy programs pursuant to subsection (a) and under the heading “National Endowment for Democracy” may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation.

(2)

Beneficiaries.—

Funds made available by this Act for the NED are made available pursuant to the authority of the National Endowment for Democracy Act (title V of Public Law 98–164), including all decisions regarding the selection of beneficiaries.

(c)

Definition of Democracy Programs.—

For purposes of funds appropriated by this Act, the term “

democracy programs

” means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, labor rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens.

(d)

Program Prioritization.—

Funds made available pursuant to subsection (a) to strengthen ministries and agencies should be prioritized in countries that demonstrate a strong commitment to the separation of powers, checks and balances, the rule of law, and credible electoral processes.

(e)

Restrictions on Foreign Government Interference.—

(1)

Prior approval.—

With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of the assistance, and the participants in such programs shall not 138 STAT. 787 be subject to prior approval by the government of any foreign country.

(2)

Disclosure of implementing partner information.—

If the

Determination.

Negotiation.

Secretary of State, in consultation with the Administrator of the United States Agency for International Development, determines that the government of the country is undemocratic or has engaged in or condoned harassment, threats, or attacks against organizations implementing democracy programs, any new bilateral agreement governing the terms and conditions under which assistance is provided to such country shall not require the disclosure of the names of implementing partners of democracy programs, and the Secretary of State and the USAID Administrator shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform to this requirement.

(f)

Continuation of Current Practices.—

USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this Act in a manner that recognizes the unique benefits of grants and cooperative agreements in implementing such programs.

(g)

Protection of Civil Society Activists and Journalists.—

Funds appropriated by this Act under the headings “Economic Support Fund” and “Democracy Fund” shall be made available to support and protect civil society activists and journalists who have been threatened, harassed, or attacked, including journalists affiliated with the United States Agency for Global Media.

(h)

International Freedom of Expression and Independent Media.—

Funds appropriated by this Act under the heading “Economic Support Fund” shall be made available for programs to protect international freedom of expression and independent media, including through multilateral initiatives.

international religious freedom

Sec. 7033.

(a)

International Religious Freedom Office.—

Funds appropriated by this Act under the heading “Diplomatic Programs” shall be made available for the Office of International Religious Freedom, Department of State.

(b)

Assistance.—

Funds appropriated by this Act under the headings “Economic Support Fund”, “Democracy Fund”, and “International Broadcasting Operations” shall be made available for international religious freedom programs and funds appropriated by this Act under the headings “International Disaster Assistance” and “Migration and Refugee Assistance” shall be made available for humanitarian assistance for vulnerable and persecuted ethnic and religious minorities:

Provided,

Requirement.

Consultation.

That funds made available by this Act under the headings “Economic Support Fund” and “Democracy Fund” pursuant to this section shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials, and shall be subject to prior consultation with the Committees on Appropriations.

(c)

Authority.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Economic Support Fund” may be made available notwithstanding any other provision 138 STAT. 788 of law for assistance for ethnic and religious minorities in Iraq and Syria.

(d)

Extension.

Designation of Non-State Actors.—

Section 7033(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) shall continue in effect during fiscal year 2024.

special provisions

Sec. 7034.

(a)

Victims of War, Displaced Children, and Displaced Burmese.—

Funds appropriated in title III of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking may be made available notwithstanding any other provision of law.

(b)

Forensic Assistance.—

(1)

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $20,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State:

Provided, That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries.

(2)

Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement”, not less than $10,000,000 shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico.

(c)

World Food Programme.—

Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act that remain available for obligation may be made available as a general contribution to the World Food Programme.

(d)

Directives and Authorities.—

(1)

Research and training.—

Funds appropriated by this Act under the heading “Assistance for Europe, Eurasia and Central Asia” shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501 et seq.).

(2)

Notification.

Genocide victims memorial sites.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations.

(3)

Private sector partnerships.—

Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund” that are made available for private sector partnerships, including partnerships with 138 STAT. 789 philanthropic foundations, up to $50,000,000 may remain available until September 30, 2026:

Provided,

Consultation.

Notification.

That funds made available pursuant to this paragraph may only be made available following prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(4)

Additional authority.—

Of the amounts made available by this Act under the heading “Diplomatic Programs”, up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate collaboration with Indigenous communities.

(5)

Innovation.—

The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6), except that each individual award may not exceed $500,000.

(6)

Development innovation ventures.—

Funds appropriated by this Act under the heading “Development Assistance” and made available for the Development Innovation Ventures program may be made available for the purposes of chapter I of part I of the Foreign Assistance Act of 1961.

(7)

Exchange visitor program.—

None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.), except through the formal rulemaking process pursuant to the Administrative Procedure Act (5 U.S.C. 551 et seq.) and notwithstanding the exceptions to such rulemaking process in such Act:

Provided,

Consultation.

Requirement.

Notification.

That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States:

Provided further,

Deadline.

Federal Register, publication.

That such consultation shall take place not later than 30 days prior to the publication in the Federal Register of any regulatory action modifying the Exchange Visitor Program.

(8)

Payments.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Diplomatic Programs” and “Operating Expenses”, except for funds designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, are available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)):

Provided,

Requirement.

Consultation.

That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees on Appropriations.

(9)

Afghan allies.—

Subsection (b) of section 602 of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note)

is amended

as follows—

(A)

in paragraph (3)(F)—

138 STAT. 790

(i)

in the heading, by

striking

“2023” and

inserting

“2024”;

(ii)

in the matter preceding clause (i), in the first sentence, by

striking

“38,500” and

inserting

“50,500”; and

(iii)

in clause (ii), by

striking

“December 31, 2024” and

inserting

“December 31, 2025”; and

(B)

in paragraph (13), in the matter preceding subparagraph (A), by

striking

“January 31, 2024” and

inserting

“January 31, 2026”.

(e)

Consultation.

Partner Vetting.—

Prior to initiating a partner vetting program, providing a direct vetting option, or making a significant change to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations:

Provided,

Notification.

That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary or Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program:

Provided further, That the Secretary and the Administrator may restrict the award of, terminate, or cancel contracts, grants, or cooperative agreements or require an awardee to restrict the award of, terminate, or cancel a sub-award based on information in connection with a partner vetting program.

(f)

President.

Contingencies.—

During fiscal year 2024, the President may use up to $125,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law.

(g)

Compliance.

International Child Abductions.—

The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980:

Provided,

Reports.

That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection.

(h)

Transfer of Funds for Extraordinary Protection.—

The

Deadline.

Secretary of State may transfer to, and merge with, funds under the heading “Protection of Foreign Missions and Officials” unobligated balances of expired funds appropriated under the heading “Diplomatic Programs” for fiscal year 2024, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated:

Provided, That not more than $50,000,000 may be transferred.

(i)

Protections and Remedies for Employees of Diplomatic Missions and International Organizations.—

Extension.

Time period.

The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94) shall continue in effect during fiscal year 2024.

(j)

Extension.

Time period.

Impact on Jobs.—

Section 7056 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260) shall continue in effect during fiscal year 2024.138 STAT. 791

(k)

Time periods.

Extension of Authorities.—

(1)

5 USC 5753 note.

Incentives for critical posts.—

The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111–32) shall remain in effect through September 30, 2024.

(2)

Categorical eligibility.—

The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167)

is amended

—

(A)

in section 599D (8 U.S.C. 1157 note)—

(i)

in subsection (b)(3), by

striking

“and 2023” and

inserting

“2023, and 2024”; and

(ii)

in subsection (e), by

striking

“2023” each place it appears and

inserting

“2024”; and

(B)

in section 599E(b)(2) (8 U.S.C. 1255 note), by

striking

“2023” and

inserting

“2024”.

(3)

Special inspector general for afghanistan reconstruction competitive status.—

Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications.

(4)

8 USC 1715 note.

Transfer of balances.—

Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31) shall continue in effect during fiscal year 2024.

(5)

Applicability.

Protective services.—

Section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103) shall continue in effect during fiscal year 2024 and shall be applied to funds appropriated by this Act by substituting “$40,000,000” for “$30,000,000”.

(6)

Extension of loan guarantees to israel.—

Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576)

is amended

under the heading “Loan Guarantees to Israel”—

(A)

in the matter preceding the first proviso, by

striking

“September 30, 2028” and

inserting

“September 30, 2029”; and

(B)

in the second proviso, by

striking

“September 30, 2028” and

inserting

“September 30, 2029”.

(7)

Extension of certain personal services contract authority.—

The authority provided in section 2401 of division C of the Extending Government Funding and Delivering Emergency Assistance Act (Public Law 117–43) shall remain in effect through September 30, 2024.

(l)

Monitoring and Evaluation.—

(1)

Beneficiary feedback.—

Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings “Development Assistance”, “International Disaster Assistance”, and “Migration and Refugee Assistance” shall be made available for the regular and systematic collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: 138 STAT. 792

Provided,

Deadline.

Web posting.

Procedures.

Guidelines.

That not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator shall submit to the Committees on Appropriations, and post on their respective websites, updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received:

Provided further, That the Secretary of State and USAID Administrator shall regularly—

(A)

Oversight.

conduct oversight to ensure that such feedback is regularly collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance; and

(B)

Consultation.

consult with the Committees on Appropriations on the results of such oversight.

(2)

Evaluations.—

Of the funds appropriated by this Act under titles III and IV, not less than $15,000,000, to remain available until expended, shall be made available for impact evaluations, including ex-post evaluations, of the effectiveness and sustainability of United States Government-funded assistance programs:

Provided, That of the funds made available pursuant to this paragraph, $10,000,000 shall be administered in coordination with the Office of the Chief Economist, USAID, and may be used for administrative expenses of such Office:

Provided further, That funds made available pursuant to this paragraph are in addition to funds otherwise made available for such purposes.

(m)

HIV/AIDS Working Capital Fund.—

Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–447) may be made available for pharmaceuticals and other products for child survival, malaria, tuberculosis, and emerging infectious diseases to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section:

Provided,

Requirement.

Notification.

That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–447) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund.

(n)

Local Works.—

(1)

Funding.—

Of the funds appropriated by this Act under the headings “Development Assistance” and “Economic Support Fund”, not less than $100,000,000 shall be made available for Local Works pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), which may remain available until September 30, 2028.

(2)

Time period.

22 USC 2152i note.

Eligible entities.—

For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 138 STAT. 793 113–235), “eligible entities” shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID over the previous 5 fiscal years:

Provided, That departments or centers of such educational institutions may be considered individually in determining such eligibility.

(o)

Time period.

Extension of Procurement Authority.—

Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74) shall continue in effect during fiscal year 2024.

(p)

Applicability.

Time period.

Extension.—

Section 7034(r) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103) shall apply during fiscal year 2024.

(q)

Staff Care Services for Afghan Nationals.—

Up to $50,000 of the funds appropriated by this Act and prior acts making appropriations for the Department of State, foreign operations, and related programs that are made available to carry out section 7901 of title 5, United States Code, may be used by USAID to provide services to individuals who have served as locally employed staff of the USAID mission in Afghanistan.

(r)

War Crimes Accountability.—

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $5,000,000 shall be made available for the purposes authorized by section 2015 of Public Law 107–206, as amended by section 7073 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328), including not less than $2,500,000 as a contribution to the Trust Fund for Victims.

(s)

Definitions.—

(1)

8 USC 1182 note.

Appropriate congressional committees.—

Unless otherwise defined in this Act, for purposes of this Act the term “

appropriate congressional committees

” means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives.

(2)

Funds appropriated by this act and prior acts.—

Unless otherwise defined in this Act, for purposes of this Act the term “

funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs

” means funds that remain available for obligation, and have not expired.

(3)

22 USC 262h note.

International financial institutions.—

In this Act “international financial institutions” means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the International Fund for Agricultural Development, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency.

(4)

Pacific islands countries.—

In this Act, the term “

Pacific Islands countries

” means the Cook Islands, the Republic 138 STAT. 794 of Fiji, the Republic of Kiribati, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Nauru, Niue, the Republic of Palau, the Independent State of Papua New Guinea, the Independent State of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic of Vanuatu.

(5)

Spend plan.—

In this Act, the term “

spend plan

” means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of—

(A)

realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals;

(B)

amounts and sources of funds by account;

(C)

how such funds will complement other ongoing or planned programs; and

(D)

implementing partners, to the maximum extent practicable.

(6)

Successor operating unit.—

Any reference to a particular operating unit or office in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit performing the same or similar functions.

(7)

22 USC 2152i note.

USAID.—

In this Act, the term “

USAID

” means the United States Agency for International Development.

law enforcement and security

Sec. 7035.

(a)

Assistance.—

(1)

Community-based police assistance.—

Funds made available under titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.

(2)

Combat casualty care.—

(A)

Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds appropriated by this Act under the headings “Peacekeeping Operations” and “Foreign Military Financing Program” shall be made available for combat casualty training and equipment in an amount above the prior fiscal year.

(B)

The Secretary of State shall offer combat casualty care training and equipment as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings “Peacekeeping Operations” and “Foreign Military Financing Program”:

Provided,

Applicability.

Determination.

That the requirement of this subparagraph shall apply to a country in conflict, unless the Secretary determines that such country has in place, to the maximum extent practicable, functioning combat casualty care treatment and equipment 138 STAT. 795 that meets or exceeds the standards recommended by the Committee on Tactical Combat Casualty Care:

Provided further, That any such training and equipment for combat casualty care shall be made available through an open and competitive process.

(3)

Casualty rehabilitation.—

Of the funds appropriated under the heading “Assistance for Europe, Eurasia and Central Asia” in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less than $2,000,000 shall be made available for a program to provide medical and casualty rehabilitation services, consistent with the purposes under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(4)

Training related to international humanitarian law.—

The Secretary of State shall offer training related to the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings “Peacekeeping Operations” and “Foreign Military Financing Program”:

Provided, That the requirement of this paragraph shall not apply to a country that is a member of the North Atlantic Treaty Organization (NATO), is a major non-NATO ally designated by section 517(b) of the Foreign Assistance Act of 1961, or is complying with international humanitarian law:

Provided further, That any such training shall be made available through an open and competitive process.

(5)

International prison conditions.—

Funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, and “International Narcotics Control and Law Enforcement” shall be made available for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities, notwithstanding section 660 of the Foreign Assistance Act of 1961:

Provided,

Consultation.

Deadline.

That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation and not later than 60 days after the date of enactment of this Act:

Provided further, That such funds shall be in addition to funds otherwise made available by this Act for such purpose.

(b)

Authorities.—

(1)

Reconstituting civilian police authority.—

In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.

(2)

Disarmament, demobilization, and reintegration.—

Section

Extension.

Time period.

7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235) shall continue in effect during fiscal year 2024.

(3)

Requirement.

Notification.

Israel.

Egypt.

Contracts.

President.

Determination.

22 USC 2763 note.

Commercial leasing of defense articles.—

Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act 138 STAT. 796 (22 U.S.C. 2763) may be used to provide financing to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act.

(4)

Special defense acquisition fund.—

Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the purposes of the Special Defense Acquisition Fund (the Fund), to remain available for obligation until September 30, 2026:

Provided,

Requirement.

That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State.

(5)

Extension of war reserves stockpile authority.—

Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A))

is amended

striking

“or 2025” and

inserting

“2025 and 2026”.

(6)

Program clarification.—

Notwithstanding section 503(a)(3) of Public Law 87–195 (22 U.S.C. 2311(a)(3)), the procurement of defense articles and services funded on a non-repayable basis under section 23 of the Arms Export Control Act may be priced to include the costs of salaries of members of the Armed Forces of the United States engaged in security assistance activities pursuant to 10 U.S.C. 341 (relating to the State Partnership Program):

Provided,

Applicability.

That this paragraph shall only apply to funds that remain available for obligation in fiscal year 2024.

(7)

Reprogramming.—

Notwithstanding any other provision of law or regulation, equipment procured with funds appropriated in prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Pakistan Counterinsurgency Capability Fund” may be used for any other program and in any region:

Provided, That

Requirement.

Consultation.

Notification.

any such transfer shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations.

(c)

Limitations.—

(1)

Child soldiers.—

Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers.

(2)

Landmines and cluster munitions.—

(A)

Landmines.—

Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe.138 STAT. 797

(B)

Cluster munitions.—

No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—

(i)

the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or

(ii)

such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions.

(3)

Determinations.

Crowd control.—

If the Secretary of State has information that a unit of a foreign security force uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment or human health, or the fairness of electoral processes, or in countries that are undemocratic or undergoing democratic transition, the Secretary shall promptly determine if such information is credible:

Provided, That if the information is determined to be credible, funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for such unit, unless the Secretary of State determines that the foreign government is taking effective measures to bring the responsible members of such unit to justice.

(4)

Oversight and accountability.—

(A)

Consultation.

Compliance.

Prior to the signing of a new Letter of Offer and Acceptance (LOA) involving funds appropriated under the heading “Foreign Military Financing Program”, the Secretary of State shall consult with each recipient government to ensure that the LOA between the United States and such recipient government complies with the purposes of section 4 of the Arms Export Control Act (22 U.S.C. 2754) and that the defense articles, services, and training procured with funds appropriated under such heading are consistent with United States national security policy.

(B)

Notification.

The Secretary of State shall promptly inform the appropriate congressional committees of any instance in which the Secretary of State has credible information that such assistance was used in a manner contrary to such agreement.

(d)

Definitions.

Other Matters.—

(1)

Security assistance report.—

Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2023, by country and purpose of assistance, under the headings “Peacekeeping Operations”, “International Military Education and Training”, and “Foreign Military Financing Program”.138 STAT. 798

(2)

Annual foreign military training report.—

For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term “

military training provided to foreign military personnel by the Department of Defense and the Department of State

” shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated by section 517(b) of such Act (22 U.S.C. 2321k(b)) as a major non-NATO ally:

Provided, That such third-country training shall be clearly identified in the report submitted pursuant to section 656 of such Act.

(3)

Leahy law.—

For purposes of implementing section 620M of the Foreign Assistance Act of 1961, the term “

credible information

” means information that, considering the source of such information and the surrounding circumstances, supports a reasonable belief that a violation has occurred, and shall not be determined solely on the basis of the number of sources; whether the source has been critical of a policy of the United States Government or its security partners; whether the source has a personal connection to the information being reported; or whether the United States Government is able to independently verify the information.

countering the flow of fentanyl and other synthetic drugs

Sec. 7036.

(a)

Assistance.—

Of the funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement”, not less than $125,000,000 shall be made available for programs to counter the flow of fentanyl, fentanyl precursors, and other synthetic drugs into the United States:

Provided, That such funds shall be in addition to funds otherwise made available for such purposes.

(b)

Uses of Funds.—

Funds made available pursuant to subsection (a) shall be made available to support—

(1)

China.

Mexico.

efforts to stop the flow of fentanyl, fentanyl precursors, and other synthetic drugs and their precursor materials to the United States from and through the People’s Republic of China (PRC), Mexico, and other countries;

(2)

law enforcement cooperation and capacity building efforts aimed at disrupting and dismantling transnational criminal organizations involved in the production and trafficking of fentanyl, fentanyl precursors, and other synthetic drugs;

(3)

implementation of the Fighting Emerging Narcotics Through Additional Nations to Yield Lasting Results Act (part 7 of subtitle C of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Public Law 117–263); and

(4)

engagement, including through multilateral organizations and frameworks, to catalyze collective action to address the public health and security threats posed by fentanyl, fentanyl precursors, and other synthetic drugs, including through the Global Coalition to Address Synthetic Drug Threats.

(c)

Counter Fentanyl Coordination.—

The Secretary of State shall designate an existing senior official of the Department of 138 STAT. 799 State at the rank of Deputy Assistant Secretary or above to coordinate counter fentanyl efforts, whose responsibilities shall include—

(1)

ensuring that funds made available pursuant to subsection (a) are implemented in a targeted and effective manner, including by providing policy guidance and coordination; and

(2)

coordinating diplomatic engagement and other activities with the heads of other relevant Federal agencies and domestic and international stakeholders.

(d)

Reports.—

(1)

Assessment.

China.

The Secretary of State shall, in consultation with the heads of other relevant Federal agencies and not later than 90 days after the date of enactment of this Act, submit a report to the appropriate congressional committees detailing and assessing the cooperation of the PRC in countering the flow of fentanyl, fentanyl precursors, and other synthetic drugs, and describing actions taken by the United States in coordination with other countries to engage the PRC on taking concrete and measurable steps to stop the flow of fentanyl, fentanyl precursors, and other synthetic drugs from the PRC to other countries:

Provided,

Updates.

Time period.

Termination date.

That such report shall be updated and resubmitted quarterly thereafter until September 30, 2025.

(2)

Mexico.

Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees detailing how assistance for Mexico is strategically aligned to address the proliferation of fentanyl, fentanyl precursors, and other synthetic drugs from Mexico to the United States.

palestinian statehood

Sec. 7037.

Determination.

Certification.

(a)

Limitation on Assistance.—

None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that—

(1)

the governing entity of a new Palestinian state—

(A)

has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and

(B)

is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and

(2)

the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include—

(A)

termination of all claims or states of belligerency;

(B)

respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones;

(C)

their right to live in peace within secure and recognized boundaries free from threats or acts of force;138 STAT. 800

(D)

freedom of navigation through international waterways in the area; and

(E)

a framework for achieving a just settlement of the refugee problem.

(b)

Sense of Congress.—

It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance.

(c)

President.

Determination.

Waiver.—

The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so.

(d)

Exemption.—

The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (“Limitation on Assistance for the Palestinian Authority”).

prohibition on assistance to the palestinian broadcasting corporation

Sec. 7038.

None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation.

assistance for the west bank and gaza

Sec. 7039.

Deadline.

Certification.

Procedures.

Records.

Review.

(a)

Oversight.—

For fiscal year 2024, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading “Economic Support Fund” for the West Bank and Gaza.

(b)

Terrorism.

Determinations.

Vetting.—

Prior to the obligation of funds appropriated by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization:

Provided,

Procedures.

Termination.

That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity.

(c)

Prohibition.—

138 STAT. 801

(1)

Recognition of acts of terrorism.—

None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for—

(A)

the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism; and

(B)

Determination.

any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism.

(2)

Security assistance and reporting requirement.—

Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on—

(A)

the benchmarks that have been established for security assistance for the West Bank and Gaza and on the extent of Palestinian compliance with such benchmarks; and

(B)

the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes.

(d)

Oversight by the United States Agency for International Development.—

(1)

Audits.

Contracts.

Grants.

Deadline.

Compliance.

The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.

(2)

Of the funds appropriated by this Act, up to $1,400,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection:

Provided, That such funds are in addition to funds otherwise available for such purposes.

(e)

Comptroller General of the United States Audit.—

Subsequent

Investigation.

to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2024 under the heading “Economic Support Fund”, and such audit shall address—

(1)

Compliance.

the extent to which such Program complies with the requirements of subsections (b) and (c); and

(2)

Examination.

an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.

(f)

Requirement.

Notification Procedures.—

Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.138 STAT. 802

limitation on assistance for the palestinian authority

Sec. 7040.

(a)

President.

Prohibition of Funds.—

None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.

(b)

Certification.

Waiver.—

The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States.

(c)

Period of Application of Waiver.—

Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.

(d)

Report.—

Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed:

Provided, That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.

(e)

Reports.

Certification.—

If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel.

(f)

Prohibition to Hamas and the Palestine Liberation Organization.—

(1)

None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence.

(2)

Certification.

Reports.

Compliance.

Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as amended.

(3)

The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with respect to this subsection.138 STAT. 803

(4)

Reports.

Time period.

Compliance.

Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as amended:

Provided, That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government.

(5)

None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization.

middle east and north africa

Sec. 7041.

(a)

Egypt.—

(1)

Assistance.—

Of the funds appropriated by this Act, not less than $1,425,000,000 should be made available for assistance for Egypt, of which—

(A)

not less than $125,000,000 shall be made available from funds under the heading “Economic Support Fund”, of which not less than $40,000,000 should be made available for higher education programs, including not less than $15,000,000 for scholarships for Egyptian students with high financial need to attend not-for-profit institutions of higher education in Egypt that are currently accredited by a regional accrediting agency recognized by the United States Department of Education, or meets standards equivalent to those required for United States institutional accreditation by a regional accrediting agency recognized by such Department:

Provided, That such funds shall be made available for democracy programs, and for development programs in the Sinai; and

(B)

not less than $1,300,000,000 should be made available from funds under the heading “Foreign Military Financing Program”, to remain available until September 30, 2025:

Provided,

Transfer authority.

Consultation.

Requirement.

Notification.

That such funds may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations and the uses of any interest earned on such funds shall be subject to the regular notification procedures of the Committees on Appropriations.

(2)

Certification and report.—

Funds appropriated by this Act that are available for assistance for Egypt may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and section 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that such government is—

(A)

sustaining the strategic relationship with the United States; and

(B)

meeting its obligations under the 1979 Egypt-Israel Peace Treaty.138 STAT. 804

(3)

Certification.

Reports.

Withholding.—

Of the funds made available pursuant to paragraph (1)(B), $320,000,000 shall be withheld from obligation until the Secretary certifies and reports to the Committees on Appropriations that the Government of Egypt is meeting the requirements under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided,

Waiver authority.

Determination.

That the Secretary may waive such requirement if the Secretary determines and reports to the Committees on Appropriations that such funds are necessary for counterterrorism, border security, or nonproliferation programs or that it is otherwise important to the national security interest of the United States to do so, including a detailed justification for the use of such waiver and the reasons why any of the requirements cannot be met:

Provided further, That the report required by the previous proviso shall be submitted in unclassified form but may be accompanied by a classified annex.

(b)

Iran.—

(1)

Funding.—

Funds appropriated by this Act under the headings “Diplomatic Programs”, “Economic Support Fund”, and “Nonproliferation, Anti-terrorism, Demining and Related Programs” shall be made available—

(A)

to support the United States policy to prevent Iran from achieving the capability to produce or otherwise obtain a nuclear weapon;

(B)

to support an expeditious response to any violation of United Nations Security Council Resolutions or to efforts that advance Iran’s nuclear program;

(C)

to support the implementation and enforcement of sanctions against Iran for support of nuclear weapons development, terrorism, human rights abuses, and ballistic missile and weapons proliferation; and

(D)

for democracy programs in support of the aspirations of the Iranian people.

(2)

Reports.—

(A)

Semi-annual report.—

The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the Iran Nuclear Agreement Review Act of 2015 (Public Law 114–17).

(B)

Sanctions report.—

Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on—

(i)

the status of United States bilateral sanctions on Iran;

(ii)

the reimposition and renewed enforcement of secondary sanctions; and

(iii)

the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East.

(3)

Limitations.—

None of the funds appropriated by this Act may be used to—

(A)

implement an agreement with the Government of Iran relating to the nuclear program of Iran, or a renewal of the Joint Comprehensive Plan of Action adopted on 138 STAT. 805 October 18, 2015, in contravention of the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C. 2160e); or

(B)

revoke the designation of the Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

(c)

Iraq.—

(1)

Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for—

(A)

bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq;

(B)

stabilization assistance, including in Anbar Province;

(C)

programs to support government transparency and accountability, support judicial independence, protect the right of due process, end the use of torture, and combat corruption;

(D)

humanitarian assistance, including in the Kurdistan Region of Iraq;

(E)

programs to protect and assist religious and ethnic minority populations; and

(F)

programs to increase United States private sector investment.

(2)

Badr Organization.

Limitation.—

Funds appropriated by this Act under title III and made available for bilateral economic assistance for Iraq may not be made available to an organization or entity for which the Secretary of State has credible information is controlled by the Badr Organization.

(d)

Disbursement.

Deadline.

Israel.—

Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not less than $3,300,000,000 shall be available for grants only for Israel which shall be disbursed within 30 days of enactment of this Act:

Provided, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $725,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development.

(e)

Jordan.—

Of the funds appropriated by this Act under titles III and IV, not less than $1,650,000,000 shall be made available for assistance for Jordan, of which not less than $845,100,000 shall be made available for budget support for the Government of Jordan and not less than $425,000,000 shall be made available under the heading “Foreign Military Financing Program”.

(f)

Lebanese Internal Security Forces.

Lebanese Armed Forces.

Terrorism.

Lebanon.—

(1)

Limitation.—

None of the funds appropriated by this Act may be made available for the Lebanese Internal Security Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

(2)

Security assistance.—

(A)

Consultation.

Funds appropriated by this Act under the headings “International Narcotics Control and Law Enforcement” and “Foreign Military Financing Program” that are made 138 STAT. 806 available for assistance for Lebanon may be made available for programs and equipment for the ISF and the LAF to address security and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees.

(B)

Funds appropriated by this Act under the heading “Foreign Military Financing Program” that are made available for assistance for Lebanon may only be made available for programs to—

(i)

professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah;

(ii)

strengthen the security of borders and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and stability requirements in areas affected by conflict in Syria, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and

(iii)

implement United Nations Security Council Resolution 1701:

Provided,

Spend plan.

That prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is used only for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961:

Provided further,

Notification.

That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment.

(3)

Assistance.—

Funds appropriated by this Act under the heading “Economic Support Fund” that are made available for assistance for Lebanon may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346 note).

(g)

Morocco.—

Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco.

(h)

Saudi Arabia.—

(1)

None of the funds appropriated by this Act under the heading “International Military Education and Training” should be made available for assistance for the Government of Saudi Arabia.

(2)

None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia—

(A)

has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153);138 STAT. 807

(B)

has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and

(C)

has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency.

(i)

Syria.—

(1)

Non-lethal assistance.—

Funds appropriated by this Act under titles III and IV may be made available, notwithstanding any other provision of law, for non-lethal stabilization assistance for Syria, including for emergency medical and rescue response and chemical weapons investigations.

(2)

Limitations.—

Funds made available pursuant to paragraph (1) of this subsection—

(A)

Terrorism.

Iran.

may not be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran in Syria;

(B)

Russia.

Determination.

may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines may threaten or undermine United States national security interests; and

(C)

Bashar al-Assad.

should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces or made available to an organization or entity effectively controlled by an official or immediate family member of an official of such government.

(3)

United states government al-hol action plan.—

Of the funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, not less than $25,000,000 shall be made available to implement the “U.S. Government Al-Hol Action Plan”.

(4)

Requirement.

Monitoring, oversight, consultation, and notification.—

(A)

Prior to the obligation of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of such assistance inside Syria.

(B)

Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees and shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided,

Compliance.

That such consultation shall include the steps taken to comply with subparagraph (A) and steps intended to be taken to comply with section 7015(j) of this Act.

(j)

Consultation.

Tunisia.—

Funds appropriated under titles III and IV of this Act shall be made available for assistance for Tunisia for programs to support democratic governance and civil society, protect due process of law, and maintain regional stability and security, following consultation with the Committees on Appropriations.

(k)

West Bank and Gaza.—

138 STAT. 808

(1)

Report on assistance.—

Prior to the initial obligation of funds made available by this Act under the heading “Economic Support Fund” for assistance for the West Bank and Gaza, the Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to—

(A)

advance Middle East peace;

(B)

improve security in the region;

(C)

continue support for transparent and accountable government institutions;

(D)

promote a private sector economy; or

(E)

address urgent humanitarian needs.

(2)

Limitations.—

(A)

(i)

None of the funds appropriated under the heading “Economic Support Fund” in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act—

(I)

the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or

(II)

the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.

(ii)

Waiver authority.

Certification.

Reports.

The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace.

(B)

(i)

President.

Waiver authority.

Determinations.

Certifications.

The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act—

(I)

obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and

(II)

initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians.

(ii)

Time period.

Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have 138 STAT. 809 entered into direct and meaningful negotiations with Israel:

Provided, That any waiver of the provisions of section 1003 of Public Law 100–204 under clause (i) of this subparagraph or under previous provisions of law must expire before the waiver under this clause may be exercised.

(iii)

Effective date.

Time periods.

Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.

(3)

Application of taylor force act.—

Funds appropriated by this Act under the heading “Economic Support Fund” that are made available for assistance for the West Bank and Gaza shall be made available consistent with section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141).

(4)

Applicability.

Security report.—

The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 (Public Law 110–252) shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority.

(5)

Incitement report.—

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Palestinian Authority to counter incitement of violence against Israelis and to promote peace and coexistence with Israel.

africa

Sec. 7042.

(a)

African Great Lakes Region Assistance Restriction.—

Determination.

Reports.

Funds appropriated by this Act under the heading “International Military Education and Training” for the central government of a country in the African Great Lakes region may be made available only for Expanded International Military Education and Training and professional military education until the Secretary of State determines and reports to the Committees on Appropriations that such government is not facilitating or otherwise participating in destabilizing activities in a neighboring country, including aiding and abetting armed groups.

(b)

Central African Republic.—

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $3,000,000 shall be made available for a contribution to the Special Criminal Court in Central African Republic.

(c)

Lord’s Resistance Army.

Child soldiers.

Counter Illicit Armed Groups.—

Funds appropriated by this Act shall be made available for programs and activities in areas affected by the Lord’s Resistance Army (LRA) or other illicit armed groups in Eastern Democratic Republic of the Congo and the Central African Republic, including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers.

(d)

Democratic Republic of the Congo.—

Funds appropriated by this Act shall be made available for assistance for the Democratic Republic of the Congo (DRC) for stabilization, democracy, global health, and bilateral economic assistance:

Provided, That such funds shall also be made available to support security, stabilization, development, and democracy in Eastern DRC.138 STAT. 810

(e)

Ethiopia.—

Funds appropriated by this Act that are made available for assistance for Ethiopia should be used to support—

(1)

political dialogue;

(2)

civil society and the protection of human rights;

(3)

investigations and prosecutions of gross violations of human rights;

(4)

efforts to provide unimpeded access to, and monitoring of, humanitarian assistance; and

(5)

the restoration of basic services in areas impacted by conflict.

(f)

Malawi.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for higher education programs in Malawi shall be made available for higher education and workforce development programs in agriculture as described under this section in House Report 118–146.

(g)

Reports.

Power Africa.—

Prior to the initial obligation of funds appropriated by this Act and made available for the Power Africa program, the Administrator of the United States Agency for International Development shall submit the report required under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act):

Provided, That such funds shall be used for all-of-the-above energy development consistent with the Electrify Africa Act of 2015 (Public Law 114–121).

(h)

South Sudan.—

None of the funds appropriated by this Act under title IV may be made available for assistance for the central Government of South Sudan, except to support implementation of outstanding issues of the Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other viable peace agreement in South Sudan.

(i)

Sudan.—

(1)

Limitation.—

None of the funds appropriated by this Act under title IV may be made available for assistance for the central Government of Sudan, except to support implementation of outstanding issues of the Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other viable peace agreement in Sudan.

(2)

Requirement.

Consultation.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in Sudan shall be subject to prior consultation with the appropriate congressional committees.

(j)

Certifications.

Reports.

Zimbabwe.—

(1)

22 USC 2151 note.

Instruction.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly.138 STAT. 811

(2)

Limitation.—

None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1).

east asia and the pacific

Sec. 7043.

(a)

Burma.—

(1)

Uses of funds.—

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $121,000,000 shall be made available for assistance for Burma for the purposes described in section 5575 of the Burma Act of 2022 (subtitle E of title LV of division E of Public Law 117–263) and section 7043(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328):

Provided,

Applicability.

That the authorities, limitations, and conditions contained in section 7043(a) of division K of Public Law 117–328 shall apply to funds made available for assistance for Burma under this Act, except for the minimum funding requirements and paragraph (1)(B):

Provided further, That for the purposes of section 5575 of the Burma Act of 2022 and assistance for Burma made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, “non-lethal assistance” shall include equipment and associated training to support—

(A)

atrocities prevention;

(B)

the protection of civilians from military attack;

(C)

the delivery of humanitarian assistance;

(D)

investigations into genocide and human rights violations committed by the Burmese military;

(E)

local governance and the provision of services in areas outside the control of the Burmese military; and

(F)

medical trauma care, supplies, and training.

(2)

Consultation.

Deserter programs.—

Pursuant to section 7043(a)(1)(A) of division K of Public Law 117–328, as continued in effect by this subsection, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Burma shall be made available for programs and activities to support deserters from the military junta and its allied entities, following consultation with the appropriate congressional committees.

(b)

Cambodia.—

Not

Deadline.

Assessment.

China.

later than 90 days after the date of enactment of this Act but prior to the initial obligation of funds appropriated by this Act that are made available for assistance for Cambodia, the Secretary of State shall submit to the appropriate congressional committees an assessment of the extent of the influence of the People’s Republic of China in Cambodia, including on the Government of Cambodia and with respect to the purposes and operations of Ream Naval Base.

(c)

Indo-Pacific Strategy.—

(1)

Assistance.—

Of the funds appropriated under titles III and IV of this Act, not less than $1,800,000,000 shall be 138 STAT. 812 made available to support implementation of the Indo-Pacific Strategy.

(2)

China.

Requirement.

Consultation.

Countering prc influence fund.—

Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, not less than $400,000,000 shall be made available for a Countering PRC Influence Fund to counter the influence of the Government of the People’s Republic of China and the Chinese Communist Party and entities acting on their behalf globally, which shall be subject to prior consultation with the Committees on Appropriations:

Provided, That such funds are in addition to amounts otherwise made available for such purposes:

Provided further, That up to 10 percent of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence:

Provided further, That funds made available pursuant to this paragraph under the heading “Foreign Military Financing Program” may remain available until September 30, 2025:

Provided further,

Transfer authority.

That funds appropriated by this Act for such Fund under the headings “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program” may be transferred to, and merged with, funds appropriated under such headings:

Provided further,

Notification.

(3)

Restriction on uses of funds.—

None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for any project or activity that directly supports or promotes—

(A)

the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; or

(B)

Determination.

the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States.

(4)

Strategic review.—

Funds appropriated by this Act shall be made available to design and implement reforms of the processes and procedures regarding the application, consideration, and delivery of equipment and technical training under the Foreign Military Sales (FMS) program, including implementation of FMS 2023 by the Department of State:

Provided,

Deadline.

That not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit a comprehensive strategic review to the appropriate congressional committees on the implementation and impact of such reforms in the Indo-Pacific:

Provided further,

Assessment.

Foreign countries.

That such review shall provide an assessment of major defense equipment sought by key United States allies and security partners in the region, 138 STAT. 813 including the Philippines, Indonesia, Vietnam, Singapore, and Taiwan:

Provided further,

Consultation.

That the Secretary shall consult with the appropriate congressional committees prior to submitting such review.

(5)

Maps.—

None of the funds made available by this Act should be used to create, procure, or display any map that inaccurately depicts the territory and social and economic system of Taiwan and the islands or island groups administered by Taiwan authorities.

(d)

Agent Orange.

Laos.—

Of the funds appropriated by this Act under titles III and IV, not less than $93,000,000 shall be made available for assistance for Laos, including for assistance for persons with disabilities caused by unexploded ordnance accidents, and of which up to $1,500,000 may be made available for programs to assist persons with severe physical mobility, cognitive, or developmental disabilities in areas sprayed with Agent Orange:

Provided,

Assessments.

That funds made available pursuant to this subsection may be used, in consultation with the Government of Laos, for assessments of the existence of dioxin contamination resulting from the use of Agent Orange in Laos and the feasibility and cost of remediation.

(e)

North Korea.—

(1)

Determinations.

Reports.

Cybersecurity.—

None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea:

Provided, That the Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 (Public Law 114–122; 22 U.S.C. 9229) to the Committees on Appropriations:

Provided further,

Waiver authority.

That the Secretary of State may waive the application of the restriction in this paragraph with respect to assistance for the central government of a country if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of such interest served.

(2)

Broadcasts.—

Funds appropriated by this Act under the heading “International Broadcasting Operations” shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year.

(3)

Human rights.—

Funds appropriated by this Act under the headings “Economic Support Fund” and “Democracy Fund” shall be made available for the promotion of human rights in North Korea:

Provided,

Applicability.

That the authority of section 7032(b)(1) of this Act shall apply to such funds.

(4)

Limitation on use of funds.—

None of the funds made available by this Act under the heading “Economic Support Fund” may be made available for assistance for the Government of North Korea.

(f)

Pacific Islands Countries.—

(1)

Operations.—

Funds appropriated by this Act under the headings “Diplomatic Programs” for the Department of State and “Operating Expenses” for the United States Agency for International Development shall be made available to 138 STAT. 814 expand the United States diplomatic and development presence in Pacific Islands countries (PICs), including the number and location of facilities and personnel.

(2)

Assistance.—

Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, not less than $160,000,000 shall be made available for assistance for PICs, including to implement the Pacific Partnership Strategy of the United States and Partners in the Blue Pacific initiative, and to further the goals of the Pacific Islands Forum’s 2050 Strategy for the Blue Pacific Continent:

Provided, That funds appropriated by this Act that are made available for the Countering PRC Influence Fund shall be made available for assistance for PICs, in addition to funds made available under this paragraph:

Provided further, That funds made available by this paragraph for assistance for PICs shall be made available for programs and activities to strengthen and expand cooperation between the United States and higher education institutions in PICs, to be awarded on a competitive basis:

Provided further,

Commemoration.

World War II.

That funds made available by this paragraph for assistance for PICs shall be made available to appropriately commemorate the anniversary of World War II battles in the Pacific in which American servicemen and women lost their lives:

Provided further, That of the funds made available by this paragraph for assistance for PICs, not less than $5,000,000 shall be made available for trilateral programs.

(g)

People’s Republic of China.—

(1)

Prohibition.—

None of the funds appropriated by this Act may be made available for assistance for the Government of the People’s Republic of China or the Chinese Communist Party.

(2)

Hong kong.—

Of the funds appropriated by this Act under the first paragraph under the heading “Democracy Fund”, not less than $5,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists.

(h)

Philippines.—

(1)

Foreign military financing program.—

Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not less than $40,000,000 shall be made available for assistance for the Philippines.

(2)

Limitation.—

None of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction.

(i)

Taiwan.—

(1)

Global cooperation and training framework.—

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $4,000,000 shall be made available for the Global Cooperation and Training Framework, which shall be administered by the American Institute in Taiwan.

(2)

Foreign military financing program.—

Of the funds appropriated by this Act under the heading “Foreign Military Financing Program”, not less than $300,000,000 shall be made 138 STAT. 815 available for assistance for Taiwan:

Provided, That the Secretary of State, in coordination with the Secretary of Defense, shall prioritize the delivery of defense articles and services for Taiwan.

(3)

Foreign military financing program loan and loan guarantee authority.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Foreign Military Financing Program”, except for amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans and loan guarantees for Taiwan, as authorized by section 5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of title LV of division E of Public Law 117–263).

(4)

Fellowship program.—

Funds appropriated by this Act under the heading “Payment to the American Institute in Taiwan” shall be made available for the Taiwan Fellowship Program.

(5)

Deadline.

Consultation.—

Not later than 60 days after the date of enactment of this Act, the Secretary of State shall consult with the Committees on Appropriations on the uses of funds made available pursuant to this subsection:

Provided,

Requirement.

Notification.

That such funds shall be subject to the regular notification procedures of the Committees on Appropriations.

(j)

Tibet.—

(1)

Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $10,000,000 shall be made available to nongovernmental organizations with experience working with Tibetan communities to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China.

(2)

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $8,000,000 shall be made available for programs to promote and preserve Tibetan culture and language in the refugee and diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan Administration in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities:

Provided, That such funds are in addition to amounts made available in paragraph (1) for programs inside Tibet.

(3)

Consultation.

Of the funds appropriated by this Act under the heading “Economic Support Fund”, not less than $5,000,000 shall be made available for programs to strengthen the capacity of the Central Tibetan Administration, of which up to $1,500,000 may be made available to address economic growth and capacity building activities, including for displaced Tibetan refugee families in India and Nepal to help meet basic needs, following consultation with the Committees on Appropriations:

Provided, That such funds shall be administered by USAID.138 STAT. 816

(k)

Vietnam.—

Of the funds appropriated under titles III and IV of this Act, not less than $197,000,000 shall be made available for assistance for Vietnam, of which not less than—

(1)

$30,000,000 shall be made available for health and disability programs to assist persons with severe physical mobility, cognitive, or developmental disabilities:

Provided, That

Agent Orange.

such funds shall be prioritized to assist persons whose disabilities may be related to the use of Agent Orange and exposure to dioxin, or are the result of unexploded ordnance accidents;

(2)

$20,000,000 shall be made available, notwithstanding any other provision of law, for activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes;

(3)

$3,000,000 shall be made available for the Reconciliation/Vietnamese Wartime Accounting Initiative; and

(4)

$15,000,000 shall be made available for higher education programs.

south and central asia

Sec. 7044.

(a)

Afghanistan.—

(1)

Restriction.—

None of the funds appropriated by this Act that are made available for assistance for Afghanistan may be made available for assistance to the Taliban.

(2)

Afghan students.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available to—

(A)

Reimbursement.

support the higher education of students from Afghanistan studying outside of the country, including the costs of reimbursement to institutions hosting such students, as appropriate:

Provided,

Consultation.

That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations prior to the initial obligation of funds for such purposes; and

(B)

provide modified learning opportunities for women and girls in Afghanistan, including but not limited to, efforts to expand internet access, online schooling, and distribution of educational content.

(3)

Afghan women.—

(A)

Of the funds appropriated by this Act under the heading “Economic Support Fund” that are made available for assistance for Afghanistan, not less than $5,000,000 shall be made available for programs to investigate and document human rights abuses against women in Afghanistan:

Provided,

Consultation.

That such funds shall be the responsibility of the Bureau of Democracy, Human Rights, and Labor, Department of State, following consultation with the Committees on Appropriations.

(B)

Funds appropriated by this Act that are made available for assistance for Afghanistan shall be made available for a program for Afghan women-led organizations to support education, human rights, and economic 138 STAT. 817 livelihoods in Afghanistan:

Provided, That such program shall be co-designed by women in Afghanistan.

(4)

Plans.

Report.—

Not later than 45 days after the date of enactment of this Act, the Secretary of State and the USAID Administrator shall submit a report to the appropriate congressional committees detailing plans, consistent with the restriction contained in paragraph (1), to—

(A)

protect and strengthen the rights of Afghan women and girls;

(B)

support higher education programs, including continued support for the American University of Afghanistan’s (AUAF) online programs and support for other higher education institutions in South Asia and the Middle East that are hosting AUAF and other Afghan students;

(C)

support Afghan civil society activists, journalists, and independent media, including in third countries; and

(D)

support health, education, including community-based education, and other programs to address the basic needs of the people of Afghanistan.

(b)

Pakistan.—

(1)

Limitation.—

Funds appropriated by this Act under the heading “Foreign Military Financing Program” that are made available for assistance for Pakistan may only be made available to support counterterrorism and counterinsurgency capabilities in Pakistan.

(2)

Reports.

Shakil Afridi.

Withholding.—

Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden.

(c)

Sri Lanka.—

(1)

Assistance.—

Funds appropriated under title III of this Act shall be made available for assistance for Sri Lanka for democracy and economic development programs, particularly in areas recovering from ethnic and religious conflict.

(2)

Reports.

Certification.—

Funds appropriated by this Act for assistance for the central Government of Sri Lanka may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that such Government is taking effective and consistent steps to—

(A)

Human rights.

protect the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating violations of human rights and the laws of war and holding perpetrators of such violations accountable;

(B)

implement the necessary political, economic, military, and legal reforms to enable economic recovery and to prevent conflict and future economic crises;

(C)

increase transparency and accountability in governance and combat corruption, including bringing to justice public officials who have engaged in significant acts of corruption;

(D)

assert its sovereignty against influence by the People’s Republic of China; and138 STAT. 818

(E)

promote reconciliation between ethnic and religious groups, particularly arising from past conflict in Sri Lanka, as described under this section in House Report 118–146:

Provided, That the limitations of this paragraph shall not apply to funds made available for humanitarian assistance and disaster response; to protect human rights, locate and identify missing persons, and assist victims of torture and trauma; to promote justice, accountability, and reconciliation; to enhance maritime security and domain awareness; to promote fiscal transparency and sovereignty; and for International Military Education and Training.

(3)

Limitation.—

Funds appropriated by this Act that are made available for assistance for the Sri Lankan armed forces may only be made available for—

(A)

international peacekeeping operations training;

(B)

humanitarian assistance and disaster response;

(C)

instruction in human rights and related curricula development;

(D)

maritime security and domain awareness, including professionalization and training for the navy and coast guard; and

(E)

programs and activities under the heading “International Military Education and Training”.

(4)

Requirement.

Consultation.—

Funds made available for assistance for Sri Lanka for international peacekeeping operations training shall be subject to prior consultation with the Committees on Appropriations.

latin america and the caribbean

Sec. 7045.

(a)

Assistance for Latin America and the Caribbean.—

Funds appropriated by this Act under titles III and IV and made available for countries in Latin America and the Caribbean shall be prioritized for programs as described under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(b)

Central America.—

(1)

Assistance.—

Funds appropriated under titles III and IV of this Act shall be made available for assistance for countries in Central America, consistent with subsection (a), of which—

(A)

$61,500,000 should be made available to support entities and activities to combat corruption and impunity in such countries, including, as appropriate, offices of Attorneys General;

(B)

$70,000,000 should be made available for programs to reduce violence against women and girls, including for Indigenous women and girls;

(C)

funds should be made available for assistance for El Salvador, Guatemala, and Honduras for programs that support locally-led development in such countries:

Provided, That up to 15 percent of the funds made available to carry out this subparagraph may be used by the Administrator of the United States Agency for International Development for administrative and oversight expenses related to the purposes of this subparagraph: 138 STAT. 819

Provided further,

Consultation.

That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this subparagraph prior to the initial obligation of funds:

Provided further,

Requirement.

Notification.

That such funds shall be subject to the regular notification procedures of the Committees on Appropriations; and

(D)

funds shall be made available for the youth empowerment program established pursuant to section 7045(a)(1)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103).

(2)

Limitation on assistance to certain central governments.—

(A)

Certification.

Reports.

Of the funds made available pursuant to paragraph (1) under the heading “Economic Support Fund” and under title IV of this Act, 60 percent of such funds that are made available for assistance for each of the central governments of El Salvador, Guatemala, and Honduras may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is—

(i)

combating corruption and impunity, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt, and improving strategies to combat money laundering and other global financial crimes;

(ii)

implementing reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions, strengthening the independence of judicial and electoral institutions, and improving the transparency of political campaign and political party financing;

(iii)

protecting the rights of human rights defenders, trade unionists, journalists, civil society groups, opposition political parties, and the independence of the media;

(iv)

providing effective and accountable law enforcement and security for its citizens, curtailing the role of the military in public security, and upholding due process of law;

(v)

implementing programs to reduce violence against women and girls;

(vi)

implementing policies to reduce poverty and promote economic growth and opportunity, including the implementation of reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth;

(vii)

cooperating with the United States to counter drug trafficking, human trafficking and smuggling, and other transnational crime;

(viii)

cooperating with the United States and other governments in the region to facilitate the return, repatriation, and reintegration of migrants;

(ix)

taking demonstrable actions to secure national borders and stem mass migration, including by informing its citizens of the dangers of the journey to the southwest border of the United States and 138 STAT. 820 advancing efforts to combat crime and violence, build economic opportunity, improve government services, and protect human rights; and

(x)

implementing policies that improve the environment for businesses, including foreign businesses, to operate and invest, including executing tax reform in a transparent manner, ensuring effective legal mechanisms for reimbursements of tax refunds owed to United States businesses, and resolving disputes involving the confiscation of real property of United States entities.

(B)

Exceptions.—

The limitation of subparagraph (A) shall not apply to funds appropriated by this Act that are made available for—

(i)

judicial entities and activities to combat corruption and impunity;

(ii)

programs to combat gender-based violence;

(iii)

programs to promote and protect human rights, including those of Indigenous communities and Afro-descendants, and to investigate human rights abuses;

(iv)

support for women’s economic empowerment;

(v)

humanitarian assistance; and

(vi)

food security programs.

(C)

Foreign military financing program.—

None of the funds appropriated by this Act under the heading “Foreign Military Financing Program” may be made available for assistance for El Salvador, Guatemala, or Honduras, except for programs that support humanitarian assistance and disaster response.

(c)

Colombia.—

(1)

Pre-obligation reports.—

Prior to the initial obligation of funds appropriated by this Act and made available for assistance for Colombia, the Secretary of State shall submit the reports required under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(2)

Assistance.—

(A)

Funds appropriated by this Act under titles III and IV shall be made available for assistance for Colombia:

Provided, That such funds shall be made available for the programs and activities described under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

(B)

Of the funds appropriated by this Act under the heading “International Narcotics Control and Law Enforcement” and made available for assistance pursuant to this subsection, not less than $40,000,000 shall be made available to enhance rural security in coca producing municipalities and other municipalities with high levels of illicit activities:

Provided, That such funds shall be prioritized in such municipalities that are also targeted for assistance programs that provide viable economic alternatives and improve access to public services.

(3)

Certifications.

Reports.

Withholding of funds.—

(A)

Time period.

Counternarcotics.—

Of the funds appropriated by this Act under the heading “International Narcotics Control 138 STAT. 821 and Law Enforcement” that are made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that in the previous 12 months the Government of Colombia has—

(i)

reduced overall coca cultivation, production, and drug trafficking;

(ii)

continued cooperating with the United States on joint counternarcotics strategies; and

(iii)

maintained extradition cooperation with the United States.

(B)

Human rights.—

Of the funds appropriated by this Act under the heading “Foreign Military Financing Program” and made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that—

(i)

the Special Jurisdiction for Peace and other judicial authorities, as appropriate, are sentencing perpetrators of gross violations of human rights, including those with command responsibility, to deprivation of liberty;

(ii)

the Government of Colombia is making consistent progress in reducing threats and attacks against human rights defenders and other civil society activists, and judicial authorities are prosecuting and punishing those responsible for ordering and carrying out such attacks;

(iii)

the Government of Colombia is making consistent progress in protecting Afro-Colombian and Indigenous communities and is respecting their rights and territories;

(iv)

senior military officers credibly alleged, or whose units are credibly alleged, to be responsible for ordering, committing, and covering up cases of false positives and other extrajudicial killings, or of committing other gross violations of human rights, or of conducting illegal communications intercepts or other illicit surveillance, are being held accountable, including removal from active duty if found guilty through criminal, administrative, or disciplinary proceedings; and

(v)

the Colombian Armed Forces are cooperating fully with the requirements described in clauses (i) through (iv).

(4)

Exceptions.—

The limitations of paragraph (3) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs.

(5)

Authority.—

Aircraft supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities.138 STAT. 822

(6)

Limitation.—

None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Colombia may be made available for payment of reparations to conflict victims, compensation to demobilized combatants, or cash subsidies for agrarian reforms associated with the implementation of the 2016 peace agreement between the Government of Colombia and illegal armed groups.

(d)

Cuba Democracy Programs.—

Funds appropriated by this Act under the heading “Economic Support Fund” and made available for democracy programs in Cuba may not be made available for business promotion, economic reform, entrepreneurship, or any other assistance that is not democracy building as expressly authorized in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban Democracy Act of 1992.

(e)

Cuban Doctors.—

(1)

Report.—

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees listing the countries and international organizations for which the Secretary has credible information are directly paying the Government of Cuba for coerced and trafficked labor of Cuban medical professionals:

Provided, That such report shall be submitted in unclassified form but may include a classified annex.

(2)

Applicability.

Designation.—

The Secretary of State shall apply the requirements of section 7031(c) of this Act to officials from countries and organizations identified in the report required pursuant to the previous paragraph.

(f)

Facilitating Irresponsible Migration.—

None of the funds appropriated or otherwise made available by this Act may be used to encourage, mobilize, publicize, or manage mass-migration caravans towards the United States southwest border:

Provided,

Reports.

Analysis.

That not later than 180 days after the date of enactment of this Act, the Secretary of State shall report to the appropriate congressional committees with analysis on the organization and funding of mass-migration caravans in the Western Hemisphere:

Provided further, That the prohibition contained in this subsection shall not be construed to preclude the provision of humanitarian assistance.

(g)

Haiti.—

(1)

Assistance.—

Funds appropriated by this Act under titles III and IV shall be made available for assistance for Haiti to support the basic needs of the Haitian people.

(2)

Reports.

Certification.—

Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State certifies and reports to the appropriate congressional committees by January 1, 2025 that elections have been scheduled or held in Haiti and it is in the national interest of the United States to provide such assistance.

(3)

Exceptions.—

Notwithstanding paragraph (2), funds may be made available to support—

(A)

democracy programs;

(B)

police, anti-gang, and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions;138 STAT. 823

(C)

public health, food security, subsistence farmers, water and sanitation, education, and other programs to meet basic human needs; and

(D)

disaster relief and recovery.

(4)

Requirement.

Consultation.—

Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in Haiti shall be subject to prior consultation with the Committees on Appropriations:

Provided,

Applicability.

That the requirement of this paragraph shall also apply to any funds from such Acts that are made available for support for an international security force in Haiti.

(5)

Prohibition.—

None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti.

(6)

Haitian coast guard.—

The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.

(7)

Modification.—

Section 7045(c)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328)

136 Stat. 5066.

is amended

striking

“paragraph (1)” and

inserting

“paragraph (2)”.

(h)

Certification.

Reports.

Drugs and drug abuse.

Mexico.—

Of the funds appropriated under title IV in this Act that are made available for assistance for Mexico, 15 percent shall be withheld from obligation until the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Mexico has taken steps to—

(1)

reduce the amount of fentanyl arriving at the United States-Mexico border;

(2)

dismantle and hold accountable transnational criminal organizations;

(3)

support joint counternarcotics operations and intelligence sharing with United States counterparts; and

(4)

respect extradition requests for criminals sought by the United States.

(i)

Nicaragua.—

Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $15,000,000 shall be made available for democracy and religious freedom programs for Nicaragua.

(j)

Organization of American States.—

(1)

The Secretary of State shall instruct the United States Permanent Representative to the Organization of American States (OAS) to use the voice and vote of the United States to:

(A)

implement budgetary reforms and efficiencies within the Organization;

(B)

eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments;

(C)

prevent programmatic and organizational redundancies and consolidate duplicative activities and functions;

(D)

prioritize areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights; and138 STAT. 824

(E)

implement reforms within the Office of the Inspector General (OIG) to ensure the OIG has the necessary leadership, integrity, professionalism, independence, policies, and procedures to properly carry out its responsibilities in a manner that meets or exceeds best practices in the United States.

(2)

Reports.

Prior to the obligation of funds appropriated by this Act and made available for an assessed contribution to the Organization of American States, but not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on actions taken or planned to be taken pursuant to paragraph (1) that are in addition to actions taken during the preceding fiscal year, and the results of such actions.

(k)

The Caribbean.—

Of the funds appropriated by this Act under titles III and IV, not less than $88,000,000 shall be made available for the Caribbean Basin Security Initiative.

(l)

Venezuela.—

(1)

Of the funds appropriated by this Act under the heading “Economic Support Fund”, $50,000,000 should be made available for democracy programs for Venezuela.

(2)

Determination.

Reports.

Of the funds made available pursuant to paragraph (1) that are allocated for electoral-related activities, 50 percent may only be obligated after the Secretary of State determines and reports to the appropriate congressional committees that elections related to such activities—

(A)

allow for the diaspora from Venezuela to participate;

(B)

are open for credible, unobstructed international observation; and

(C)

allow for opposition candidates selected through credible and democratic processes to participate.

(3)

Funds shall be made available for assistance for communities in countries supporting or otherwise impacted by migrants from Venezuela:

Provided,

Requirement.

Notification.

That such amounts are in addition to funds otherwise made available for assistance for such countries and are subject to the regular notification procedures of the Committees on Appropriations.

europe and eurasia

Sec. 7046.

(a)

Section 907 of the Freedom Support Act.—

Section 907 of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to—

(1)

activities to support democracy or assistance under title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;

(2)

any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961;

(3)

any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;

(4)

any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development 138 STAT. 825 Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254);

(5)

any financing provided under the Export-Import Bank Act of 1945 (Public Law 79–173); or

(6)

humanitarian assistance.

(b)

Territorial Integrity.—

None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act:

Provided,

President.

Determination.

That except as otherwise provided in section 7047(a) of this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States:

Provided further,

Consultation.

That prior to executing the authority contained in the previous proviso, the Secretary of State shall consult with the Committees on Appropriations on how such assistance supports the national security interest of the United States.

(c)

Determination.

Reports.

Turkey.—

None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice:

Provided, That the limitation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey.

(d)

Ukraine.—

(1)

Deadline.

Strategy requirement.—

Not later than 60 days after the date of enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall submit to the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the appropriate congressional committees a strategy to prioritize United States national security interests in response to Russian aggression in Ukraine and its impact in Europe and Eurasia, which shall include an explanation of how United States assistance for Ukraine and affected countries in the region advances the objectives of such strategy:

Provided,

Timelines.

That such strategy shall include clear goals, benchmarks, timelines, and strategic objectives with respect to funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Ukraine, including details on the staffing requirements necessary to carry out such strategy.

(2)

Reports.

Cost matching.—

Funds appropriated by this Act under the headings “Economic Support Fund” and “Assistance for Europe, Eurasia and Central Asia” that are made available 138 STAT. 826 for contributions to the Government of Ukraine may not exceed 50 percent of the total amount provided for such assistance by all sources:

Provided,

President.

Waiver authority.

Determination.

That the President may waive the limitation in this paragraph if the President determines and reports to the appropriate congressional committees that to do so is in the national security interest of the United States, including a detailed justification for such determination and an explanation as to why other donors to the Government of Ukraine are unable to meet or exceed such level:

Provided further,

Time period.

That following such determination, the President shall submit a report to the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the appropriate congressional committees every 120 days while assistance is provided in reliance on the determination under the previous proviso detailing steps taken by the Department of State to increase other donor contributions and an update on the status of such contributions:

Provided further,

Requirements.

Extension.

That the requirements of this paragraph shall continue in effect until funds made available by this Act pursuant to this paragraph have been expended.

(3)

Oversight.—

(A)

Staffing.—

Funds appropriated under titles I and II of this Act shall be made available to support the appropriate level of staff in Ukraine and neighboring countries to conduct effective monitoring and oversight of United States foreign assistance and ensure the safety and security of United States personnel, consistent with the strategy required in paragraph (1).

(B)

In-person monitoring.—

The Secretary of State shall, to the maximum extent practicable, ensure that funds appropriated by this Act under the headings “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, and “Nonproliferation, Anti-terrorism, Demining and Related Programs” and made available for project-based assistance for Ukraine are subject to in-person monitoring by United States personnel or by vetted third party monitors.

(C)

Reports.

Audits.

Evaluations.

Certification.—

Not later than 15 days prior to the initial obligation of funds appropriated by this Act and made available for assistance for Ukraine under the headings “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, and “Foreign Military Financing Program”, the Secretary of State and the USAID Administrator shall jointly certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of funds are in place and functioning to ensure accountability of such funds to prevent waste, fraud, abuse, diversion, and corruption, including mechanisms such as use of third-party monitors, enhanced end-use monitoring, external and independent audits and evaluations, randomized spot checks, and regular reporting on outcomes achieved and progress made toward stated program objectives, consistent with the strategy required in paragraph (1):

Provided,

Applicability.

That section 7015(e) of this 138 STAT. 827 Act shall apply to the certification requirement of this subparagraph.

(D)

Requirements.

Applicability.

Notification.—

The requirements of section 1706 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328) shall apply to funds appropriated by this Act under titles I through IV that are made available for assistance for Ukraine.

(E)

Time periods.

Reports.—

(i)

Not later than 60 days after the date of enactment of this Act and every 90 days thereafter until all funds appropriated by this Act and made available for Ukraine have been expended, the Secretary of State and the USAID Administrator shall provide a comprehensive report to the appropriate congressional committees on assistance made available for Ukraine since February 24, 2022, in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs:

Provided, That such report shall include the total amount of such funds, disaggregated by account and fiscal year, that remain unobligated, are obligated but unexpended, and are committed but not yet notified.

(ii)

Summary.

Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until all funds appropriated by this Act and made available for Ukraine have been expended, the Secretary of State and the USAID Administrator shall jointly report to the appropriate congressional committees on the use and planned uses of funds made available during fiscal year 2024 for assistance for Ukraine, including categories and amounts, the intended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to increase other donor contributions:

Provided, That such reports shall also include the metrics established to measure such results, and determine effectiveness of funds provided, and a detailed description of coordination and information sharing with the Offices of the Inspectors General, including a full accounting of any reported allegations of waste, fraud, abuse, and corruption, steps taken to verify such allegations, and steps taken to address all verified allegations.

(F)

Public information.

Transparency.—

The reports required under this subsection shall be made publicly available consistent with the requirements of section 7016(b) of this Act.

countering russian influence and aggression

Sec. 7047.

(a)

Prohibition.—

None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation.

(b)

Determinations.

Reports.

Annexation of Territory.—

(1)

Prohibition.—

None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and 138 STAT. 828 reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine:

Provided,

Waiver authority.

That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest.

(2)

Limitation.—

None of the funds appropriated by this Act may be made available for—

(A)

the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine;

(B)

the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of the Russian Federation or Russian-backed forces, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or

(C)

assistance for Crimea or other territory in Ukraine under the control of the Russian Federation or Russian-backed forces, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities.

(3)

International financial institutions.—

The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine.

(4)

Duration.—

The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of the Russian Federation or Russian-backed forces.

(c)

Occupation of the Georgian Territories of Abkhazia and Tskhinvali Region/South Ossetia.—

(1)

Determinations.

Reports.

Prohibition.—

None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic relations with, the Russian Federation occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia:

Provided,

Web posting.

List.

That the Secretary shall publish on the Department of State website a list of any such central governments in a timely manner:

Provided further,

Waiver authority.

That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, and includes a justification for such interest.

(2)

Limitation.—

None of the funds appropriated by this Act may be made available to support the Russian Federation 138 STAT. 829 occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.

(3)

International financial institutions.—

(d)

Countering Russian Influence Fund.—

Of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Assistance for Europe, Eurasia and Central Asia”, “International Narcotics Control and Law Enforcement”, “International Military Education and Training”, and “Foreign Military Financing Program”, not less than $300,000,000 shall be made available to carry out the purposes of the Countering Russian Influence Fund, as authorized by section 254 of the Countering Russian Influence in Europe and Eurasia Act of 2017 (Public Law 115–44; 22 U.S.C. 9543) and notwithstanding the country limitation in subsection (b) of such section, and programs to enhance the capacity of law enforcement and security forces in countries in Europe, Eurasia, and Central Asia and strengthen security cooperation between such countries and the United States and the North Atlantic Treaty Organization, as appropriate:

Provided, That funds made available pursuant to this paragraph under the heading “Foreign Military Financing Program” may remain available until September 30, 2025.

united nations and other international organizations

Sec. 7048.

Reports.

(a)

Transparency and Accountability.—

Not later than 120 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations whether each organization, department, or agency receiving a contribution from funds appropriated by this Act under the headings “Contributions to International Organizations” and “International Organizations and Programs”—

(1)

Web posting.

Public information.

Audits.

is posting on a publicly available website, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits;

(2)

Web posting.

has submitted a report to the Department of State, which shall be posted on the Department’s website in a timely manner, demonstrating that such organization is effectively implementing and enforcing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including—

(A)

protection against retaliation for internal and lawful public disclosures;

(B)

legal burdens of proof;

(C)

statutes of limitation for reporting retaliation;

(D)

access to binding independent adjudicative bodies, including shared cost and selection of external arbitration; and138 STAT. 830

(E)

results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and

(3)

is effectively implementing and enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first-class and business-class travel;

(4)

is taking credible steps to combat anti-Israel bias;

(5)

is developing and implementing mechanisms to inform donors of instances in which funds have been diverted or destroyed and an explanation of the response by the respective international organization; and

(6)

is implementing policies and procedures to effectively vet staff for any affiliation with a terrorist organization.

(b)

Determinations.

Terrorism.

Restrictions on United Nations Delegations and Organizations.—

(1)

Restrictions on united states delegations.—

None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports international terrorism.

(2)

Restrictions on contributions.—

None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

(3)

Reports.

Waiver.—

The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served.

(c)

Israel.

United Nations Human Rights Council.—

(1)

Determination.

Reports.

None of the funds appropriated by this Act may be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and reports to the appropriate congressional committees that participation in the Council is important to the national interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council:

Provided, That

Reform agenda.

Timeline.

such report shall include a description of the national interest served and provide a detailed reform agenda, including a timeline to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council:

Provided further, That the Secretary of State shall withhold, from funds appropriated by this Act under the heading “Contributions to International Organizations” for a contribution 138 STAT. 831 to the United Nations Regular Budget, the United States proportionate share of the total annual amount of the United Nations Regular Budget funding for the United Nations Human Rights Council until such determination and report is made:

Provided further,

Notification.

That if the Secretary is unable to make such determination and report, such amounts may be reprogrammed for purposes other than the United Nations Regular Budget, subject to the regular notification procedures of the Committees on Appropriations:

Provided further,

Time period.

That the Secretary shall report to the Committees on Appropriations not later than September 30, 2024, on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and to improve the quality of membership through competitive elections.

(2)

None of the funds appropriated by this Act may be made available for the United Nations International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel.

(d)

Prohibition of Payments to United Nations Members.—

None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under the auspices of multilateral or international organizations.

(e)

Updates.

Report.—

Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2024 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law:

Provided, That the Secretary shall update such report each time additional funds are withheld by operation of any provision of law:

Provided further,

Requirement.

Consultation.

Notification.

That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(f)

Sexual Exploitation and Abuse in Peacekeeping Operations.—

The

Determinations.

Secretary of State shall, to the maximum extent practicable, withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents:

Provided,

Notifications.

Deadline.

That the Secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made:

Provided further, That the Secretary shall, 138 STAT. 832 to the maximum extent practicable, assist such government in bringing the responsible members of such unit to justice.

(g)

Notification.

Additional Availability.—

Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated by this Act which are returned or not made available due to the second proviso under the heading “Contributions for International Peacekeeping Activities” in title I of this Act or section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain available for obligation until September 30, 2025:

Provided, That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act.

(h)

Deadline.

Contracts.

Determination.

Accountability Requirement.—

Not later than 30 days after the date of enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall seek to enter into written agreements with each international organization that receives funding appropriated by this Act to provide timely access to the Inspectors General of the Department of State and the United States Agency for International Development and the Comptroller General of the United States to such organization’s financial data and other information relevant to United States contributions to such organization, as determined by the Inspectors and Comptroller General.

(i)

Strengthening American Presence at International Organizations.—

(1)

Of the funds made available by this Act under the heading “International Organizations and Programs”, not less than $5,000,000 shall be made available for the placement of United States citizens in the Junior Professional Officer Programme.

(2)

Of the funds made available by this Act under the heading “Diplomatic Programs”, not less than $750,000 shall be made available to enhance the competitiveness of United States citizens for leadership positions in the United Nations system, including pursuant to section 9701 of the Department of State Authorization Act of 2022 (title XCVII of division I of Public Law 117–263).

war crimes tribunal

Sec. 7049.

President.

Determination.

If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof:

Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c):

Provided further,

Notification.

That funds made available pursuant to this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.

138 STAT. 833

global internet freedom

Sec. 7050.

(a)

Funding.—

Of the funds available for obligation during fiscal year 2024 under the headings “International Broadcasting Operations”, “Economic Support Fund”, “Democracy Fund”, and “Assistance for Europe, Eurasia and Central Asia”, not less than $94,000,000 shall be made available for programs to promote Internet freedom globally, consistent with section 9707 of the Department of State Authorization Act of 2022 (title XCVII of division I of Public Law 117–263).

(b)

Consultation.

Deadline.

Coordination and Spend Plans.—

After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after the date of enactment of this Act, the Secretary of State and the Chief Executive Officer of the United States Agency for Global Media, in consultation with the President of the Open Technology Fund, shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes:

Provided, That the Department of State spend plan shall include funding for all such programs for all relevant Department of State and United States Agency for International Development offices and bureaus.

torture and other cruel, inhuman, or degrading treatment or punishment

Sec. 7051.

(a)

Prohibition.—

None of the funds made available by this Act may be used to support or justify the use of torture and other cruel, inhuman, or degrading treatment or punishment by any official or contract employee of the United States Government.

(b)

Assistance.—

Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to eliminate torture and other cruel, inhuman, or degrading treatment or punishment by foreign police, military, or other security forces in countries receiving assistance from funds appropriated by this Act.

aircraft transfer, coordination, and use

Sec. 7052.

(a)

Transfer Authority.—

Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings “Diplomatic Programs”, “International Narcotics Control and Law Enforcement”, “Andean Counterdrug Initiative”, and “Andean Counterdrug Programs” may be used for any other program and in any region.

(b)

Applicability.

Determination.

Reports.

Property Disposal.—

The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region:

Provided,

Requirement.

Consultation.

Notification.

That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(c)

Aircraft Coordination.—

138 STAT. 834

(1)

Reimbursements.

Authority.—

The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission:

Provided, That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities:

Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis:

Provided further, That funds received by the Department of State in connection with the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Working Capital Fund of the Department and shall be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft.

(2)

Applicability.

Scope.—

The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel.

(d)

Aircraft Operations and Maintenance.—

To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country.

parking fines and real property taxes owed by foreign governments

Sec. 7053.

Applicability.

The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall apply to this Act:

Provided, That subsection (f)(2)(B) of such section shall be applied by substituting “September 30, 2023” for “September 30, 2009”.

international monetary fund

Sec. 7054.

(a)

Applicability.

Extensions.—

The terms and conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall apply to this Act.

(b)

Repayment.—

The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private or multilateral creditors.

extradition

Sec. 7055.

Notification.

(a)

Limitation.—

None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings “Development Assistance”, “International Disaster Assistance”, “Complex Crises Fund”, “International Narcotics Control and Law Enforcement”, “Migration and Refugee Assistance”, “United States Emergency Refugee and Migration Assistance Fund”, and “Nonproliferation, Anti-terrorism, Demining and Related Assistance”) for the central government of a country which has notified the Department of State of its refusal 138 STAT. 835 to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request.

(b)

Applicability.

Clarification.—

Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty.

(c)

Certification.

Waiver.—

The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interest of the United States.

enterprise funds

Sec. 7056.

Time period.

President.

(a)

Notification.—

None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.

(b)

Distribution of Assets Plan.—

Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund.

(c)

Transition or Operating Plan.—

Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees.

united nations population fund

Sec. 7057.

(a)

Contribution.—

Of the funds made available under the heading “International Organizations and Programs” in this Act for fiscal year 2024, $32,500,000 shall be made available for the United Nations Population Fund (UNFPA).

(b)

Transfer authority.

Notification.

Availability of Funds.—

Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the “Global Health Programs” account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations.

(c)

Prohibition on Use of Funds in China.—

None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China.

(d)

Conditions on Availability of Funds.—

Funds made available by this Act for UNFPA may not be made available unless—

(1)

UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and

(2)

Abortion.

UNFPA does not fund abortions.

(e)

Report to Congress and Dollar-for-Dollar Withholding of Funds.—

(1)

Not later than 4 months after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations indicating the amount of 138 STAT. 836 funds that UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China.

(2)

If a report under paragraph (1) indicates that UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted.

global health activities

Sec. 7058.

(a)

In General.—

Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading “Global Health Programs” and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:

Provided, That of the funds appropriated under title III of this Act, not less than $575,000,000 should be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species.

(b)

Pandemics and Other Infectious Disease Outbreaks.—

(1)

Global health security.—

Funds appropriated by this Act under the heading “Global Health Programs” shall be made available for global health security programs to accelerate the capacity of countries to prevent, detect, and respond to infectious disease outbreaks, including by strengthening public health capacity where there is a high risk of emerging zoonotic infectious diseases:

Provided,

Deadline.

Consultation.

That not later than 60 days after the date of enactment of this Act, the Administrator of the United States Agency for International Development and the Secretary of State, as appropriate, shall consult with the Committees on Appropriations on the planned uses of such funds.

(2)

Determination.

Reports.

Transfer authority.

Extraordinary measures.—

If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, not to exceed an aggregate total of $200,000,000 of the funds appropriated by this Act under the headings “Global Health Programs”, “Development Assistance”, “International Disaster Assistance”, “Complex Crises Fund”, “Economic Support Fund”, “Democracy Fund”, “Assistance for Europe, Eurasia and Central Asia”, “Migration and Refugee Assistance”, and “Millennium Challenge Corporation” may be made available to combat such infectious disease or public health emergency, and may be transferred to, and merged with, funds appropriated under such headings for the purposes of this paragraph.138 STAT. 837

(3)

Emergency reserve fund.—

Up to $70,000,000 of the funds made available under the heading “Global Health Programs” may be made available for the Emergency Reserve Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31):

Provided, That such funds shall be made available under the same terms and conditions of such section.

(4)

Requirement.

Consultation and notification.—

Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.

(c)

Wuhan Institute of Virology.

China.

Limitation.—

Notwithstanding any other provision of law, none of the funds made available by this Act may be made available to the Wuhan Institute of Virology located in the City of Wuhan in the People’s Republic of China.

gender equality and women’s empowerment

Sec. 7059.

(a)

In General.—

Funds appropriated by this Act shall be made available to promote the equality and empowerment of women and girls in United States Government diplomatic and development efforts by raising the status, increasing the economic participation and opportunities for political leadership, and protecting the rights of women and girls worldwide.

(b)

Women’s Economic Empowerment.—

Funds appropriated by this Act shall be made available to expand economic opportunities for women by increasing the number and capacity of women-owned enterprises, improving property rights for women, increasing women’s access to financial services and capital, enhancing the role of women in economic decision-making at the local, national, and international levels, and improving women’s ability to participate in the global economy, including through implementation of the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428):

Provided,

Consultation.

That the Secretary of State and the Administrator of the United States Agency for International Development, as applicable, shall consult with the Committees on Appropriations on the uses of funds made available pursuant to this subsection.

(c)

Gender Equity and Equality Action Fund.—

Of the funds appropriated under title III of this Act, up to $200,000,000 may be made available for the Gender Equity and Equality Action Fund.

(d)

Madeleine K. Albright Women’s Leadership Program.—

Of the funds appropriated under title III of this Act, not less than $50,000,000 shall be made available for the Madeleine K. Albright Women’s Leadership Program, as established by section 7059(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117–328).

(e)

Gender-Based Violence.—

(1)

Of the funds appropriated under titles III and IV of this Act, not less than $250,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings.

(2)

Funds appropriated under titles III and IV of this Act that are available to train foreign police, judicial, and 138 STAT. 838 military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces.

(3)

Funds made available pursuant to this subsection should include efforts to combat a variety of forms of violence against women and girls, including child marriage, rape, and female genital cutting and mutilation.

(f)

Women, Peace, and Security.—

Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, and “International Narcotics Control and Law Enforcement”, $150,000,000 should be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls.

sector allocations

Sec. 7060.

(a)

Basic Education and Higher Education.—

(1)

Basic education.—

(A)

Of the funds appropriated under title III of this Act, not less than $922,000,000 shall be made available for the Nita M. Lowey Basic Education Fund, and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries:

Provided, That such funds shall also be used for secondary education activities:

Provided further, That of the funds made available by this paragraph, $150,000,000 should be available for the education of girls in areas of conflict.

(B)

Of the funds appropriated under title III of this Act for assistance for basic education programs, $152,000,000 shall be made available for contributions to multilateral partnerships that support education.

(2)

Higher education.—

Of the funds appropriated by title III of this Act, not less than $271,000,000 shall be made available for assistance for higher education:

Provided,

Requirement.

Notification.

That such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That of such amount, not less than $33,000,000 shall be made available for new and ongoing partnerships between higher education institutions in the United States and developing countries focused on building the capacity of higher education institutions and systems in developing countries:

Provided further, That of such amount and in addition to the previous proviso, not less than $35,000,000 shall be made available for higher education programs pursuant to section 7060(a)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260).138 STAT. 839

(3)

Scholar rescue programs.—

Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia”, not less than $7,000,000 shall be made available for scholar rescue programs to support projects that strengthen democracy and civil society by protecting scholars at risk overseas, including through fellowships and placement opportunities abroad, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State.

(b)

Development Programs.—

Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $18,500,000 shall be made available for United States Agency for International Development cooperative development programs and not less than $31,500,000 shall be made available for the American Schools and Hospitals Abroad program.

(c)

Disability Programs.—

Funds appropriated by this Act under the heading “Development Assistance” shall be made available for programs and activities administered by USAID to address the needs of, and protect and promote the rights of, people with disabilities in developing countries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employment, transportation, sports, political and electoral participation, and integration of individuals with disabilities, including for the cost of translation:

Provided, That funds shall be made available to support disability rights advocacy organizations in developing countries:

Provided further, That of the funds made available pursuant to this subsection, 5 percent may be used by USAID for management, oversight, and technical support.

(d)

Food Security and Agricultural Development.—

(1)

Use of funds.—

Of the funds appropriated by title III of this Act, not less than $960,000,000 shall be made available for food security and agricultural development programs to carry out the purposes of the Global Food Security Act of 2016 (Public Law 114–195), including for the Feed the Future Innovation Labs:

Provided, That funds may be made available for a contribution as authorized by section 3202 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115–334).

(2)

Feed the future modernization.—

Of the funds made available pursuant to this subsection—

(A)

not less than 50 percent should be made available for the Feed the Future target countries; and

(B)

not less than $25,000,000 shall be made available to support private sector investment in food security, including as catalytic capital.

(e)

Micro, Small, and Medium-Sized Enterprises.—

Of the funds appropriated by this Act, not less than $252,000,000 shall be made available to support the development of, and access to financing for, micro, small, and medium-sized enterprises that benefit the poor, especially women.

(f)

Programs to Combat Trafficking in Persons.—

Of the funds appropriated by this Act under the headings “Development Assistance”, “Economic Support Fund”, “Assistance for Europe, Eurasia and Central Asia”, and “International Narcotics Control and 138 STAT. 840 Law Enforcement”, not less than $111,000,000 shall be made available for activities to combat trafficking in persons internationally, including for the Program to End Modern Slavery, of which not less than $89,500,000 shall be from funds made available under the heading “International Narcotics Control and Law Enforcement”:

Provided, That funds made available by this Act under the headings “Development Assistance”, “Economic Support Fund”, and “Assistance for Europe, Eurasia and Central Asia” that are made available for activities to combat trafficking in persons should be obligated and programmed consistent with the country-specific recommendations included in the annual Trafficking in Persons Report, and shall be coordinated with the Office to Monitor and Combat Trafficking in Persons, Department of State:

Provided further, That such funds are in addition to funds made available by this Act under the heading “Diplomatic Programs” for the Office to Monitor and Combat Trafficking in Persons:

Provided further, That funds made available by this Act shall be made available to further develop, standardize, and update training for all United States Government personnel under Chief of Mission authority posted at United States embassies and consulates abroad on recognizing signs of human trafficking and protocols for reporting such cases.

(g)

Deadline.

Public-Private Partnerships.—

Of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Economic Support Fund”, $100,000,000 shall be made available to support new public-private partnership foundations for conservation and food security if legislation establishing such foundations is enacted into law by December 31, 2024.

(h)

Reconciliation Programs.—

Of the funds appropriated by this Act under the heading “Development Assistance”, not less than $25,000,000 shall be made available to support people-to-people reconciliation programs which bring together individuals of different ethnic, racial, religious, and political backgrounds from areas of civil strife and war:

Provided,

Requirement.

Notification.

That such funds shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That to the maximum extent practicable, such funds shall be matched by sources other than the United States Government:

Provided further, That such funds shall be administered by the Center for Conflict and Violence Prevention, USAID.

(i)

Water and Sanitation.—

Of the funds appropriated by this Act, not less than $451,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $225,500,000 shall be for programs in sub-Saharan Africa.

(j)

Deviation.—

Unless otherwise provided for by this Act, the Secretary of State and the USAID Administrator, as applicable, may deviate below the minimum funding requirements designated in sections 7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding such designation:

Provided, That such deviations shall only be exercised to address unforeseen or exigent circumstances:

Provided further,

Proposals.

That concurrent with the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the Secretary shall submit to the Committees on Appropriations in writing any proposed deviations utilizing such authority that are planned at the time of submission of such report: 138 STAT. 841

Provided further,

Requirement.

Consultation.

That any deviations proposed subsequent to the submission of such report shall be subject to prior consultation with such Committees:

Provided further,

Reports.

That not later than November 1, 2025, the Secretary of State shall submit a report to the Committees on Appropriations on the use of the authority of this subsection.

environment programs

Sec. 7061.

(a)

Reports.

Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, except for the provisions of this section and only subject to the reporting procedures of the Committees on Appropriations, to support environment programs.

(b)

(1)

Of the funds appropriated under title III of this Act, not less than $365,750,000 shall be made available for biodiversity conservation programs.

(2)

Not less than $118,750,000 of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking.

(3)

Determination.

Poaching.

Reports.

None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the appropriate congressional committees that to do so is in the national security interest of the United States.

(4)

Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging, agriculture, livestock production, mining, or any other industrial scale extractive activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive directors of each international financial institution (IFI) to use the voice and vote of the United States to oppose any financing of any such activity.

(c)

The Secretary of the Treasury shall instruct the United States executive director of each IFI that it is the policy of the United States to use the voice and vote of the United States, in relation to any loan, grant, strategy, or policy of such institution, regarding the construction of any large dam consistent with the criteria set forth in Senate Report 114–79, while also considering whether the project involves important foreign policy objectives.

(d)

Of the funds appropriated under title III of this Act, not less than $175,750,000 shall be made available for sustainable landscapes programs.

(e)

Of the funds appropriated under title III of this Act, not less than $256,500,000 shall be made available for adaptation programs, including in support of the implementation of the Indo-Pacific Strategy.

(f)

Of the funds appropriated under title III of this Act, not less than $247,000,000 shall be made available for clean energy programs, including in support of carrying out the purposes of the Electrify Africa Act (Public Law 114–121) and implementing the Power Africa initiative.138 STAT. 842

(g)

Funds appropriated by this Act under title III may be made available for United States contributions to the Adaptation Fund and the Least Developed Countries Fund.

(h)

Of the funds appropriated under title III of this Act, not less than $47,500,000 shall be made available for the purposes enumerated under section 7060(c)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260):

Provided,

Consultation.

That such funds may only be made available following consultation with the Committees on Appropriations.

(i)

Of the funds appropriated under title III of this Act, not less than $19,000,000 shall be made available to support Indigenous and other civil society organizations in developing countries that are working to protect the environment, including threatened and endangered species.

(j)

Implementation.

The Secretary of State and USAID Administrator shall implement the directive regarding law enforcement in national parks and protected areas as described under this section in Senate Report 118–71.

budget documents

Sec. 7062.

Deadlines.

(a)

Operating Plans.—

Not later than 45 days after the date of enactment of this Act, each department, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2024, that provides details of the uses of such funds at the program, project, and activity level:

Provided, That such plans shall include, as applicable, a comparison between the congressional budget justification funding levels, the most recent congressional directives or approved funding levels, and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification:

Provided further,

Requirement.

Notification.

That operating plans that include changes in levels of funding for programs, projects, and activities specified in the congressional budget justification, in this Act, or amounts designated in the tables in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act.

(b)

Spend Plans.—

(1)

Prior to the initial obligation of funds, the Secretary of State or Administrator of the United States Agency for International Development, as appropriate, shall submit to the Committees on Appropriations a spend plan for funds made available by this Act for—

(A)

assistance for countries in Central America and the Caribbean, Cambodia, Ethiopia, Iraq, Pacific Islands countries, Pakistan, Tunisia, and Ukraine;

(B)

assistance for the Africa Regional Counterterrorism program, Caribbean Basin Security Initiative, Central America Regional Security Initiative, Counterterrorism 138 STAT. 843 Partnerships Fund, Global Peace Operations Initiative, Indo-Pacific Strategy and the Countering PRC Influence Fund, Partnership for Global Infrastructure and Investment, Partnership for Regional East Africa Counterterrorism, Power Africa, Prosper Africa, and Trans-Sahara Counterterrorism Partnership;

(C)

assistance made available pursuant to the following sections in this Act: section 7032; section 7036; section 7047(d) (on a country-by-country basis); section 7059; and subsections (a), (d), (e), (f), (h), and (i) of section 7060;

(D)

funds provided under the heading “International Narcotics Control and Law Enforcement” for International Organized Crime and for Cybercrime and Intellectual Property Rights:

Provided, That the spend plans shall include bilateral and global programs funded under such heading along with a brief description of the activities planned for each country; and

(E)

implementation of the Global Fragility Act of 2019.

(2)

Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the headings “Department of the Treasury, International Affairs Technical Assistance” in title III and “Treasury International Assistance Programs” in title V.

(3)

Determination.

Notwithstanding paragraph (1), up to 10 percent of the funds contained in a spend plan required by this subsection may be obligated prior to the submission of such spend plan if the Secretary of State, the USAID Administrator, or the Secretary of the Treasury, as applicable, determines that the obligation of such funds is necessary to avoid significant programmatic disruption:

Provided,

Time period.

Consultation.

That not less than seven days prior to such obligation, the Secretary or Administrator, as appropriate, shall consult with the Committees on Appropriations on the justification for such obligation and the proposed uses of such funds.

(c)

Clarification.—

The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961.

(d)

Congressional Budget Justification.—

The congressional budget justification for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2025:

Provided,

Appendices.

That the appendices for such justification shall be provided to the Committees on Appropriations not later than 10 calendar days thereafter.

reorganization

Sec. 7063.

(a)

Prior Consultation and Notification.—

Funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan described in subsection (b) by the Department of State, the United States Agency for International Development, or any other Federal department, agency, or organization 138 STAT. 844 funded by this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees:

Provided,

Requirement.

That such funds shall be subject to the regular notification procedures of the Committees on Appropriations:

Provided further, That any such notification submitted to such Committees shall include a detailed justification for any proposed action:

Provided further, That congressional notifications submitted in prior fiscal years pursuant to similar provisions of law in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be deemed to meet the notification requirements of this section.

(b)

Description of Activities.—

Pursuant to subsection (a), a reorganization, redesign, or other plan shall include any action to—

(1)

expand, eliminate, consolidate, or downsize covered departments, agencies, or organizations, including bureaus and offices within or between such departments, agencies, or organizations, including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices;

(2)

expand, eliminate, consolidate, or downsize the United States official presence overseas, including at bilateral, regional, and multilateral diplomatic facilities and other platforms; or

(3)

expand or reduce the size of the permanent Civil Service, Foreign Service, eligible family member, and locally employed staff workforce of the Department of State and USAID from the staffing levels previously justified to the Committees on Appropriations for fiscal year 2024.

department of state matters

Sec. 7064.

(a)

Requirement.

Notification.

Working Capital Fund.—

Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund that are made available for new service centers, shall be subject to the regular notification procedures of the Committees on Appropriations.

(b)

Certification.—

(1)

Reports.

Compliance.—

Not later than 45 days after the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the management and oversight of such funds, the Secretary of State shall certify and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is in compliance with Department and Federal financial and grants management policies, procedures, and regulations, as applicable.

(2)

Considerations.—

When making a certification required by paragraph (1), the Secretary of State shall consider the capacity of a bureau or office to—

(A)

account for the obligated funds at the country and program level, as appropriate;

(B)

identify risks and develop mitigation and monitoring plans;

(C)

establish performance measures and indicators;

(D)

review activities and performance; and

(E)

assess final results and reconcile finances.138 STAT. 845

(3)

Timeline.

Plan.—

If the Secretary of State is unable to make a certification required by paragraph (1), the Secretary shall submit a plan and timeline detailing the steps to be taken to bring such bureau or office into compliance.

(c)

Other Matters.—

(1)

In addition to amounts appropriated or otherwise made available by this Act under the heading “Diplomatic Programs”—

(A)

as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and

(B)

not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities.

(2)

Funds appropriated or otherwise made available by this Act under the heading “Diplomatic Programs” are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in title I of this Act.

(3)

Consistent with section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000 of the amounts made available under the heading “Diplomatic Programs” in this Act may be obligated and expended for United States participation in international fairs and expositions abroad, including for construction and operation of a United States pavilion at Expo 2025.

(4)

Of the funds appropriated by this Act under the heading “Diplomatic Programs”, not less than $500,000 shall be made available for additional personnel for the Bureau of Legislative Affairs, Department of State.

(5)

Reports.

Reports required by section 303(g) of the Convention on Cultural Property Implementation Act (19 U.S.C. 2602) shall also be submitted to the Committees on Appropriations:

Provided,

Compliance.

That such reports shall also include information concerning compliance with section 303(c) of such Act.

(6)

(A)

Applicability.

The notification requirement of paragraphs (2) and (3) of subsection (j) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j)) shall also apply to the Committees on Appropriations.

(B)

The justification requirement of paragraph (4) of subsection (j) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j)) shall also apply to the Committees on Appropriations.

(C)

Reports.

Criteria.

Certification.

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the criteria used to certify that a position established in accordance with paragraph (2) of subsection (j) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j)) does not require 138 STAT. 846 the exercise of significant authority pursuant to the laws of the United States:

Provided,

List.

Updates.

Time period.

Termination date.

That such report shall also include a listing of each special appointment authorized by such section, the number of positions for the applicable office, and the salary and other support costs of such office, and such report shall be updated and submitted to the such committees every 180 days thereafter until September 30, 2025.

united states agency for international development management

Sec. 7065.

(a)

22 USC 3948 note.

Authority.—

Up to $170,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading “Assistance for Europe, Eurasia and Central Asia”, may be used by the United States Agency for International Development to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).

(b)

Expiration date.

22 USC 3948 note.

Restriction.—

The authority to hire individuals contained in subsection (a) shall expire on September 30, 2025.

(c)

22 USC 3948 note.

Program Account Charged.—

The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which the responsibilities of such individual primarily relate:

Provided,

Transfer authority.

That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading “Operating Expenses”.

(d)

22 USC 3948 note.

Foreign Service Limited Extensions.—

Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section.

(e)

Notification.

Disaster Surge Capacity.—

Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading “Assistance for Europe, Eurasia and Central Asia”, may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters or man-made disasters, subject to the regular notification procedures of the Committees on Appropriations.

(f)

Personal Services Contractors.—

Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained:

Provided,

Assignment.

That not more than 15 of such contractors shall be assigned to any bureau or office:

Provided further, That 138 STAT. 847 such funds appropriated to carry out title II of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made available only for personal services contractors assigned to the Bureau for Humanitarian Assistance.

(g)

Contracts.

Exception.

Small Business.—

In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.

(h)

Senior Foreign Service Limited Appointments.—

Individuals hired pursuant to the authority provided by section 7059(o) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) may be assigned to or support programs in Afghanistan or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs.

(i)

Crisis Operations Staffing.—

Up to $86,000,000 of the funds made available in title III of this Act pursuant to, or to carry out the provisions of, part I of the Foreign Assistance Act of 1961 and section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94) may be made available for the United States Agency for International Development to appoint and employ personnel in the excepted service to prevent or respond to foreign crises and contexts with growing instability:

Provided, That functions carried out by personnel hired under the authority of this subsection shall be related to the purpose for which the funds were appropriated:

Provided further, That such funds are in addition to funds otherwise available for such purposes and may remain attributed to any minimum funding requirement for which they were originally made available:

Provided further, That

Consultation.

the USAID Administrator shall coordinate with the Director of the Office of Personnel Management and consult with the appropriate congressional committees on implementation of this provision.

(j)

Personal Service Agreements.—

Funds appropriated by this Act under titles II and III may be made available for the USAID Administrator to exercise the authorities of section 2669(c) of title 22, United States Code.

stabilization and development in regions impacted by extremism and conflict

Sec. 7066.

(a)

Prevention and Stabilization Fund.—

Of the funds appropriated by this Act under the headings “Economic Support Fund”, “International Narcotics Control and Law Enforcement”, “Nonproliferation, Anti-terrorism, Demining and Related Programs”, “Peacekeeping Operations”, and “Foreign Military Financing Program”, not less than $135,000,000 shall be made available for the Prevention and Stabilization Fund for the purposes enumerated in section 509(a) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94):

Provided, That such funds shall be prioritized for countries with national and local governments with the demonstrated political will and capacity to partner on strengthening government legitimacy:

Provided further, That

Consultation.

Deadline.

the Secretary of State and the Administrator of the United States Agency for International Development shall consult with 138 STAT. 848 the Committees on Appropriations on the intended prioritization and allocation of such funds not later than 60 days prior to submitting the pre-obligation spend plans required by section 7062(b) of this Act:

Provided further,

Transfer authority.

That funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such headings for such purposes:

Provided further, That

Consultation.

Notification.

such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations:

Provided further, That funds made available pursuant to this subsection under the heading “Foreign Military Financing Program” may remain available until September 30, 2025.

(b)

Transitional Justice.—

Of the funds appropriated by this Act under the headings “Economic Support Fund” and “International Narcotics Control and Law Enforcement”, not less than $10,000,000 shall be made available for programs to promote accountability for genocide, crimes against humanity, and war crimes, which shall be in addition to any other funds made available by this Act for such purposes:

Provided, That such programs shall include components to develop local investigative and judicial skills, and to collect and preserve evidence and maintain the chain of custody of evidence, including for use in prosecutions, and may include the establishment of, and assistance for, transitional justice mechanisms:

Provided further,

Requirement.

Consultation.

That such funds shall be administered by the Ambassador-at-Large for the Office of Global Criminal Justice, Department of State, and shall be subject to prior consultation with the Committees on Appropriations:

Provided further, That funds made available by this paragraph shall be made available on an open and competitive basis.

debt-for-development

Sec. 7067.

Notification.

In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization.

extension of consular fees and related authorities

Sec. 7068.

Applicability.

22 USC 214 note.

(a)

Section 1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2024 by substituting “the costs of providing consular services” for “such costs”.

(b)

Applicability.

Section 21009 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat. 592) shall be applied during fiscal year 2024 by substituting “2020 through 2024” for “2020 and 2021”.

(c)

Transfer authority.

Determination.

Reports.

Consultation.

Discretionary amounts made available to the Department of State under the heading “Administration of Foreign Affairs” of this Act, and discretionary unobligated balances under such 138 STAT. 849 heading from prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be transferred to the Consular and Border Security Programs account if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to sustain consular operations, following consultation with such Committees:

Provided, That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law:

Provided further, That no amounts may be transferred from amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

(d)

In addition to the uses permitted pursuant to section 286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)), for fiscal year 2024, the Secretary of State may also use fees deposited into the Fraud Prevention and Detection Account for the costs of providing consular services.

(e)

Amounts provided pursuant to subsection (b) are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

management and oversight

Sec. 7069.

(a)

22 USC 2396b.

Management.—

(1)

Consistent with paragraph (2), there is hereby established in the Treasury of the United States the “USAID Buying Power Maintenance Account”.

(2)

Transfer authorities.

Deadline.

Up to $50,000,000 of expired or unexpired discretionary unobligated balances appropriated for this and for any succeeding fiscal year under the heading “Operating Expenses” may be transferred to, and merged with, the account established pursuant to paragraph (1) not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated:

Provided, That amounts deposited in such account shall be available until expended for the purposes of offsetting adverse fluctuations in foreign currency exchange rates or overseas wage and price changes to maintain overseas operations, in addition to such other funds as may be available for such purposes:

Provided further, That amounts from such account may be transferred to, and merged with, funds appropriated under titles II and III of this Act or subsequent Acts making appropriations for the Department of State, foreign operations, and related programs for such purposes:

Provided further, That any specific designation or restriction contained in this Act or any other provision of law limiting the amounts available that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctuations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels:

Provided further,

Requirement.

Notification.

That transfers pursuant to this subsection shall be subject to the regular notification procedures of the Committees on Appropriations.

(b)

Accountability and Oversight.—

For purposes of strengthening oversight, efficiency, and accountability, of the relocation activities and related support of individuals at risk as a result 138 STAT. 850 of the situation in Afghanistan, including travel and related expenditures, security and vetting, sustainment and other needs, fees, examinations, and administrative expenses, there is hereby established in the Treasury of the United States the “Enduring Welcome Administrative Expenses Account”:

Provided, That such funds may be made available as contributions and the administrative authorities in the Foreign Assistance Act of 1961 may be made available with respect to such funds, as appropriate:

Provided further,

Transfer authority.

That unobligated balances from prior year appropriations available to the Department of State for support for Operation Enduring Welcome and related efforts may be transferred to such account for the purposes specified in this subsection:

Provided further, That amounts transferred to this account from funds made available under the heading “United States Emergency Refugee and Migration Assistance Fund” may be made available notwithstanding any provision of law which restricts assistance to foreign countries:

Provided further,

Reports.

That not later than 30 days after the establishment of such account, the Secretary of State shall submit to the Committees on Appropriations a report detailing the funds available for obligation under the Enduring Welcome Administrative Expenses Account, the proposed uses of such funds by program, project, and activity and each planned use of the authority of the previous proviso:

Provided further,

Updates.

Time period.

Termination date.

That such report shall be updated and submitted to the Committees on Appropriations every 60 days until September 30, 2025:

Provided further, That amounts transferred pursuant to this subsection that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

multilateral development banks

Sec. 7070.

The African Development Fund Act (22 U.S.C. 290g et seq.)

is amended

adding

at the end the following new section:

“SEC. 227.

22 USC 290g–26.

SIXTEENTH REPLENISHMENT.

“(a)

In General.—

The United States Governor of the Fund is authorized to contribute on behalf of the United States $591,000,000 to the sixteenth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations.

“(b)

Authorization of Appropriations.—

In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $591,000,000 for payment by the Secretary of the Treasury.”

prohibitions on certain transactions involving special drawing rights

Sec. 7071.

(a)

Prohibition on Certain Transactions Involving Perpetrators of Genocide and State Sponsors of Terrorism Without Congressional Authorization.—

Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b))

is amended

adding

at the end the following:

“(3)

President.

Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the 138 STAT. 851 United States engage in any voluntary transaction involving the exchange of Special Drawing Rights that are held by a member country of the Fund, if the Secretary of State has found that the government of the member country—

“(A)

Time period.

has committed genocide at any time during the 1-year period ending with the date of the transaction; or

“(B)

has repeatedly provided support for acts of international terrorism.

“(4)

The Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to—

“(A)

oppose the provision of financial assistance to any government with respect to which the Secretary of State has made a finding described in paragraph (3); and

“(B)

seek to ensure that the member countries of the institution do not engage in voluntary transactions involving the exchange of Special Drawing Rights held by such a government.

“(5)

President.

Reports.

Waiver.—

The President may waive paragraphs (3) and (4) on a case-by-case basis if the President reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is in the national interest of the United States, and includes a detailed explanation of the reasons therefor.”

(b)

Effective date.

22 USC 286q and note.

Repeal.—

Effective on the date that is 10 years after the date of the enactment of this Act, paragraphs (3) through (5) of section 6(b) of the Special Drawing Rights Act, as added by subsection (a) of this section, are

repealed

(c)

Energy Security and IMF Accountability.—

(1)

Expiration date.

Loans.

In general.—

The Secretary of the Treasury may, through December 31, 2031, make direct loans not to exceed $21,000,000,000 in the aggregate to the Poverty Reduction and Growth Trust (in this subsection referred to as the “PRGT”) of the International Monetary Fund (in this subsection referred to as the “IMF”), provided that funds made available in prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading “Contributions to International Monetary Fund Facilities and Trust Funds” shall be available to cover the cost, as defined in section 502 of the Congressional Budget Act of 1974, of loans to the PRGT, subject to paragraph (2).

(2)

Limitation.—

No portion of the funds described under paragraph (1) may be used for the provision of loans by the United States to the Resilience and Sustainability Trust (in this subsection referred to as the “RST”) of the IMF, or for the transfer of resources from the PRGT to the RST.

(d)

Congressional Notification With Respect to Exceptional Access Lending.—

(1)

In general.—

The Bretton Woods Agreements Act (22 U.S.C. 286–286zz)

is amended

adding

at the end the following:138 STAT. 852

“SEC. 74.

Time periods.

22 USC 286aaa.

CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS LENDING.

“(a)

Reports.

In General.—

The United States Executive Director at the Fund may not support any proposal that would alter the criteria used by the Fund for exceptional access lending if the proposal would permit a country that is ineligible, before the proposed alteration, to receive exceptional access lending, unless, not later than 15 days before consideration of the proposal by the Board of Executive Directors of the Fund, the Secretary of the Treasury has submitted to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the justification for the proposal and the effects of the proposed alteration on moral hazard and repayment risk at the Fund.

“(b)

Waiver.—

The Secretary of the Treasury may reduce the applicable notice period required under subsection (a) to not less than 7 days on reporting to the Committee on Financial Services of the House of Representatives and Committee on Foreign Relations of the Senate that the reduction is important to the national interest of the United States, with an explanation of the reasons therefor.”

(2)

Effective date.

22 USC 286aaa and note.

Repeal.—

Effective on the date that is 10 years after the date of the enactment of this Act, section 74 of the Bretton Woods Agreements Act, as added by paragraph (1) of this subsection, is

repealed

(e)

New Arrangements to Borrow.—

(1)

Extension.—

Section 17(a)(6) of the Bretton Woods Agreements Act (22 U.S.C. 286e–2(a)(6))

is amended

striking

“December 31, 2025” and

inserting

“December 31, 2030”.

(2)

Deadline.

Recommenda-

tions.

Strategy.—

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a strategy with respect to the New Arrangements to Borrow (NAB) of the International Monetary Fund, including any recommendations to reduce the resources of the NAB beyond reductions proposed under the 16th General Review of Quotas, that maintains United States support for the International Monetary Fund as a quota-based institution.

extension of certain requirements of the president’s emergency plan for aids relief

Sec. 7072.

(a)

Inspectors General and Annual Study.—

Section 101 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611)

is amended

—

(1)

in subsection (f)(1)—

(A)

in subparagraph (A), by

striking

“2023” and

inserting

“March 25 of fiscal year 2025”; and

(B)

in subparagraph (C)(iv)—

(i)

striking

“nine” and

inserting

“eleven”; and

(ii)

striking

“2023” and

inserting

“2025”; and

(2)

in subsection (g)—

(A)

in paragraph (1), by

striking

“September 30, 2024” and

inserting

“March 25, 2025”; and

(B)

in paragraph (2)—138 STAT. 853

(i)

in the heading, by

striking

“2024” and

inserting

“2025”; and

(ii)

striking

“September 30, 2024” and

inserting

“March 25, 2025”.

(b)

Participation in the Global Fund to Fight AIDS, Tuberculosis, and Malaria.—

Section 202(d) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7622(d))

is amended

—

(1)

in paragraph (4)—

(A)

in subparagraph (A)—

(i)

in clause (i), by

striking

“2023” and

inserting

“March 25 of fiscal year 2025”; and

(ii)

in clause (ii), by

striking

“2023” and

inserting

“March 25 of fiscal year 2025”; and

(B)

in subparagraph (B)(iii), by

striking

“2023” and

inserting

“2024 and March 25 of fiscal year 2025”; and

(2)

in paragraph (5), by

striking

“2023” and

inserting

“2024 and for fiscal year 2025 through March 25 of such fiscal year”.

(c)

Allocation of Funds.—

Section 403 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673)

is amended

—

(1)

in subsection (b), by

striking

“2023” and

inserting

“2024 and fiscal year 2025 through March 25 of such fiscal year”; and

(2)

in subsection (c), in the matter preceding paragraph (1), by

striking

“2023” and

inserting

“2024 and for fiscal year 2025 through March 25 of such fiscal year”.

gaza oversight

Sec. 7073.

Reports.

(a)

Certification.—

The Secretary of State shall certify and report to the appropriate congressional committees not later than 15 days after the date of enactment of this Act, that—

(1)

Policies.

Processes.

Procedures.

oversight policies, processes, and procedures have been established by the Department of State and the United States Agency for International Development, as appropriate, and are in use to prevent the diversion to Hamas and other terrorist and extremist entities in Gaza and the misuse or destruction by such entities of assistance, including through international organizations; and

(2)

such policies, processes, and procedures have been developed in coordination with other bilateral and multilateral donors and the Government of Israel, as appropriate.

(b)

Oversight Policy and Procedures.—

The Secretary of State and the USAID Administrator shall submit to the appropriate congressional committees, concurrent with the submission of the certification required in subsection (a), a written description of the oversight policies, processes, and procedures for funds appropriated by this Act that are made available for assistance for Gaza, including specific actions to be taken should such assistance be diverted, misused, or destroyed, and the role of the Government of Israel in the oversight of such assistance.

(c)

Requirement to Inform.—

The Secretary of State and USAID Administrator shall promptly inform the appropriate congressional committees of each instance in which funds appropriated by this Act that are made available for assistance for Gaza have been diverted, misused, or destroyed, to include the 138 STAT. 854 type of assistance, a description of the incident and parties involved, and an explanation of the response of the Department of State or USAID, as appropriate.

(d)

Consultation.

Third Party Monitoring.—

Funds appropriated by this Act shall be made available for third party monitoring of assistance for Gaza, including end use monitoring, following consultation with the appropriate congressional committees.

(e)

Time period.

Report.—

Not later than 90 days after the initial obligation of funds appropriated by this Act that are made available for assistance for Gaza, and every 90 days thereafter until all such funds are expended, the Secretary of State and the USAID Administrator shall jointly submit to the appropriate congressional committees a report detailing the amount and purpose of such assistance provided during each respective quarter, including a description of the specific entity implementing such assistance.

(f)

Time period.

Termination date.

Reports.

Assessment.—

Not later than 90 days after the date of enactment of this Act and every 90 days thereafter until September 30, 2025, the Secretary of State, in consultation with the Director of National Intelligence and other heads of elements of the intelligence community that the Secretary considers relevant, shall submit to the appropriate congressional committees a report assessing whether funds appropriated by this Act and made available for assistance for the West Bank and Gaza have been diverted to or destroyed by Hamas or other terrorist and extremist entities in the West Bank and Gaza:

Provided, That such report shall include details on the amount and how such funds were made available and used by such entities:

Provided further, That such report may be submitted in classified form, if necessary.

(g)

Deadline.

Consultation.—

Not later than 30 days after the date of enactment of this Act but prior to the initial obligation of funds made available by this Act for humanitarian assistance for Gaza, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations on the amount and anticipated uses of such funds.

other matters

(including rescissions of funds)

Sec. 7074.

(a)

Funds appropriated or otherwise made available by this Act for programs to counter foreign propaganda and disinformation, and for related purposes, may only be made available for the purpose of countering such efforts by foreign state and non-state actors abroad, including through programs of the Global Engagement Center established pursuant to section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (22 U.S.C. 2656 note):

Provided,

Reports.

That not later than 90 days after enactment of this Act but prior to the initial obligation of funds made available for the Global Engagement Center, the Secretary of State shall submit a report to the appropriate congressional committees detailing the steps taken by the Department of State to resolve each of the 18 recommendations detailed in the Office of Inspector General, Department of State, report “Inspection of the Global Engagement Center” (ISP I–22–15).

(b)

Flags.

None of the funds appropriated or otherwise made available by this Act may be obligated or expended to fly or display a 138 STAT. 855 flag over a facility of the United States Department of State other than the—

(1)

United States flag;

(2)

Foreign Service flag pursuant to 2 FAM 154.2–1;

(3)

POW/MIA flag;

(4)

Hostage and Wrongful Detainee flag, pursuant to section 904 of title 36, United States Code;

(5)

flag of a State, insular area, or the District of Columbia at domestic locations;

(6)

flag of an Indian Tribal government;

(7)

official branded flag of a United States agency; or

(8)

sovereign flag of other countries.

(c)

Transfer authority.

Funds may be transferred to the United States Section of the International Boundary and Water Commission, United States and Mexico, from Federal or non-Federal entities, to study, design, construct, operate, and maintain treatment and flood control works and related structures, consistent with the functions of the United States Section:

Provided, That such funds shall be deposited in an account under the heading “International Boundary and Water Commission, United States and Mexico”, to remain available until expended.

(d)

Time period.

Applicability.

During fiscal year 2024, section 614(a)(4)(A)(ii) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)(4)(A)(ii)) shall be applied by substituting “$500,000,000” for “$250,000,000”.

(e)

(1)

Deadline.

Of the unobligated balances from amounts in the Department of the Treasury Forfeiture Fund, established by section 9705 of title 31, United States Code, $260,000,000 are hereby permanently rescinded, not later than September 30, 2024.

(2)

Of the unobligated balances from amounts made available by section 104A(m) of Public Law 103–325 (12 U.S.C. 4703a(m)), $50,000,000 are hereby permanently rescinded.

(3)

Of the unobligated balances in the “Nonrecurring Expenses Fund” established in section 223 of division G of Public Law 110–161, $50,000,000 are hereby rescinded not later than September 30, 2024.

rescissions

(including rescissions of funds)

Sec. 7075.

(a)

Millennium Challenge Corporation.—

Of the unobligated balances from amounts made available under the heading “Millennium Challenge Corporation” from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $475,000,000 are rescinded.

(b)

Embassy Security, Construction, and Maintenance.—

Of the unobligated balances from amounts made available under the heading “Embassy Security, Construction, and Maintenance” from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $224,000,000 are rescinded.

(c)

International Narcotics Control and Law Enforcement.—

Of the unobligated balances from amounts made available under the heading “International Narcotics Control and Law Enforcement” from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $50,000,000 are rescinded.138 STAT. 856

(d)

Economic Support Fund.—

Of the unobligated balances from amounts made available under the heading “Economic Support Fund” from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $152,496,000 are rescinded.

(e)

Consular and Border Security Programs.—

Of the unobligated balances available in the “Consular and Border Security Programs” account, $902,340,000 are rescinded.

(f)

Export-Import Bank.—

Of the unobligated balances from amounts made available under the heading “Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation” for tied-aid grants from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $114,130,000 are rescinded.

(g)

Restriction.—

No amounts may be rescinded from amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

This division may be cited as the “

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024

”.

DIVISION G—

OTHER MATTERS

TITLE I—

EXTENSIONS AND OTHER MATTERS

SEC. 101.

Applicability.

NATIONAL FLOOD INSURANCE PROGRAM.

(a)

42 USC 4016 note.

Financing.—

Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) shall be applied by substituting “September 30, 2024” for “September 30, 2023”.

(b)

42 USC 4026 note.

Program Expiration.—

Sections 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) shall be applied by substituting “September 30, 2024” for “September 30, 2023”.

(c)

42 USC 4016 note.

Retroactive Effective Date.—

This section shall take effect as if enacted on September 30, 2023.

SEC. 102.

Applicability.

8 USC 1182 note.

RURAL HEALTHCARE WORKERS.

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by substituting “September 30, 2024” for “September 30, 2015”.

SEC. 103.

Applicability.

8 USC 1324a note.

E-VERIFY.

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by substituting “September 30, 2024” for “September 30, 2015”.

SEC. 104.

Applicability.

8 USC 1101 note.

NON-MINISTER RELIGIOUS WORKERS.

Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting “September 30, 2024” for “September 30, 2015” each place such date appears.

SEC. 105.

Consultation.

Determination.

Aliens.

8 USC 1184 note.

H-2B SUPPLEMENTAL VISA EXEMPTION.

Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 138 STAT. 857 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon the determination that the needs of United States businesses cannot be satisfied during fiscal year 2024 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation.

SEC. 106.

NATIONAL CYBERSECURITY PROTECTION SYSTEMS.

Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1525(a))

is amended

striking

“September 30, 2023” and

inserting

“September 30, 2024”.

SEC. 107.

PRICE-ANDERSON ACT.

(a)

Extension.—

Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the “Price-Anderson Act”)

is amended

striking

“December 31, 2025” each place it appears and

inserting

“December 31, 2065”.

(b)

Liability.—

Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) (commonly known as the “Price-Anderson Act”)

is amended

—

(1)

in subsection d. (5), by

striking

“$500,000,000” and

inserting

“$2,000,000,000”; and

(2)

in subsection e. (4), by

striking

“$500,000,000” and

inserting

“$2,000,000,000”.

(c)

Report.—

Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) (commonly known as the “Price-Anderson Act”)

is amended

striking

“December 31, 2021” and

inserting

“December 31, 2061”.

(d)

Definition of Nuclear Incident.—

Section 11 q. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(q))

is amended

, in the second proviso, by

striking

“if such occurrence” and all that follows through “United States:” and

inserting

a colon.

SEC. 108.

PASSENGER SECURITY FEE.

(a)

In General.—

Section 44940 of title 49, United States Code,

is amended

in subsection (i)(4)(G) by

striking

“$1,560,000,000” and

inserting

“$760,000,000”.

(b)

49 USC 44940 note.

Application.—

This section shall be applied as if it were in effect on October 1, 2023.

SEC. 109.

EXTENSION OF NON-MEDICARE SEQUESTER.

Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6))

is amended

inserting

after subparagraph (D) the following:

“(E)

The sequestration order issued by the President under subparagraph (D) shall also include, effective upon issuance, that—

“(i)

the percentage reduction for nonexempt direct spending for the defense function is 4.0 percent; and

“(ii)

except as provided in subparagraph (D), the percentage reduction for nonexempt direct spending for nondefense functions is 2.8 percent.”

.138 STAT. 858

TITLE II—

Udall Foundation Reauthorization Act of 2024.
UDALL FOUNDATION REAUTHORIZATION

SEC. 201.

20 USC 5601 note.

SHORT TITLE.

This title may be cited as the “

Udall Foundation Reauthorization Act of 2024

”.

SEC. 202.

INVESTMENT EARNINGS.

Section 8(b)(1) of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5606(b)(1))

is amended

adding

at the end the following:

Effective date.

“Beginning on October 1, 2023, and thereafter, interest earned from investments made with any new appropriations to the Trust Fund shall only be available subject to appropriations and is authorized to be appropriated to carry out the provisions of this Act.”.

SEC. 203.

REAUTHORIZATION OF THE UDALL FOUNDATION TRUST FUND.

Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5609)

is amended

—

(1)

in subsection (a), by

striking

“2023” and

inserting

“2029”;

(2)

in subsection (b), in the matter preceding paragraph (1), by

striking

“2023” and

inserting

“2029”; and

(3)

in subsection (c), by

striking

“5-fiscal year period” and all that follows through the period at the end and

inserting

“5-fiscal year period beginning with fiscal year 2025.”.

SEC. 204.

Deadline.

AUDIT OF THE FOUNDATION.

Not later than 4 years after the date of enactment of this section, the Inspector General of the Department of the Interior shall complete an audit of the Morris K. Udall and Stewart L. Udall Foundation.

TITLE III—

FUNDING LIMITATION FOR UNITED NATIONS RELIEF AND WORKS AGENCY

SEC. 301.

FUNDING LIMITATION.

Notwithstanding

Time periods.

any other provision of any other division of this Act, funds appropriated or otherwise made available by this Act or other Acts making appropriations for the Department of State, foreign operations, and related programs, including provisions of Acts providing supplemental appropriations for the Department of State, foreign operations, and related programs, may not be used for a contribution, grant, or other payment to the United Nations Relief and Works Agency, notwithstanding any other provision of law—

(1)

for any amounts provided in prior fiscal years or in fiscal year 2024; or

(2)

Termination date.

for amounts provided in fiscal year 2025, until March 25, 2025.138 STAT. 859

TITLE IV—

BUDGETARY EFFECTS

SEC. 401.

BUDGETARY EFFECTS.

(a)

Statutory PAYGO Scorecards.—

The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).

(b)

Senate PAYGO Scorecards.—

The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

(c)

Classification of Budgetary Effects.—

Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)), the budgetary effects of this division shall not be estimated—

(1)

for purposes of section 251 of such Act (2 U.S.C. 901);

(2)

for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)); and

(3)

for purposes of section 3(4)(C) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(4)(C)) as being included in an appropriation Act.

(d)

Estimates.

Exceptions.—

Notwithstanding subsection (c), the budgetary effects of the offsetting collections authorized under section 44940 of title 49, United States Code, as amended by section 108 of this division of this Act, that are made available in division C of this Act shall be estimated for purposes of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985.

Approved March 23, 2024.

LEGISLATIVE HISTORY—H.R. 2882 (S. 1311):

HOUSE REPORTS: ┐No. 118–364, Pt. 1 (Comm. on Natural Resources).

CONGRESSIONAL RECORD, Vol. 170 (2024):

Feb. 5, considered and passed House.

Mar. 12, considered and passed Senate, amended.

Mar. 22, House concurred in Senate amendment with an amendment pursuant to H. Res. 1102. Senate concurred in House amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2024):

Mar. 23, Presidential statement.

○

Public Law 118–47: Making further consolidated appropriations for the fiscal year ending September 30, 2024, and for other purposes.

SHORT TITLE.

TABLE OF CONTENTS.

REFERENCES.

EXPLANATORY STATEMENT.

STATEMENT OF APPROPRIATIONS.

AVAILABILITY OF FUNDS.

ADJUSTMENTS TO COMPENSATION.

Department of Defense Appropriations Act, 2024.DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024

MILITARY PERSONNEL

Military Personnel, Army

Military Personnel, Navy

Military Personnel, Marine Corps

Military Personnel, Air Force

Military Personnel, Space Force

Reserve Personnel, Army

Reserve Personnel, Navy

Reserve Personnel, Marine Corps

Reserve Personnel, Air Force

National Guard Personnel, Army

National Guard Personnel, Air Force

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

Operation and Maintenance, Navy

Operation and Maintenance, Marine Corps

Operation and Maintenance, Air Force

Operation and Maintenance, Space Force

Operation and Maintenance, Defense-Wide

Counter-ISIS Train and Equip Fund

Operation and Maintenance, Army Reserve

Operation and Maintenance, Navy Reserve

Operation and Maintenance, Marine Corps Reserve

Operation and Maintenance, Air Force Reserve

Operation and Maintenance, Army National Guard

Operation and Maintenance, Air National Guard

United States Court of Appeals for the Armed Forces

Environmental Restoration, Army

Environmental Restoration, Navy

Environmental Restoration, Air Force

Environmental Restoration, Defense-Wide

Environmental Restoration, Formerly Used Defense Sites

Overseas Humanitarian, Disaster, and Civic Aid

Cooperative Threat Reduction Account

Department of Defense Acquisition Workforce Development Account

PROCUREMENT

Aircraft Procurement, Army

Missile Procurement, Army

Procurement of Weapons and Tracked Combat Vehicles, Army

Procurement of Ammunition, Army

Other Procurement, Army

Aircraft Procurement, Navy

Weapons Procurement, Navy

Procurement of Ammunition, Navy and Marine Corps

Shipbuilding and Conversion, Navy

Other Procurement, Navy

Procurement, Marine Corps

Aircraft Procurement, Air Force

Missile Procurement, Air Force

Procurement of Ammunition, Air Force

Other Procurement, Air Force

Procurement, Space Force

Procurement, Defense-Wide

Defense Production Act Purchases

National Guard and Reserve Equipment Account

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

Research, Development, Test and Evaluation, Navy

Research, Development, Test and Evaluation, Air Force

Research, Development, Test and Evaluation, Space Force

Research, Development, Test and Evaluation, Defense-Wide

Operational Test and Evaluation, Defense

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

Chemical Agents and Munitions Destruction, Defense

Drug Interdiction and Counter-Drug Activities, Defense

Office of the Inspector General

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

Department of Defense Appropriations Act, 2024.
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2024

Financial Services and General Government Appropriations Act, 2024.
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2024